Last Update: March 2025

These Terms and Conditions govern the services provided by Smart TMS Limited. By submitting an enquiry or undergoing treatment with Smart TMS, you agree to these terms.

1. DEFINITIONS

1.1. "Smart TMS" or "the Company" refers to Smart rTMS Limited.
1.2. "Patient Information" refers to information provided by Smart TMS to patients, including brochures, letters, or electronic communications.
1.3. "Procedure" or "Treatment" refers to the delivery of repetitive Transcranial Magnetic Stimulation (rTMS) treatment administered on the Premises.
1.4. "Clinician" means any qualified medical practitioner registered with the General Medical Council (GMC), Health and Care Professions Council (HCPC), or any other relevant governing body.
1.5. "Patient" refers to any person who has entered into a contract with Smart TMS for a Procedure.
1.6. "Cost" refers to the value of sessions at the Applicable Rate as detailed on the prescription following the Consultation.
1.7. "Consultation" is a pre-Procedure meeting between the Patient and Clinician, where the Patient's suitability for the Procedure is assessed. Consultations with Smart TMS Operators or other staff are not medical consultations, and advice provided is of a general, non-medical nature.
1.8. "Premises" refers to any clinic, building, or part thereof, owned or managed by Smart TMS.
1.9. "Applicable Rate" is the cost per session as quoted on the Smart TMS website (smarttms.co.uk).

2. OBLIGATIONS AND WARRANTIES

2.1. Clinician’s Qualification: Smart TMS ensures that any Clinician invited to perform treatments is registered with the GMC and holds appropriate private practice indemnity insurance.
2.2. Clinician’s Responsibility: All Clinicians are responsible for maintaining their registration and medical indemnity insurance.
2.3. Independent Clinicians: All Clinicians introduced to patients are self-employed and make their own clinical decisions. Smart TMS acts as an agent in collecting their fees.
2.4. No Liability for Treatment: The Patient agrees not to hold Smart TMS liable for any aspect of the treatment carried out by the Clinician.
2.5. Patient Information Review: The Patient agrees to read and understand the Patient Information provided, including the potential risks and benefits of the proposed Procedure.

3. PATIENT'S OBLIGATIONS

3.1. Acceptance of Treatment: This contract is conditional upon the Patient's acceptance by the Clinician based on the information provided during the Consultation. The Clinician has the discretion to decide whether treatment will proceed.
3.2. Payment for Consultation: Fees for the Consultation must be paid in advance. These fees are non-refundable.
3.3. Payment for Treatment: Payment for treatment must be received at least 7 days before the Procedure. If treatment is booked within 7 days, payment must be made at the time of booking.
3.4. Accurate Health History: The Patient agrees to provide accurate, complete, and truthful health history. Failure to do so could result in cancellation of the Procedure with no refund. Any changes in medical history must be promptly communicated to Smart TMS and the Clinician.
3.5. Minimum Age for Treatment: The minimum age for any Consultation or Procedure is 16 years.

4. GENERAL OBLIGATIONS

4.1. Appointment Changes: Smart TMS reserves the right to alter the Patient’s appointments, although changes will be avoided whenever possible. The Patient agrees that no consequential loss will be payable for short-notice cancellations.
4.2. Understanding of Terms: By accepting these Terms and Conditions, the Patient acknowledges that they have been provided with adequate information about the Treatment, including the risks and benefits. The Patient must sign a Treatment Consent Form before Treatment begins.
4.3. Consent Form: Both the Patient and Clinician must agree to a Treatment Consent Form prior to treatment.
4.4. Patient Safety: In the interest of patient safety and welfare, Smart TMS reserves the right to cancel or postpone treatment.

5. RESCHEDULING / CANCELLATIONS

5.1. Rescheduling Fee: An administration fee applies for rescheduling:

• 7 days or more notice: £250
• 6 days or less notice: £500

5.2. Cancellation Fees:

• 8 days or more before treatment: 25% of total Cost.
• 7 days or less before treatment: 75% of total Cost.
• Booked within 7 days: 50% of total Cost.

5.3. Cancellation Due to Side Effects: Cancellations due to intolerable side effects or upon the Clinician’s recommendation will result in a refund for treatments not yet administered.

6. CONSULTATIONS

6.1. Tele-Psychiatry: Smart TMS uses tele-psychiatry (video consultations) to assess and review patients, in line with GMC and Royal College of Psychiatrists guidelines.
6.2. Consent to Tele-Psychiatry: The Patient consents to the use of tele-psychiatry for consultations.

7. COMPLAINTS

7.1. Complaints Procedure: Patients can request details of the complaints procedure from any Smart TMS Operator. If the Patient has a complaint, we encourage them to discuss it directly with a Smart TMS representative. If no resolution is found, Smart TMS may refer the complaint to independent mediation, and both parties agree to be bound by the outcome. Smart TMS will fund the mediation process.
7.2. Access to Medical Records: All medical records will be provided at a cost of £50.

8. CONFIDENTIALITY

8.1. Confidentiality Agreement: Smart TMS agrees to maintain the confidentiality of all matters relating to the Patient’s treatment, except where disclosure is required by law, regulatory authorities, or when the Patient waives confidentiality explicitly or implicitly.
8.2. Consent to Disclosure: The Patient consents to the sharing of their personal and medical information with relevant members of medical staff, including for collaborative care and, if applicable, with the NHS Foundation Trust.
8.3. Medical Record Access: Patients can request access to their medical records. A fee of £50 applies for this service.

9. JURISDICTION

9.1. Governing Law: The laws of England and Wales will apply to these Terms and Conditions. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

10. GDPR COMPLIANCE

10.1. Personal Data Collection: Smart TMS collects personal data provided by patients during consultations and enquiries, including medical history, in accordance with GDPR.
10.2. Medical History Consent: By submitting an enquiry or undergoing treatment, the Patient provides explicit consent to Smart TMS for collecting and processing their medical history for the purpose of treatment and follow-up care.
10.3. Marketing Communications: The Patient has the option to opt-in to receive marketing communications. If the Patient wishes to opt out, they can do so by:

• Contacting Smart TMS directly.
• Clicking the unsubscribe link in any marketing emails.

The Patient retains the right to update their marketing preferences at any time.