Last Revised: 02-January-2022
When you interact with the Platform, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you use the Platform, we may collect information about the individual web pages that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform. We refer to this automatically collected information as "Device Information."We collect Device Information using the following technologies:
Additionally, we may collect certain personal information that you provide to us or Client(s) via the Platform from time to time, such as your name or email address.
You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Platform.
We and our service providers use personal information for our legitimate business purposes, including those specifically described below. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation and/or because we have a legitimate business interest.
We use the personal information that we collect generally to fulfill any requests made through the Platform. Additionally, we use personal information to communicate with you, personalize your experience on the Platform, and, when in line with the preferences you have shared with us, provide you with information or advertising relating to Wolf and/or Client(s), which may include their products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Platform (for example, by generating analytics about how our users browse and interact with the Platform.
Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Platform you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from us, you may opt-out by emailing us at email@example.com. If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from a third party (including Client(s)), you are responsible for contacting the third party directly.
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject, or as advisable in light of legal requirements.
We use administrative, technical and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information to us.
The Platform is not intended for individuals under 18 years of age. We do not knowingly solicit information from or market to individuals under 18 years of age. If you become aware of any data we have collected from individuals under 18 years of age, please contact us using the contact information provided below.
Under the California Consumer Privacy Act of 2018 ("CCPA"), Wolf is a "service provider" of the applicable Client(s), which may be a "business" covered by the CCPA. As a "service provider", Wolf processes your personal information in order to provide its services to the Client(s), and in order to facilitate your interactions with the Client(s). To learn more about rights that you may have under the CCPA, such as the right to request information about the types of your personal information that has been collected, the right to request that your personal information be deleted, and the right to opt-out of the sale of your personal information, please contact the applicable Client(s).
Wolf and the Platform comply with the CCPA and other applicable laws. If you'd like to make a request to Wolf regarding your personal information, please contact us by e-mail at firstname.lastname@example.org, and we will try to accommodate your request unless we are prevented from doing so as a result of applicable law or a significant legitimate interest of Wolf. Please also note that, depending on the nature of your request, the fulfillment of your request may hinder or prevent Wolf's ability to provide you with certain features and functionalities of the Platform.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below:
One Wolf Inc., 450 Lexington Avenue, New York, NY 10017
Rocket Locums Ender User License Agreement/ Terms of Service
(Last Modified May 22, 2022)
IMPORTANT: BY USING THE SERVICE AND/OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND THESE TERMS OF SERVICE (AS MAY UPDATED FROM TIME TO TIME). SHOULD YOU NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD DISCONTINUE USE.
The site, www.rocketlocums.com (the “Site”), is owned and operated by Rocket Locums, LLC (“Rocket Locums,” “we,” or “our”). To access and enjoy the Service, you must agree to the Terms of Service and acknowledge that you are entering into a legally binding contract with us. If you do not agree to the Terms of Service, you should not use the Service. You should not access or use this Site until you have carefully read and agreed to these terms and conditions. In addition to these Term of Service (“Terms”), Professionals and Clients will have additional terms.
Rocket Locums provides an online platform linking healthcare professionals seeking to provide professional services (the “Professional Services”) and healthcare organizations seeking to engage healthcare professionals to perform Professional Services. “User,” “Users,” “you,” or “your” refer to all persons who access or use the Site, including but not limited to Professionals and Clients. “Professionals” refers to healthcare professionals, including but not limited to physicians and nurses, who registered with Rocket Locums to provide Professional Services. “Client” or “Clients” refer to those healthcare organizations that seek to engage Professionals to provide Professional Services for the Clients.
The Terms govern the permitted and prohibited access to and uses of the Site and the respective rights of Rocket Locums and the Users with regard to the Site. Rocket Locums provides you with access to and use of the Site subject to your compliance with the Terms. The provisions contained herein supersede all previous notices or statements regarding our Terms.
By visiting the Site, you and other Users agree to the Terms. If you do not agree to the Terms, you may not access or use the Site. We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit the Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms and will indicate the date they were last revised by the posted Effective Date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Terms of Service to determine if there have been changes to these Terms and to review such changes.
You agree to comply with all applicable laws, rules and regulations in connection with your access and use of the Site.
Effective Date: May 22, 2022
User Age and Access
By submitting information through the Site you represent that you are a United States resident over the age of 18.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Rocket Locums, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally transmit via the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Rocket Locums, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rocket Locums.
The Rocket Locums and Rocket Locums name and logos are trademarks and service marks of Rocket Locums (collectively the “Rocket Locums Trademarks”). Other Rocket Locums, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Rocket Locums. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rocket Locums Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Rocket Locums Trademarks will inure to our exclusive benefit.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
You may be required to register with the Site in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and to update your information as necessary to keep it accurate, current, and complete. As a registered user of the Service, you are responsible for any uses that are made of your account.
Specific Prohibited Uses.
The Site may be used only for lawful purposes. You are solely responsible for all communications of whatever type you hold or any content of any kind that you transmit via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Rocket Locums (“Prohibited Uses”). This list provides examples of Prohibited Uses and is provided by way of example and shall not be considered exhaustive. Rocket Locums reserves the right to investigate and take appropriate action against anyone who, in Rocket Locums’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities. You agree to not use the Service or any other services that are made available through the Service to:
transmit any content that (i) publicly infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Rocket Locum, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Rocket Locum or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service to violate any third-party rights or any third party’s terms and conditions of service;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
accessing data not intended for you or logging into a server or account that you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
attempt to do any of the foregoing.
Monitoring Use of Service
You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any content, but we have the right to do so: (a) for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, enforcing our reasonable use policy below, investigation and customer support purposes): (b) to ensure your compliance with the Terms of Service; (c) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Service or otherwise harmful to the Service. In order to protect the integrity of the Service, we also reserve the right at any time in our sole discretion to block users using any technologically available measures available in our sole discretion from accessing and using the Service.
Disclosure to Law Enforcement
You acknowledge and agree that we may preserve content and may also disclose conversations, texts or other content (including but not limited to call logs and phone number records) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests, provided, however that we will make an effort to notify affected users of any such disclosure unless prohibited from doing so by applicable law or valid legal process as determined in our sole good faith. Furthermore, we may preserve content to: (a) enforce these Terms of Service; (b) respond to claims that content violates the rights of third parties; or (c) protect the rights, property, or personal safety of Rocket Locums, its users and the public. You understand that the technical processing and transmission of the Service, including your conversations, texts, or other content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that Rocket Locums provides Users with a valued service in presenting Professionals to Clients and that such solicitation harms Rocket Locums’s business. To the extent consistent with applicable state law, Professionals shall not solicit or accept either a temporary engagement or permanent position directly with a Client, or an Affiliate of a Client, that was the subject of an Introduction to such Professional for a period of one (1) year after the date of the Introduction unless Client pays Rocket Locums a Reassignment Fee, as defined in each Client’s agreement with Rocket Locums. For purposes of this Section, an “Affiliate” of a Client includes, but is not limited to, an organization or person that has any form of direct or indirect business relationship with such Client, any entity comprised of one or more owners of such Client, or any successor to or assignee of such Client. For purposes of this Section, an “Introduction” shall be deemed to have occurred when a Professional has initiated contact with a Client and when a Client has initiated contact with a Professional through the Rocket Locums platform, regardless of whether there is a response to the initiated contact and regardless of whether the contact or any response is initiated or conducted through the Site or otherwise. In the event that there is any conflict or inconsistency between this Section and the terms and conditions contained in the Professional Terms or another agreement between an individual Professional and Rocket Locums, the Professional Terms as applicable or such other agreement as applicable shall control.
We control and operate the Site from facilities in the United States, and all information is processed within the United States. We do not represent that Materials on the Site are appropriate or available for use in other locations. Users who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Links from and to the Site
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Rocket Locums in any way and Rocket Locums is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Rocket Locums’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Rocket Locums be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. Rocket Locums reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users. Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link and to require termination of any such link to the Site, at our discretion at any time.
Representation and Warranty; Indemnity
You represent and warrant to Rocket Locums that any information or materials You post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or violate any other rights of any third party. You agree to defend, indemnify and hold Rocket Locums, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use or misuse of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES REGARDING SITE
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ROCKET LOCUMS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ROCKET LOCUMS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ROCKET LOCUMS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ROCKET LOCUMS IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES THAT IS WITHOUT THE DIRECT INVOLVEMENT OF ROCKET LOCUMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROCKET LOCUMS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ROCKET LOCUMS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ROCKET LOCUMS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Severability; No Waiver
If any provision of these Terms is held to be contrary to law, such provision shall be deemed valid only to the extent permitted by law, and all other provisions shall continue in full force and effect. Rocket Locums’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall Rocket Locums’s waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default.
These Terms are enforceable pursuant to and in accordance with the laws of the State of Texas. Any dispute arising out of these Terms shall be decided by a court of competent jurisdiction in Brazos County, Bryan, Texas.
Successors and Assigns; No Assignment
These Terms shall be binding upon, and shall inure to the benefit of, Rocket Locums and the Users and their respective heirs, legal representatives, successors and assigns.
The subject headings of the sections of these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
Subject to the mediation requirement below, except as prohibited by law, any dispute between Rocket Locums and a User (or between Rocket Locums or a User, on the one hand, and any officer, director, employee or affiliate of Rocket Locums or a User, on the other hand) shall be resolved through binding arbitration in Brazos County, Bryan, Texas under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent Rocket Locums or a User from filing charges with state or federal agencies. By using the Site, you agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of Rocket Locums or a User’s right to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
Prior to filing any arbitration demand, the parties agree to first attend a mediation conducted at JAMS in Bryan, TX with a single agreed upon JAMS or AAA- approved mediator. The mediator’s expenses shall be split evenly between User and Company.
Consent to Processing
By providing any personal information to the Site, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to Rocket Locums at the address below.
You agree that no joint venture, partnership, employment, or agency relationship exists between Rocket Locums and you as a result of these Terms or your use of the Site.
Time to Bring Claims
Any claim or cause of action you may have with respect to Rocket Locums or the Site must be commenced within one (1) year after the claim or cause of action arose.
Notices to Users may be made via either email or regular mail.
Contacting Rocket Locums.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to Rocket Locums, please click the “Contact Us” link on the website.
Effective Date: May 22, 2022
Each professional agrees to the public terms on Rocket Locums’s website (“Terms”), which are modified from time-to-time. The below Professional Terms of Service (the “Professional Terms”) are additional terms by and between Rocket Locums and each Professional. For the avoidance of any doubt, capitalized terms not otherwise defined herein shall have the meanings given to them in the Terms.
Account Registration and Suspension
To accept Engagements (defined below) through the Site, Professional shall have registered an account with Rocket Locums through the Site. Professional may suspend his or her account at any time using the account settings page or by contacting Rocket Locums using the “Contact Us” link on the website provided that Professional has no outstanding Service Contracts (as defined below). Rocket Locums may suspend Professional’s account at any time with notice to Professional. If Professional’s account is suspended, such account will no longer appear on the Site as visible to the public, but such suspension will not terminate these Professional Terms or any outstanding Offer or Service Contract (defined below).
Professional may from time to time accept engagements presented to him or her through the Site to perform Professional Services for Clients (each, an “Engagement”) either as a Locums or as a regular hire. For each Engagement, the Professional and a Client shall be responsible for determining, as applicable (i) Professional’s fees for his or her Professional Services (the “Provider Fees”) and any travel and lodging expenses, (ii) Professional’s work schedule and coverage assignments, (iii) malpractice insurance coverage and (iv) other details related to the Professional Services, all of which shall be set forth in an offer presented either to Professional by Client or from the Client to the Professional (the “Offer”). To facilitate an Offer by a Client or the Professional, Rocket Locums may suggest potential matches. Such potential matches may include a listing of a Provider Fee associated with Professional. The Professional may be allowed to provide such a listed Provider Fee.
For purposes of these Professional Terms, “Service Contract” means the binding agreement established between Client and Professional upon acceptance of the Offer. Professional agrees that a Service Contract is created when the Offer is accepted – electronic or otherwise. Where the Professional has otherwise delegated user access to another individual, Professional further agrees that such a user has authority to enter into such a Service Contract on behalf of the Professional.
Professional hereby acknowledges that (i) Rocket Locums is not collecting, exacting, charging or receiving a fee, in cash or in kind, from Professional for procuring, or attempting to procure, or assisting to procure employment, work or a situation of any kind for Professional, (ii) Rocket Locums may direct Professional to Clients that have requested that they be regularly introduced to professionals with qualifications like Professional’s, and (iii) Rocket Locums may promote Professional to Clients, even if such Clients have not posted job listings for applicants similar to Professional.
For Engagements, Professional shall prepare and submit to Rocket Locums through the Site such complete, timely, accurate and legible documentation as may be requested by Rocket Locums to reflect the performance of the Professional Services in such form and containing such detail as requested by Rocket Locums in accordance with the Rocket Locums Policies (as defined below) and applicable Laws (as defined below). Rocket Locums shall use such documentation to report a time sheet for Professional (the “Time Sheet”) to a corresponding Client.
Professional agrees to be paid via a secure electronic bank transfer system known as the automated clearing house (ACH). Rocket Locums uses a service from Plaid to connect Professional and Client bank accounts and a service from Stripe to facilitate the transfers between Professional and Client. In accepting these terms and conditions, Professional also agrees to applicable terms and conditions by Plaid and Stripe.
Rocket Locums shall arrange for Professional Time Sheets to be reported to a Client. Once a Time Sheet is verified by a Client, funds can be transferred into Professional’s bank account Payments shall be made to Professional within fourteen (14) days of such Client’s approval of the Time Sheet.
Professional acknowledges that payment is being made directly by the Client through Stripe’s payment processing platform to Professional. Professional acknowledges that payment is not routed through Rocket Locums. If a Client fails to meet financial obligations for Professional Services performed by Professional, Physician acknowledges that Rocket Locums is in no way responsible. Professional acknowledges that his or her sole recourse concerning such payment is through Client.
Rocket Locums Professional Liability Coverage
Rocket Locums offers occurrence-based medical malpractice insurance to cover the Professional Services rendered by Professionals on behalf of Clients pursuant to these Professional Terms and any Service Contract (the “Rocket Locums Professional Liability Coverage”). The Rocket Locums Professional Liability Coverage shall be provided through the Rocket Locums group policy and shall be with limit amounts of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate. Notwithstanding any professional errors and omissions coverage that may be available, Professional shall hold Rocket Locums and Clients harmless from the same. Rocket Locums’s obligation to arrange for the Rocket Locums Professional Liability Coverage for Professional is conditional upon (i) Professional’s cooperation in completing, verifying and providing accurate and complete underwriting and licensing information to Rocket Locums and (ii) a Client’s election to make its own arrangements to provide Professional with professional errors and omissions coverage. Rocket Locums will not provide any other insurance coverage including, but not limited to, any workers compensation insurance, general liability insurance or any other insurance other than the Rocket Locums Professional Liability Coverage.
Relationship of Professional and Rocket Locums
Professional understands that Rocket Locums is providing a service to Professionals and Clients by, among other things, initially matching such a Professional and Client for a Service Contract and then facilitating payment parameters of such a Service Contract. In providing such a service, Professional understands that he or she is operating as an independent contractor of a Client – not of Rocket Locums.
Rocket Locums shall neither have nor exercise any control or direction over the professional judgment, decision-making, or methods by which Professional performs Professional Services. As an independent contractor of a Client, Professional shall be responsible for his or her own medical decisions and actions and shall indemnify Rocket Locums and hold Rocket Locums harmless from any and all claims, damages, losses, liabilities, settlements, attorneys’ fees and expenses (collectively “Claims”) not covered by Professional’s professional liability insurance coverage that are incurred by Rocket Locums arising out of, in connection with, or as a result of Professional rendering or failing to render Professional Services, including Claims that Professional’s negligence, in whole or in part, caused the loss.
These Professional Terms are not intended to create, nor shall be deemed or construed to create, any relationship between Professional and Rocket Locums other than that of independent parties contracting with each other for the purpose of effecting the provisions of these Professional Terms. Professional agrees that he or she (i) is an independent contractor (not an employee or other agent) solely responsible for the manner in which he or she performs the Professional Services, (ii) is solely responsible for all taxes, withholdings and other statutory, regulatory or contractual obligations of any sort, and (iii) is not entitled to participate in any employee benefit plans, group insurance arrangements or similar programs of Rocket Locums. Rocket Locums does not pay or provide for social security, workers compensation, unemployment insurance, or health insurance with regard to Professional and shall not be responsible for withholding for, or contributing to, employment taxes or benefits of any type for Professional.
A Form 1099 will be issued to Professional for income reporting purposes for Engagements. The 1099 will be issued by Client – not Rocket Locums.
Professional shall not be required to subscribe for any publications or incidental services or contribute to the cost of Rocket Locums’s advertising. To the extent Professional fails to be credentialed and/or fails to obtain the necessary privileges in question, for any reason, Rocket Locums shall have no obligations to Professional as set forth herein. Rocket Locums shall not be responsible for a Client’s failure to properly credential and/or provide privileges to Professional for any reason.
Professional Standards and Qualifications
Professional shall comply with (i) all policies, procedures and guidelines of Rocket Locums (the “Rocket Locums Policies”), each as may be adopted or amended by Rocket Locums from time to time; (ii) all federal, state and local laws, regulations and orders (collectively, the “Laws”) applicable to these Professional Terms, any Service Contract, and the Professional Services; and (c) all standards of the applicable licensing boards, certifying authorities or professional specialty boards having jurisdiction from time to time over the Professional (collectively, the “Boards”).
As appropriate, Professional (i) is and shall remain licensed to practice medicine in the states in which from provides Professional Services, (ii) has and shall maintain an unrestricted federal Drug Enforcement Administration registration and (iii) has and shall maintain any and all other licenses, permits, registrations, or other certifications as required by applicable Laws to provide the Professional Services.
In providing the Professional Services, Professional shall exercise the degree of skill, diligence and knowledge normally possessed by members of the same profession in the states in which Professional provides the Professional Services and conform to the standards of care of such states.
Professional shall not use illegal drugs or perform the Professional Services while impaired by alcohol or any chemical substance or an illness or condition that would materially impact Professional’s ability to provide Professional Services.
Professional shall remain eligible for professional errors or omissions coverage for the Professional Services.
Representations and Warranties
Professional represents, warrants and covenants that, except as provided to Rocket Locums in writing, the following are true as of the Effective Date and remain true until these Professional Terms have been terminated pursuant to its terms.
Professional has never had a license, permit, registration, or other certification relevant to Professional’s provision of professional services in any state suspended, revoked or restricted;
Professional has never been reprimanded, sanctioned or disciplined by any licensing boards, certifying authorities or professional specialty boards having jurisdiction from time to time over Professional;
Professional has never been excluded or suspended from participation in, or sanctioned by, any Government Health Care Program or other third party payor programs;
Professional has not been denied membership and/or reappointment to the medical staff of any hospital or health care facility, or had such medical staff membership or clinical privileges suspended, limited, or revoked for a medical disciplinary cause or reason; and
Professional is eligible for professional errors or omissions coverage.
Professional shall notify Rocket Locums in writing immediately upon the occurrence of any one or more of the following events:
Professional is aware of any threatened, pending or final suspension, revocation, limitation, restriction or disciplinary action taken by a Board that has jurisdiction over him or her;
Professional uses illegal drugs or performs the Professional Services while impaired by or under the influence of any chemical substance;
Professional violates the Rocket Locums Policies or Laws;
Professional is suspended, excluded or otherwise ineligible to participate in one or more Government Health Care Programs or other third party payor programs; or
Professional is denied membership and/or reappointment to the medical staff of any hospital or health care facility, or has such medical staff membership or clinical privileges suspended, limited, or revoked for a medical disciplinary cause or reason.
Billing and Collections
All fees billed by Clients for Professional Services rendered by Professional pursuant to an Engagement shall be and remain the property of such Clients. Clients shall have the sole and exclusive right to bill and collect from any and all third-party payors, including Government Health Care Programs, for all Professional Services rendered by Professional while providing Professional Services for such Clients pursuant to an Engagement. Professional hereby irrevocably reassigns to Clients, as applicable, all receivables and collections with respect to the Professional Services. Professional shall comply with all Laws pertaining to Government Health Care Program billing and reimbursement and all requirements of any third-party payors contracting with Clients. Professional shall prepare, execute and deliver to Clients such assignments and/or other documents as may be requested by Clients and necessary or appropriate to effectuate the intent of this Section 10, including, without limitation, Form CMS-855R.
Professional acknowledges and agrees that Rocket Locums has provided to Professional a valued service in presenting Professional to Clients. In return, to the extent consistent with applicable state law, Professional shall not solicit or accept either a temporary engagement or regular position directly with a Client, or an Affiliate of a Client, that was the subject of an Introduction to Professional for a period of two (2) years after the date of the Introduction unless Professional has provided Rocket Locums with written notice at least fifteen (15) business days before Professional provides such services to Client or its Affiliates. For purposes of these Professional Terms, an “Affiliate” of a Client includes, but is not limited to, an organization or person that has any form of direct or indirect business relationship with such Client, any entity comprised of one or more owners of such Client, or any successor to or assignee of such Client. For purposes of these Professional Terms, an “Introduction” shall be deemed to have occurred when Professional or a Client has initiated contact with the other through the Rocket Locums platform, regardless of whether the other responds and regardless of whether such contact occurred through the Site or otherwise.
Termination of Professional Terms
Either Rocket Locums or Professional may terminate these Professional Terms upon thirty (30) days prior written notice to the other party (i) if Professional is not currently providing services pursuant to a Service Contract or (ii) as of the last day of any remaining Service Contract.
Rocket Locums may terminate these Professional Terms immediately, and shall promptly notify Professional of such termination, if there is no Service Contract outstanding and Professional violates (i) Rocket Locums’s Terms, or (ii) the section concerning Professional Standards and Qualifications, the section concerning Representations and Warranties, or the section concerning Notifications of these Professional Terms.
Upon any termination of these Professional Terms, Professional’s account with Rocket Locums shall automatically be suspended and all rights and obligations of the parties shall cease except: (a) those rights and obligations that have accrued and remain unsatisfied prior to the termination of these Professional Terms; and (b) those rights and obligations that expressly survive termination of these Professional Terms.
Revocation of Offer; Termination of Service Contract
Rocket Locums, Client or Professional without Cause. Rocket Locums, Client or Professional may revoke an Offer or terminate the resulting Service Contract (i) without cause prior to the scheduled provision of Professional Services pursuant thereto or (ii) pursuant to the terms of such Service Contract. If Professional terminates a Service Contract without cause within ten (10) calendar days prior to the commencement of Professional Services under such Service Contract, Professional shall be liable to Rocket Locums and/or Client for all damages, including costs, losses, and prejudice, incurred by either Rocket Locums or Client due to Professional’s termination. Such damages may include costs to Rocket Locums or Client of finding a replacement for Professional and amounts incurred by Rocket Locums in processing Professional’s Services, not to exceed $15,000. If Rocket Locums is deemed the prevailing party in an action to enforce its rights under this Paragraph, it may recover its expenses (including reasonable attorneys' fees) incurred in connection with the action and any resulting appeal.
Effect of Revocation or Termination. Upon revocation of the Offer or termination of the resulting Service Contract for any reason, all rights and obligations of Rocket Locums, Client and Professional shall cease except: (i) those rights and obligations that have accrued and remain unsatisfied prior to the revocation of such Offer or termination of such Service Contract; (ii) those rights and obligations that expressly survive termination of such Service Contract; and (iii) as provided in Rocket Locums’s Terms, the Client Agreement or these Professional Terms. For the avoidance of doubt, Rocket Locums shall have no obligation to replace Professional upon termination of an Offer or Service Contract.
Health Insurance Portability and Accountability Act
Rocket Locums and Professional acknowledge that the performance of Rocket Locums’s obligations under these Professional Terms and any Service Contract does not involve the use or disclosure of protected health information, as defined in 45 C.F.R. § 160.103 (“PHI”). Rocket Locums does not create, receive, maintain or transmit PHI on Professional’s behalf. Consequently, Rocket Locums and Professional hereby agree that Rocket Locums is not a “business associate” of Professional for purposes of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder.
In addition to any other obligation of Professional otherwise to provide indemnification, Professional agrees to indemnify and hold harmless Rocket Locums, its directors, officers, employees, agents and affiliates from and against any and all Claims arising out of or resulting from any act or omission of Professional, including without limitation (i) execution of these Professional Terms, a Service Contract or performance of an Engagement by Professional, (ii) any breach of these Professional Terms, a Service Contract by Professional; or (iii) Professional rendering or failing to render Professional Services, including Claims arising out of or resulting from Professional’s negligence or willful or reckless misconduct, in whole or in part, without regard to whether or not such Claims are covered by professional liability insurance.
Severability; No Waiver
If any provision of these Professional Terms is held to be contrary to Law, such provision shall be deemed valid only to the extent permitted by Law, and all other provisions shall continue in full force and effect. Rocket Locums’ failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall Rocket Locums’ waiver of any breach or default of these Professional Terms constitute a waiver of any subsequent breach or default.
Binding Contract; Governing Law
These Professional Terms are a binding contract between Rocket Locums and Professional that is enforceable pursuant to and in accordance with the Laws of the State of Texas. Any dispute arising out of these Professional Terms shall be decided by a court of competent jurisdiction in Brazos County, Bryan, Texas. Professional
Successors and Assigns; No Assignment
These Professional Terms shall be binding upon, and shall inure to the benefit of, Rocket Locums and Professional and their respective heirs, legal representatives, successors and assigns. Professional shall not assign or subcontract any of its rights, interests, duties, or obligations under these Professional Terms without the prior written consent of Rocket Locums, which consent may be given or withheld in Rocket Locums’s sole discretion, and any attempted or purported assignment in violation of this Section 18 shall be void.
The subject headings of the sections of these Professional Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
ARBITRATION; ATTORNEYS FEES
Disputes will be resolved pursuant to the dispute resolution provisions in the Terms.
These Professional Terms, any Offer, any Service Contract, and the Terms constitute the entire agreement between Professional and Rocket Locums relating to and governing Professional’s use of the Site and Rocket Locums’ relationship with Professional, superseding any prior agreements between Professional and Rocket Locums.
All notices or communications required or permitted under these Professional Terms may be made either via (a) e-mail (in which cases such notice shall be deemed given on the date of delivery), (b) by next business day courier service (e.g., Federal Express, UPS or other similar service) (in which case such notice shall be deemed given on the business day following date of deposit with the courier service), or (c) by United States mail, first class, postage prepaid, registered or certified, return receipt requested (in which case such notice shall be deemed given on the third (3rd) day following the date of deposit with the United States Postal Service). Notice to Rocket Locums shall be delivered to Rocket Locums by clicking the “Contact Us” link on the website. Notice to Professional shall be delivered to the e-mail address or physical address provided by Professional to Rocket Locums from time to time.
Rocket Locums may modify these Professional Terms with notice to Professional. Rocket Locums includes the Effective Date of these Professional Terms at the top of these Professional Terms. Such modifications to these Professional Terms shall take effect,and be binding on Professional thirty (30) days after such notification.
Last Updated: May 22, 2022
In addition to the terms and conditions set forth publicly on the Rocket Locums’s website (“Terms,” which are incorporated by reference), these Professional Terms of Service (the “Client Terms”) are additional terms by and between Rocket Locums and each Client. For the avoidance of any doubt, capitalized terms not otherwise defined herein shall have the meanings given to them in the Terms.
Account Registration and Suspension.
To accept Engagements (defined below) through the Site, Client shall have registered an account with Rocket Locums through the Site. Representatives of the Client will create individual accounts by selecting a username and password and associating such accounts with the Client’s organization. Each representative of the Client must be verified as an employee of the Client by either (a) transmitting a photograph of his or her Client-issued identification badge or (b) receiving an invitation to Rocket Locums from a Client representative who has already been verified as an employee of the Client by other means, including, but not limited to, the mechanism described in (a). Client users may suspend his or her individual account at any time using the account settings page or by contacting Rocket Locums using the “Contact Us” link.
Professional may from time to time accept engagements presented to him or her through the Site to perform Professional Services for Client (each, an “Engagement”) either as a Locums or as a regular hire. For each Engagement, Professional and a Client shall be responsible for determining, as applicable (i) Professional’s fees for his or her Professional Services (the “Provider Fees”) and any travel and lodging expenses, (ii) Professional’s work schedule and coverage assignments, (iii) malpractice insurance coverage and (iv) other details related to the Professional Services, all of which shall be set forth in an offer presented either to Professional by Client or from the Client to the Professional (the “Offer”). To facilitate an Offer by a Client or the Professional, Rocket Locums may suggest potential matches. Such potential matches may include a listing of Provider Fee associated with Professional. The Professional may be allowed to provide such a listed Provider Fee.
For purposes of these Client Terms, “Service Contract” means the binding agreement established between Client and Professional upon acceptance of the Offer. Client agrees that a Service Contract is created when the Offer is accepted – electronic or otherwise. Client further agrees that the user of the website working on behalf of the Client has the authority to enter into such a Service Contract for the Client.
Duties of Client
Selection and Engagement of Professional.
Client may from time to time select Professional introduced to Client through the Site to perform Professional Services on behalf of Client for the rates specified in one or more Orders by submitting to Rocket Locums a completed and fully-executed Order. Client may also search for particular Professionals which want to engage. Client shall exercise independent judgment in assessing the professional qualifications of each Professional it seeks to engage and shall be responsible for credentialing each Professional to determine whether each Professional is qualified by training and experience to perform the Professional Services described on the Order. Client acknowledges that Rocket Locums shall have no control as to the means or the quality of the Professional Services furnished by the Professionals, nor shall Rocket Locums have any right or responsibility for making any determinations regarding the Professional’s service engagements, schedule or practice.
Client, in consultation with the Professional, shall be responsible for determining the Professional’s Fees, as well as for determining the Professional’s work schedule, coverage assignments, schedule, number of hours provided, number of patients served and other requirements related to the performance of the Professional Services by the Professional.
Client shall, as necessary and appropriate, provide to the Professionals (A) a reasonable coverage schedule, (B) reasonably maintained, usual and customary equipment and supplies, (C) a suitable practice environment complying with acceptable ethical and procedural standards and (D) as necessary, appropriately trained support staff, all so as to enable the Professionals to perform the Professional Services in their specialty on comparable terms to other practitioners in the same specialty as the Professional. Client shall provide to the Professionals an orientation of Client’s facility and required policies and procedures.
Client shall use its best efforts to assist the Professionals in timely obtaining any hospital or medical staff privileges necessary for the Professionals to provide the Professional Services on behalf of such Client and shall pay all application fees associated with obtaining such privileges.
Client shall bill for, collect and retain all professional fees generated by the Professional Services rendered by Professionals. Client is responsible for obtaining all necessary documentation to permit it to bill for and collect all professional fees generated by the Professional Services rendered by Professionals, including without limitation Form CMS-855R.
Client may, from time to time, post about opportunities to provide Professional Services on behalf of Client on the Site. Consistent with the Terms, Client shall only post true information pertaining to opportunities that are actually available and shall use commercially reasonable efforts to timely remove posts for opportunities that are no longer available. Client agrees that Rocket Locums may use the information from such postings to match with potential Professionals.
Client shall comply, and shall cause all of their employees and agents to comply, with (i) the Laws applicable to the obligations of Client under the Client Terms and any Order and (ii) the Rocket Locums Policies, each as may be adopted or amended by Rocket Locums from time to time.
Notification to Rocket Locums.
If there are any occupational safety hazards or events involving a Professional engaged by Client pursuant to the Client Terms and any Order, or there is any sentinel event or actual or threatened claim arising out of or relating to the acts or omissions of such Professional, such Client shall provide Rocket Locums with written notice of such claim immediately, and in no event, ten (10) days after such Client knew or reasonably should have known of such claim.
Rocket Locums Professional Liability Coverage
Rocket Locums offers the Rocket Locums Professional Liability Coverage to cover the Professional Services rendered by Professionals on behalf of Client pursuant to the Client Terms and any Order. To the extent that liability under any judgment or settlement regarding the performance of Professional Services by a Professional exceeds these coverage limits, Client shall hold Rocket Locums and the Professionals harmless from the same. Rocket Locums’s obligation to arrange for the Rocket Locums Professional Liability Coverage for any Professional is conditional upon such Professional’s cooperation in completing, verifying and providing accurate and complete underwriting and licensing information to Rocket Locums.
Time Sheets and Professional Fees
Client shall be responsible for verifying the Professional’s Time Sheets on at least a monthly basis. Client shall sign, and remit to Professionals the Professional Fees associated with, each Time Sheet within fifteen (15) calendar days of receipt such Time Sheet.
A signed Time Sheet (electronic or otherwise) by a Client shall indicate such Client’s agreement that the applicable Professional properly provided the Professional Services for the stated hours and that such Client will remit the Professional Fees pursuant to the Client Terms and the applicable Order. If a Client has any questions concerning a Time Sheet, such Client must notify Rocket Locums in writing within three (3) business days of such Client’s receipt of such Time Sheet. If such Client does not provide such notice to Rocket Locums, such Time Sheet shall be deemed accurate and valid.
Client shall cooperate with and assist Rocket Locums in the preparation of a Form 1099, which Rocket Locums shall issue to Professionals on behalf of Client for tax reporting purposes.
Client agrees to be paid via a secure electronic bank transfer system known as the automated clearing house (ACH). Rocket Locums uses a service from Plaid to connect Professional and Client bank accounts and a service from Stripe to facilitate the transfers between Professional and Client. In accepting these terms and conditions, Client also agrees to applicable terms and conditions by Plaid and Stripe.
Client acknowledges that Professional Fees are being made directly to the Physician through Stripe’s payment processing platform. Separately, for services rendered through its platform, Client shall pay Rocket Locums (A) a fee equal to [fifteen] percent (%) of the Professional Fees, plus (B) the portion of the Rocket Locums Professional Liability Coverage premium associated with the Professionals providing Professional Services on behalf of such Client (collectively the “Rocket Locums Fees”). Rocket Locums shall invoice Client for the Rocket Locums Fees on a monthly basis. Client shall pay all undisputed invoices within fifteen (15) calendar days after receipt. Interest shall accrue on any late payments at a rate of one-and-one-half percent (1.5%) per month compounded annually, provided however that such interest shall not be greater than the applicable legal maximum rate of interest if lower.
If a Client has reasonable cause to dispute the accuracy of an invoice, such Client shall promptly, but in any case not later than ten (10) calendar days following the receipt of the invoice, notify Rocket Locums in writing of the nature of the dispute through the platform. Such Client may withhold payment of the disputed amount, and such payment will not be considered past due during such Client’s investigation of the dispute. Such Client shall make all commercially reasonable efforts to completely resolve the dispute within thirty (30) calendar days following the date that such Client received the invoice and shall advise Rocket Locums of the results of the completed investigation, and Rocket Locums shall make any adjustments to the invoice mutually agreed to by Rocket Locums and such Client. If Rocket Locums and such Client are unable to resolve the dispute within the period described above, it will be resolved pursuant to the dispute resolution provisions in the Terms.
Client acknowledges and agrees that it shall not collect, or attempt to collect, remuneration of any kind from the Professionals to reimburse or compensate Clients for the Rocket Locums Fees, for the Professional Fees, or otherwise related to Client’s use of the Site or the engagement of the Professionals.
Representations and Warranties
Each Client represents and warrants the following: Such Client has and shall maintain any and all licenses, permits, registrations, or other certifications necessary to perform its obligations under the Client Terms and any Order and to engage Professionals to provide the Professional Services on behalf of such Client; and Such Client has all requisite power and authority, and has taken all corporate action necessary, to agree to the Client Terms and to perform its duties and obligations under the Client Terms.
Relationship of the Parties
Professional understands that Rocket Locums is providing a service to Professionals and Clients by, among other things, initially matching such a Professional and Client for a Service Contract and then facilitating payment parameters of such a Service Contract. In providing such a service, Client understands that the Professionals are operating as an independent contractor of the Client – not of Rocket Locums.
None of the provisions of the Client Terms are intended to create, nor shall be deemed or construed to create, any relationship between Rocket Locums and any Client other than that of independent parties contracting with each other for the purpose of effecting the provisions of the Client Terms. Each Client acknowledges that (i) Rocket Locums and such Client are not and shall not be construed to be in a relationship of joint venture, partnership or employer-employee, (ii) the Professionals are and shall at all times be independent contractors with respect to such Client in their performance of the Professional Services; (iii) the Professionals are not employees, subcontractors, or agents of Rocket Locums for any purpose; (iv) Rocket Locums is not involved in the practice of medicine and does not have any responsibility for the medical acts of the Professionals providing the Professional Services on behalf of such Client pursuant to the Client Terms and an Order; and (iv) no provision of the Client Terms shall be deemed or construed to mean that Rocket Locums or any employee of Rocket Locums is engaged in the practice of medicine.
LIMITATION OF LIABILITY BY ROCKET LOCUMS FOR PROFESSIONAL SERVICES
ROCKET LOCUMS SHALL HAVE NO LIABILITY TO ANY CLIENT FOR ANY INJURY OR LOSS TO ANY PARTY RELATING TO OR IN ANY WAY ARISING OUT OF THE PROFESSIONAL'S PROVISION OF PROFESSIONAL SERVICES ON BEHALF OF A CLIENT PURSUANT TO THE CLIENT TERMS OR ANY ORDER OR FOR ANY ACTIONS OF THE PROFESSIONALS.
Rocket Locums and each Client shall maintain general liability insurance with customary coverage levels. If either Rocket Locums’s or a Client’s coverage is on a claims made basis, then Rocket Locums or such Client shall (i) maintain such insurance for a period of no less than three (3) years after the last Professional provides Professional Services on behalf of such Client pursuant to the Client Terms or (ii) procure equivalent extended reporting period coverage. Within two (2) business days of Rocket Locums’s request at any time, a Client shall provide evidence of such insurance coverage to Rocket Locums. Within two (2) business days of a Client’s request at any time, Rocket Locums shall provide evidence of such insurance coverage to such Client.
Health Insurance Portability and Accountability Act
Rocket Locums and each Client acknowledge that the performance of Rocket Locums’s obligations under the Client Terms does not involve the use or disclosure of PHI. Rocket Locums shall not receive PHI from any Client, nor create, receive, maintain or transmit PHI on any Client’s behalf. Consequently, Rocket Locums and each Client hereby agree that Rocket Locums is not a “business associate” of any Client, as defined in 45 C.F.R. §160.103, for purposes of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder.
Non-Solicitation of Rocket Locums Employees
A Client that is a party to an Order shall not, during the term of such Order and for a period of one (1) year thereafter, directly or indirectly, on its own behalf or in the service or on the behalf of others, (i) induce or attempt to induce any director, officer or employees of Rocket Locums to leave Rocket Locums, or (ii) hire, contract or take away or cause to be hired, contracted or taken away any director, officer or employee of Rocket Locums.
In the event that, within two (2) years after a Professional and a Client last communicated via the Site, such Client or any Affiliate of such Client directly (i.e., outside of the Client Terms) employs or retains a Professional introduced to such Client through an Introduction, such Client shall pay to Rocket Locums a reassignment fee equal to fifteen percent (15%) of the Professional’s annualized gross pay for services for the Client or Affiliate of such Client or $50,000, whichever is less (the “Reassignment Fee”). In the event that the Professional is offered a delayed compensation package, which defers compensation beyond a year, annualized pay in the preceding sentence shall consider such delayed compensation as an average of pay over years in which the delayed compensation is paid out. For purpose of illustration of the proceeding, if the Professional receives 1X per year with a 0.5X bonus at 13 months and no further bonus in that year or the next, the annualized pay shall be 1.25X (calculated as 2.5X divided by 2).
The Reassignment Fee shall be due in full on the first (1st) day such Professional performs services for such Client or an Affiliate of such Client in such capacity. Until the Reassignment Fee is paid by such Client, all services provided by such Professional to Client or an Affiliate of Client shall be treated as provided through this Agreement. For purposes of these Client Terms, an “Introduction” shall be deemed to have occurred when a Professional or Client has initiated contact with the other, regardless of whether the other responds and regardless of whether such contact occurred through the Site or otherwise.
Permanent Placement Fee
For permanent placement of Professional not previously engaged with Client or any affiliate of such Client, not fulfilling criteria of a Reassignment Fee, Client shall pay to Rocket Locums a placement fee equal to fifteen percent (15%) of the Professional’s annualized gross pay for services for the Client or Affiliate of such Client or $50,000, whichever is less (the “Placement Fee”). In the event that the Professional is offered a delayed compensation package, which defers compensation beyond a year, annualized pay in the preceding sentence shall consider such delayed compensation as an average of pay over years in which the delayed compensation is paid out. For purpose of illustration of the proceeding, if the Professional receives 1X per year with a 0.5X bonus at 13 months and no further bonus in that year or the next, the annualized pay shall be 1.25X (calculated as 2.5X divided by 2).
The Placement Fee shall be due in full on the first (1st) day such Professional performs services for such Client or an Affiliate of such Client in such capacity.
In addition to any other obligation of a Client otherwise to provide indemnification, each Client agrees to indemnify and hold harmless Rocket Locums, its directors, officers, employees, agents and affiliates from and against any and all Claims arising out of or resulting from any act or omission of, by or on behalf of Client, including without limitation (i) execution or performance of an Order by, for or on behalf of Client, or (ii) any breach of the Client Terms or an Order by, for or on behalf of Client.