Contractual Terms and Conditions

 

  1. The Parties are the Patient (set out on in the document) and Well Health Pro (including Cilliers & Swart Physiotherapist Inc Cilliers, Swart & Associates Inc, Wessels Swart Physiotherapy Incand R Cilliers Physiotherapy Inc or any of its subsidiaries) hereafter referred to as WHP.
  2. The Patient agrees that the terms and conditions set out herein will form the basis of an agreement between the Patient and WHP.
  3. The Patient agrees he/she shall be personally liable in respect of any accounts raised by WHP. The Patient further acknowledges that the full and final amount payable in respect of any accounts levied by WHP shall, at all times, remain the sole responsibility of the Patient (or his/her parent or legal guardian in the instance of a minor child receiving any treatment). Your account will be sent to the medical aid electronically. It remains your responsibility to claim from the medical aid and make sure that they have received the account and will process it for further payment.
  4. The Patient hereby contractually binds himself/herself to attend to payments of all accounts levied by WHP and agrees that WHP may raise an account for appointments not attended by the Patient which have not been cancelled by the Patient at least 2 business hours prior thereto.
  5. It remains the responsibility of the Patient to ensure that the account of WHP reaches his/her Medical Aid Fund timeously and that the Membership details and information on the account raised by WHP are correct. In the event of any details being incorrect. Please advise the accounts department at WHP so that an amended account may be issued.
  6. The patient undertakes to make all payments to WHP within 30 days of the Patient’s account being due.
    7. All payments due to WHP shall be forwarded to Cilliers & Swart Physiotherapy at 526 Windsor Road, Garsfontein, Pretoria, 0081.
  7. Any discount which WHP may have granted to the Patient shall be forfeited by the Patient if any payment is not made to WHP on the due date.
  8. The Patient agrees that interest shall be payable on any outstanding amounts due to WHP at a maximal rate, allowed by the law, at the date that the Patient’s account has been raised until the date of final payment, irrespective of whether the account was submitted to the Patient’s Medical Aid Fund timeously or not. The rate is set out by the National Credit Act 34 of 2005 and will be the same rate used by the National Banks for unsecured credit transactions.
  9. The Patient has familiarized himself/herself with his/her Medical Aid benefits and limits in respect of physiotherapy treatments.
  10. The Patient shall be liable to WHP for all legal expenses including collection costs and legal fees on an attorney-client scale in the event of WHP incurring any legal expenses as a result of Patient’s non-payment.
  11. The Patient agrees that WHP shall not be obligated to furnish security in terms of Rule 62 of the Rules of the Magistrate’s Court in the event of instituting action against the WHP arising out of this agreement.
  12. The Patient agrees that any relaxation of WHP’s rights in terms of any indulgence whatsoever by WHP shall not affect the provision of this agreement or any of the rights of WHP in terms hereof. No such an indulgence shall constitute a waiver by the WHP in respect of any of WHP’s rights herein.
    14. For all legal purposes, this agreement shall be deemed to have been concluded in Pretoria.
  13. The Patient chooses his/her home address set out; at which address all notices and legal proceedings in respect of this agreement or in relation to any action arising hereunder may be effectually delivered and served on the Patient. The Patient may change his/her address from time to time by advising WHP in writing of such change.
  14. This agreement shall become binding on the parties as at the date of treatment by WHP of the Patient.
  15. The Patient’s outstanding account shall become due and payable immediately in the event of the insolvency of the Patient, or if the Patient commits insolvency.
  16. WHP shall be entitled to cede or pledge its interests herein or to trade therewith at its own discretion without the consent of the Patient. It may also in rem suam discharge or release any security partly or in full without the consent of the Patient or consent to any alteration, release, relaxation or postponement of the terms hereof and such actions shall not be binding on WHP in any may whatsoever unless it has indicated that such action shall be binding.
    19. The patient agrees that no act of relaxation, indulgence or grace on the part of the Creditor shall in any way operate as, or be deemed to be a waiver by WHP on any of WHP’s rights under this agreement.
  17. Any certification issued under the signature of WHP or its duly authorized agents that purports to certify the amount due hereunder shall be accepted as prima facie proof of such indebtedness and shall have sufficient probative value to enable WHP to obtain summary judgement or provisional sentence against the Patient in any competent court for the amount stated in such certificate, and the Patient accepts the onus of disapproving the amount so stated as not being the amount owing.
  18. The patient agrees that no agreement purporting to vary any of the terms and conditions hereof shall be any force and effect unless such agreement is in writing and signed by a representative of WHP or its Attorney and the Patient.
  19. Should legal action be instituted against the Patient by WHP in terms of his/her outstanding account with WHP, the Patient verifies that he/she is aware of the provisions contained in Section 129 of the National Credit Act 34 of 2005. Namely, that he/ she may refer a Credit Agreement of this matter to a debt counsellor, alternative dispute resolution agent, consumer court or ombudsman with a jurisdiction herein, should the Patient have the intent to resolve by way of Agreement between the Parties in order to bring the payment in terms of this Agreement for services rendered by WHP up to date.
  20. The patient hereby expressly renounces the benefits of the non causa debiti, the errore calculi, the revision of accounts, no value recorded and if there is more than one patient/debtor, the division et divisionis reisdebendi, or de duobus vel pluribis reis debendi.
  21. In the event that a business is liable to pay the account of WHP, the Patient binds himself/ herself as surely in favour of WHP in respect of the due performance due by such business in obligation to repay WHP.
  22. Please contact our account department for special agreements regarding payments.
    a. The patient will receive a statement from WHP’s account department on a monthly basis and the Patient agrees to settle his/her account with
    b. WHP in full at the end of each month. Payments to WHP can be made in cash, internet bank transfers or credit card.
    c. Interest will be payable by the Patient after 30 days to WHP of the electronic submission of the Patient’s claim to the Medical Aid.
    d. Please contact WHP’s account department for special arrangements regarding payments.
  23. The Patient gives consent for the removal of any clothing necessary for effective treatment by WHP representative.
  24. The Patients gives consent for personal details and account to be faxed/emailed to the Medical Aid Funds, Attorneys and third parties required to perform our duties included but not limited to third party billing companies.
  25. The Patient gives the understanding that the physiotherapist as well as the format of treatment may change at any time necessary.
  26. The Patient accepts that WHP may contact you via any electronic means to improve the service delivering or provide health education.
  27. The Patient acknowledges that entering the premises or its immediate surrounding, including outside parking, may hold the inherent risk of loss and theft. The patients enter the said property and surroundings entirely at my own risk and that I shall have no claim against the company or any of its employees, agents or mandatories for any loss, damage or injury whether such loss, injury, accident or damage is a result of any negligent act or omission on the part of the company or any of its employees, agents, mandatories or independent contractors.
  28. I hereby acknowledge that will be required to provide my information to Madcor Pty t/a Physiobilling to the extent that is required to administer, claim and bill my account, as determined by the third-party administrator.

 

Website Disclaimer

 

The images, logos and names on this website which identify Well Health Pro or their subsidiaries (hereinafter referred to as Well Health Pro) or third parties and their products and services are proprietary marks of Well Health Pro and/or the relevant third parties. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of Well Health Pro or any third party with respect to any such image, logo or name.

Information contained in this website should not in any way be used to replace professional assessment and advice. We advise you to always seek out the appropriate medical or physiotherapy consultant in person. Information is supplied for general conditions and can never be imitated before a full medical assessment has taken place.

Whilst with our best efforts we have endeavoured to provide all information as accurate as possible on this website, we do not give any guarantee of the accuracy or completeness of the content. All content distributed on this website are an information source only on matters of interest. One should always consult by appointment, a qualified physiotherapist or medical professional to treat or give advice in any type of injury, ailment or problem area. All information on this site are subject to change without notice.

The exercises and other advice described are not suitable for everyone. You should not begin any exercise routine without consulting a qualified health practitioner, particularly if you are pregnant, nursing, elderly, or if you have any chronic or recurring conditions. Any application of exercises suggested is at the reader’s sole discretion and risk. Well Health Pro accepts no responsibility or liability for any loss or injuries caused directly or indirectly through the performing of any exercises given within this website or associated material produced by Well Health Pro. The authors of any information associated with Well Health Pro do not guarantee that any recommended exercises will work, or that you will produce benefits for yourself.

Well Health Pro make no representations, statements or warranties about the completeness, accuracy or the results obtained from the use of any material contained in this website or any website you may access through this website. We provide links to other sites for your convenience only and we take no responsibility for the accuracy, information or results obtained by you upon visiting those sites, nor of viruses, worms or other related technical issues that may affect the user who does not have appropriate precautions in place to protect their computer/s and software. We hereby disclaim all responsibility and all liability without limitation for any expenses, losses, damages and costs you may incur as a result of the material published on this website or any linking website.

 

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