1.1 These terms and conditions of business (“Terms of Business”), read together with the accompanying Client Care Letter (“CCL”) (collectively, the “Terms”), set out the basis upon which Patient Billing Limited (“Patient Billing Limited”) will provide its services to you, the Client (as defined in section 2.2 below). All work undertaken by Patient Billing Limited is subject to the Terms, unless otherwise agreed in writing and signed by a Director of Patient Billing Limited.

1.2 Where there is any inconsistency between the Terms of Business and the information set out in the CCL, the CCL shall take precedence.

1.3 The Terms constitute the entire agreement between Patient Billing Limited and the Client and supersede any previous agreement or understanding in relation to the Work (as defined at section 4.1.2 below). No amendment or variation to the Terms shall be effective unless it is made in writing and signed by Patient Billing Limited. References in these Terms of Business to “we”, “us” or “our” are references to Patient Billing Limited. References to “you” or “your” are references to the Client.4.4.2.

Patient Billing Limited’s VAT number is 286 479 05

2.1 Patient Billing Limited Client in relation to the Work it undertakes is the Client identified in the CCL (the “Client”). Patient Billing Limited (“Patient Billing Limited”) is under no duty, nor does it accept any responsibility, to any party other than the Client, unless that other party is also a Client of Patient Billing Limited in relation to the work done.

2.2 Save in respect of clause 8 below, the Client and Patient Billing Limited agree that Patient Billing Limited’s services are provided solely for the benefit of the Client and, for the purposes of the Contracts (Rights of Third Parties) Act 1999, the agreement under which Patient Billing Limited provides its services to the Client is enforceable only by Patient Billing Limited and the Client and not by any other party.

2.3 When instructed on a new matter we will discuss with you the information we require in order to help you achieve your goals. We will need you and any other professional advisers
who are also engaged on the matter to provide us with accurate information promptly. Payment of Patient Billing Limited’s invoices in the event that the third party fails for any reason to make  payment within the time set out in the Terms.

3.1 Unless Patient Billing Limited is expressly instructed to the contrary, Patient Billing Limited shall be entitled to assume that:

3.1.1 Whoever provides instructions to us has actual authority to do so. We may rely on any information given to us by that person. Where instructions have been provided on behalf of a corporate body or other organisation or entity we can assume that our terms of engagement have been properly authorised by the board of directors or other appropriate decision-making body of the organisation or entity.

3.1.2 Patient Billing Limited may act upon such instructions whether given orally, in writing or by email or other form of electronic communication.

3.1.3 Where Patient Billing Limited communicates with the Client by email or other electronic form of communication, the Client accepts the risks inherent in that form of communication, including but not limited to the risk of interception and unauthorised access. Patient Billing Limited screens all of its incoming and outgoing email messages for known viruses but the Client acknowledges and accepts that Patient Billing Limited cannot guarantee that its emails will be virus free. Patient Billing Limited do not accept any liability for loss resulting from the use of email for communication between us or between Patient Billing Limited and third parties.

3.3 Our advice will be based on our interpretation of the bill at the time the advice is provided.

4.1.1 Patient Billing Limited is required to comply with various statutory and regulatory requirements (such as the Money Laundering Regulations) in relation to its retainer with the Client. The work done, and any other actions that Patient Billing Limited may be required to take, in order to comply with those requirements form part of the Work and Patient Billing Limited may include the cost of any such work (together with VAT, as applicable) in the fees payable by the Client.

4.1.2 Disbursements In addition to its fees, Patient Billing Limited may also incur disbursements (including VAT, where applicable) in relation to the Work, and the basis on which they are charged are set out in the CCL. These may be incurred in the course of a matter without your prior approval.

4.2 Administrative Management Fee – Overdue Collection Cost

4.2.1 Payment Plan. Should invoices remain outstanding for an unreasonable period of time, our policy, in the first instance, is to provide a sympathetic means to settle over an extended period of 6 months. The fee for managing the 6-month payment plan, (Administrative Management Fee) is a fixed fee of £198.00 (including VAT).

4.2.2 Should our Credit Control Team be required to repeatedly chase for payment of an invoice; the procedure will qualify for an “Overdue Collection Cost” at £150.00 per hour. As such, any qualifying emails from Credit Control will incur a fee of £15.00 (including VAT) by way of a disbursement. Credit Control will warn of this procedure before initiating the cost which allows sufficient time for settlement, thus avoiding the cost. Payment in respect of our terms will avoid the need for Overdue Collection Costs.

4.3 Payment of costs and disbursements

4.3.1 The Client is responsible for payment of Patient Billing Limited’s fees, disbursements and VAT (where applicable). Patient Billing Limited’s invoices will always be addressed to the Client and are payable by the Client in accordance with the terms of payment as set out in the Terms.

4.3.2 The Client may agree with a third party that that third party will pay Patient Billing Limited’s fees and disbursements on behalf of the Client. Patient Billing Limited will not, however, be a party to that agreement and will expect the Client to make payment of Patient Billing Limited’s invoices in the event that the third party fails for any reason to make payment within the time set out in the Terms.

4.3.3 In contentious matters:

4.3.3.1 The Client may obtain a Court Order requiring a third party to pay a contribution toward the Client’s costs. Any such order shall not relieve the Client of its obligation to pay Patient Billing Limited’s fees and disbursements and the Client shall not be entitled to withhold or delay payment of Patient Billing Limited’s invoices pending receipt of payment under the Court Order. You will remain responsible for payment of our bills irrespective of the outcome of any contentious matter; and

4.3.3.2 Any money recovered from another party will be applied against any outstanding bills and any interest on them.

4.4 VAT

4.4.1 Unless otherwise expressly stated, the fees set out in the CCL are exclusive of VAT and are subject, where applicable, to VAT at the prevailing rate.

4.4.2 Patient Billing Limited’s VAT number is 286 479 05

5.1 Patient Billing Limited may issue monthly invoices to the Client for the work undertaken to date, any disbursements incurred and any applicable VAT.

5.2 Patient Billing Limited’s invoices are payable on presentation to the Client. If payment of an invoice is not made in full within 14 days of presentation, Patient Billing Limited reserves the right to charge interest at 8% over the base rate for the time being of Coutts Bank on any balance outstanding from the date of presentation of the invoice until payment.

5.3 If a bill is overdue for payment, we may on reasonable written notice suspend or terminate the provision of any services to you (and others with whom you are associated) and retain any documents, papers and other materials belonging to you and others with whom you are associated.

5.4 Unless otherwise previously agreed in writing, Patient Billing Limited shall be entitled to payment of its fees, disbursements and VAT regardless of whether a particular matter has been successfully concluded or completed.

5.5 When we are instructed on a matter by or on behalf of more than one person or company, each person or company for whom we act will be jointly and severally liable for payment of the full amount of our fees, disbursements and VAT.

5.6 If our bills are not payable by you as our Client but by a third party, you will still be liable for any VAT in respect of our charges. We are only able to issue VAT invoices to you and not to a third party.

5.7 If our services are subject to VAT, you must indemnify us fully on demand for any interest, penalties or legal costs which we incur as a result of any incorrect information in relation to your VAT status, which you have provided.

6.1 Any money that Patient Billing Limited holds on behalf of the Client will be deposited in a designated Client bank account or Client deposit account with a clearing bank. Patient Billing Limited will not be responsible for any mistake or failure by the bank.

6.2 Unless the money that Patient Billing Limited holds is for a specific purpose, Patient Billing Limited may apply any money held on the Client’s behalf towards the discharge of Patient Billing Limited’s invoices.

6.3 Where Patient Billing Limited holds monies on its Client account it will not pay any interest.

7.1 The Client may terminate the Work at any time by giving 30 days written notice to Patient Billing Limited.

7.2 Patient Billing Limited may in its absolute discretion suspend or terminate the work forthwith in the event that:

7.2.1 The Client fails to make a payment on account of fees and/ or disbursements and/or VAT;

7.2.2 The Client fails to pay any invoice within thirty days of its presentation to the Client;

7.2.3 The Client persistently fails to pay invoices in accordance with the terms agreed in the Terms;

7.2.4 The Client persistently fails to provide Patient Billing Limited with instructions in relation to the Work;

7.2.5 The Client’s instructions may result in Patient Billing Limited being required to act in a manner that is unlawful and/or may contravene applicable legislative or regulatory requirements and/or may otherwise give rise to unacceptable professional risk to Patient Billing Limited.

7.2.6 The Proceeds of Crime Act 2002, The Money Laundering Regulations 2007, or any legislation of like or similar effect prohibits Patient Billing Limited from continuing to act for the Client; or

7.2.7 The relationship between Patient Billing Limited and the Client has otherwise irretrievably broken down.

7.3 In the event that the Client or Patient Billing Limited suspends or terminates the Work, Patient Billing Limited shall be entitled to invoice the Client for our fees in respect of the Work done, disbursements incurred and any applicable VAT to the point that the Work was suspended or terminated, and in respect of any work (such as applications to remove Patient Billing Limited from the Court Register as acting for the Client) that may reasonably be necessary following such suspension or termination. Any invoice raised by Patient Billing Limited as a result of work being suspended or terminated shall be payable immediately upon presentation to the Client.

8.1 Unless otherwise agreed in writing, our liability:

8.1.1 shall not exceed £1,000,000 any one claim or the minimum required by law, whichever is the greater:

8.1.1.1 whether to you or any third party;

8.1.1.2 on the part of Patient Billing Limited or its directors, employees or consultants together, for any losses incurred by you as a result of or in connection with any breach of contract, breach of trust, breach of fiduciary duty or tort (including negligence) or other civil liability.

8.2 Patient Billing Limited’s fees chargeable to the Client in respect of the Work have been  calculated by reference to:

8.2.1 the risk to Patient Billing Limited associated with the Work;8.2.2 the general provision of the Terms;
8.2.3 the level of indemnity insurance carried by Patient Billing Limited; and, particularly,
8.2.4 the limitations on Patient Billing Limited’s liability contained in this section 8.

8.3 If the Client wishes Patient Billing Limited to accept a greater risk and/or increased limit of liability, Patient Billing Limited may be prepared to do so although Patient Billing Limited may, in these circumstances, include a surcharge referable to the additional risk accepted by Patient Billing Limited and/or the cost to Patient Billing Limited of any additional insurance cover that may be required.

8.4 Patient Billing Limited shall not in any circumstances be liable to the Client for any loss of profit or any other consequential or indirect loss (howsoever arising). Our liability to you in connection with this matter is limited to the proportion of loss or damage (including interest and costs) suffered by you which is just and equitable, having regard to the extent of your own responsibility and the contribution of any other person to the loss or damage regardless of any contractual or other limitation of their liability and/or their ability to pay and/or limitation

8.5 The Client agrees that the liability of Patient Billing Limited, its partners, employees, subcontractors and consultants shall not be increased by any limitation, exclusion or restriction of liability that the Client may have agreed with any other advisor, by the Client’s inability to recover against any of its advisors, or by the Client’s decision not to recover from any
of its advisors. The Client agrees that it will inform Patient Billing Limited if the Client agrees, or is asked to agree, to limit the liability of any of the Client’s other advisors in relation to the Work.

8.6 If goods and/or services are supplied or provided by any third party (“Third Party”) in connection with the Work, and regardless of whether Patient Billing Limited has recommended the Third Party to the Client and/or has engaged the Third Party on the Client’s behalf, Patient Billing Limited do not accept any responsibility for the performance, acts or omissions of the Third Party nor do Patient Billing Limited give any warranty, guarantee or other representation as to the suitability or quality of such goods and/or services but may, where applicable, at the request of the Client assign to the Client the benefit of any warranty, guarantee or representation given by the Third Party. Where Patient Billing Limited instructs a Third Party on your behalf, you will be their Client and you will be responsible for payment of their fees and expenses. If we pay their fees or expenses, we will invoice you for them and payment will be due in accordance with section 5.

8.7 We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence.

8.8 Patient Billing Limited (rather than its members, employees and consultants as individuals) will provide advice and services to you, and Patient Billing Limited alone will be responsible for the
performance of the agreement between Patient Billing Limited and the Client. You agree that you will not bring any claim for any losses incurred by you as a result of or in connection with any breach of contract, breach of trust, breach of fiduciary duty or tort (including negligence) or other civil liability in connection with any advice and/or services provided to you against any member, employee or consultant of Patient Billing Limited itself for the acts or omissions of its members,
employees or consultants.

8.9 All work undertaken and advice provided by us is for you use and benefit only and may not be passed on to any other person without our prior written approval, and subject to such conditions as we may impose at the time.

8.10 We shall have no liability for any loss or damage suffered by you as a result of our inability to comply with your instructions to transfer monies because of bank insolvency or other inability or mistake of a bank to pay.

8.11 Pursuant to various statutes, regulations or court orders, we may, exceptionally, have obligations that lead us to disclosing details of your affairs to the relevant authorities. We will not always be permitted to inform you that this has occurred. 8.1 Unless otherwise agreed in writing, our liability:

8.1.1 shall not exceed £1,000,000 any one claim or the minimum required by law, whichever is the greater:

8.1.1.1 whether to you or any third party;

8.1.1.2 on the part of Patient Billing Limited or its directors, employees or consultants together, for any losses incurred by you as a result of or in connection with any breach of contract, breach of trust, breach of fiduciary duty or tort (including negligence) or other civil liability.

8.2 Patient Billing Limited’s fees chargeable to the Client in respect of the Work have been  calculated by reference to:

8.2.1 the risk to Patient Billing Limited associated with the Work;8.2.2 the general provision of the Terms;
8.2.3 the level of indemnity insurance carried by Patient Billing Limited; and, particularly,
8.2.4 the limitations on Patient Billing Limited’s liability contained in this section 8.

8.3 If the Client wishes Patient Billing Limited to accept a greater risk and/or increased limit of liability, Patient Billing Limited may be prepared to do so although Patient Billing Limited may, in these circumstances, include a surcharge referable to the additional risk accepted by Patient Billing Limited and/or the cost to Patient Billing Limited of any additional insurance cover that may be required.

8.4 Patient Billing Limited shall not in any circumstances be liable to the Client for any loss of profit or any other consequential or indirect loss (howsoever arising). Our liability to you in connection with this matter is limited to the proportion of loss or damage (including interest and costs) suffered by you which is just and equitable, having regard to the extent of your own responsibility and the contribution of any other person to the loss or damage regardless of any contractual or other limitation of their liability and/or their ability to pay and/or limitation

8.5 The Client agrees that the liability of Patient Billing Limited, its partners, employees, subcontractors and consultants shall not be increased by any limitation, exclusion or restriction of liability that the Client may have agreed with any other advisor, by the Client’s inability to recover against any of its advisors, or by the Client’s decision not to recover from any
of its advisors. The Client agrees that it will inform Patient Billing Limited if the Client agrees, or is asked to agree, to limit the liability of any of the Client’s other advisors in relation to the Work.

8.6 If goods and/or services are supplied or provided by any third party (“Third Party”) in connection with the Work, and regardless of whether Patient Billing Limited has recommended the Third Party to the Client and/or has engaged the Third Party on the Client’s behalf, Patient Billing Limited do not accept any responsibility for the performance, acts or omissions of the Third Party nor do Patient Billing Limited give any warranty, guarantee or other representation as to the suitability or quality of such goods and/or services but may, where applicable, at the request of the Client assign to the Client the benefit of any warranty, guarantee or representation given by the Third Party. Where Patient Billing Limited instructs a Third Party on your behalf, you will be their Client and you will be responsible for payment of their fees and expenses. If we pay their fees or expenses, we will invoice you for them and payment will be due in accordance with section 5.

8.7 We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence.

8.8 Patient Billing Limited (rather than its members, employees and consultants as individuals) will provide advice and services to you, and Patient Billing Limited alone will be responsible for the
performance of the agreement between Patient Billing Limited and the Client. You agree that you will not bring any claim for any losses incurred by you as a result of or in connection with any breach of contract, breach of trust, breach of fiduciary duty or tort (including negligence) or other civil liability in connection with any advice and/or services provided to you against any member, employee or consultant of Patient Billing Limited itself for the acts or omissions of its members,
employees or consultants.

8.9 All work undertaken and advice provided by us is for you use and benefit only and may not be passed on to any other person without our prior written approval, and subject to such conditions as we may impose at the time.

8.10 We shall have no liability for any loss or damage suffered by you as a result of our inability to comply with your instructions to transfer monies because of bank insolvency or other inability or mistake of a bank to pay.

8.11 Pursuant to various statutes, regulations or court orders, we may, exceptionally, have obligations that lead us to disclosing details of your affairs to the relevant authorities. We will not always be permitted to inform you that this has occurred. In some cases, compliance with these obligations may cause delay in carrying out your instructions or proceeding with the matter and provided we have acted in good faith, we shall have no liability to you for the consequences of such delay.

 In some cases, compliance with these obligations may cause delay in carrying out your instructions or proceeding with the matter and provided we have acted in good faith, we shall have no liability to you for the consequences of such delay.

9.1 There may be aspects of the Work where the Client requires tax advice. Unless exactly stated to the contrary, these are not matters upon which Patient Billing will advise the Client as the Client is expected to have its own tax advisors.

9.2 We are not authorised by the Financial Conduct Authority. If, while we are acting for you, you need advice on investments, we may have to refer you to someone who is authorised to provide the necessary advice.

10.1 After completing the Work, or following the termination or suspension of the Work, Patient Billing is entitled to keep all the Client’s papers and documents while there is money owed to Patient Billing for its fees and disbursements and any applicable VAT (whether in respect of the Work or otherwise).

10.2 Patient Billing will retain its electronic file of working papers (the “File”) for seven years after the completion of the Work. On completion of a matter, Patient Billing will retain the File on the understanding that Patient Billing has the Client’s authority to destroy the File after this period of time. Patient Billing can arrange to deposit original documents in safe custody with a third party storage provider who will charge the Client directly for such a service. We have no responsibility to advise you of the pending disposal of any of your files.

10.3 Patient Billing will not normally charge for retrieving papers or documents from storage that are in relation to continuing or new instructions. Patient Billing may, however, charge the Client for time spent producing papers or documents to the Client (or a third party at the Client’s request), or for other related work (including work done reading and responding to correspondence).

11.1 All copyright and other intellectual property rights in all documents, reports, written advices or other materials of whatever nature provided by Patient Billing Limited to the Client (collectively, the “Work Product”) remain vested in Patient Billing Limited.

11.2 The Client has the full right and licence to distribute copies of the Work Product within its own organisation in relation solely to the Work. If the Client wishes to distribute copies of the Work Product within its own organisation for other purposes and/or to third parties outside its own organisation (for any purpose), it will require Patient Billing Limited’s prior written permission to do so under section 8.9.

11.3 The Client may be required to provide documents, materials and/or other property (collectively, the “Materials”) to Patient Billing Limited for the purposes of the Work. Subject to the provisions of this section 11, any rights that the Client may have in the Materials shall not be affected by the provision of the Materials to Patient Billing Limited and, subject to Patient Billing Limited’s right to exercise a lien over the Materials in respect of any sums owing by the Client to Patient Billing Limited (whether in respect of the Work or otherwise), Patient Billing Limited will at the Client’s request return the Materials to the Client when the Work to which the Materials relate has been completed.

11.4 As part of the Work Patient Billing Limited may (in its absolute discretion) copy all or any part of the Materials and/ or incorporate all or any part of the Materials into the Work Product and make such use of the Work Product incorporating the Materials as Patient Billing Limited may (in its absolute discretion) deem appropriate. If Patient Billing Limited does so the Client will:

11.4.1 Be deemed to have granted without charge to Patient Billing Limited a permanent irrevocable royalty free licence for Patient Billing Limited to use such rights that the Client may have in the Materials as are required by Patient Billing Limited to copy and/or incorporate and/or use the Materials and/or Work Product in the manner aforesaid; and

11.4.2 at the Client’s own expense obtain all third party licences and/or consents as may be required to enable Patient Billing Limited to copy and/or incorporate and/or use the Materials and/or Work Product in the manner aforesaid and the Client shall fully and effectively indemnify and hold Patient Billing Limited harmless in respect of any claims made by any third party that the use made by Patient Billing Limited of the M aterials and/or Work Product contravenes any of such third party’s rights in the Materials.

12.1 Fair collection notice for Client data

12.1.1 All information that we hold concerning individual Clients will be held and processed by us strictly in accordance with the provisions of the General Data Protection Regulation (GDPR) effective May 25, 2018

If any breach of data protection occurs, Patient Billing Limited will act in accordance with the General Data Protection Regulation. Such data will be used by us to provide you with the services set out in the CCL or otherwise as you have requested. It may also be used, unless you provide Patient Billing Limited with written instructions to the contrary, to give you information about our other services and events, which we think may be of interest to you. We will not, without your consent, give your name, address or contact details to any third party unless: this is necessary to provide you with the services set out in the terms of the CCL.

12.1.2 Individuals, under the General Data Protection Regulation, have the right to obtain information from us, including a description of the data that we hold about them. To make a data request or to ask any questions about data protection and privacy, please contact Patient Billing Limited’s Data Protection Officer (DPO) using support@patientbilling.co.uk

13.1 Any information that the Client provides to Patient Billing Limited or which Patient Billing Limited receives in relation to the Work from third parties during the course of its retainer for the Client (other than information that is already in the public domain) is confidential and shall not (other than as is required by Patient Billing Limited’s compliance with the Law) be disclosed to third parties without the Client’s consent, subject to the exceptions at sections 13.3 and 13.4.

13.2 Any commercially sensitive or privileged information may be disclosed to another person in certain circumstances, including but not limited to:
(a) with your consent;
(b) to your other professional advisers;
(c) where disclosure is required by law, court order or any regulatory authority;
(d) to the extent that such information enters, or has entered, the public domain; or
(e) to our auditors or other professional advisers in connection with the performance of their duties.

13.3 We may use external agencies for typing, photocopying, printing and preparation of due diligence and you agree that we may disclose information to third parties for that purpose. There may be occasions where outsourcing of other activities is desirable. We will advise you before outsourcing other activities.

13.4 For the purposes of this section 14, the term Patient Billing Limited shall include, without limitation, Patient Billing Limited’s members, employees and consultants, and such individuals shall not be deemed to be a third party.

14.1 Applicable Law and Jurisdiction
You will have a Client relationship partner who will be responsible for liaising with you on all the matters we undertake for you.

14.2 Patient Billing Limited is committed to providing all of its Clients with the highest possible levels of service and the best possible commercial advice. Whilst Patient Billing Limited has an enviable record of Client satisfaction Patient Billing Limited recognises that things can sometimes go wrong.

14.3 In the event that the Client has any concern with the service the Client has received from Patient Billing Limited, the Client should raise its concern with the Partner supervising the Work, who will do their best to resolve the Client’s concerns. If, however, the Client is not satisfied by the action taken or does not feel it can raise the concern with the Partner supervising the Work, the Client should ask to have its concerns reviewed by Patient Billing Limited’s Client Care Director, who will provide the Client with full written details of Patient Billing Limited’s complaints procedure and will thoroughly  investigate the Client’s concerns.

Patient Billing Limited’s agreement with the Client is deemed to have been negotiated and made in England and is in all respects governed by and shall be construed in accordance with English Law. Any non-contractual obligations arising out of or in connection with Patient Billing Limited’s contract with the Client shall also be governed by and shall be construed in accordance with English Law. The English Courts shall have exclusive jurisdiction over any dispute between Patient Billing Limited and the Client.

In accordance with the disclosure requirements of The Provision of Services Regulations 2009, we are insured by a reputable company.

To promote equality and diversity in the way we operate our business and in our dealings with third parties and employees a copy of our diversity policy is available on request.

Patient Billing Limited does not provide access to retention and/ or escrow accounts. Patient Billing Limited outsources the set up and ongoing maintenance of retention/escrow accounts to a third party should they be required by the Client. The outsourced third party will contract with the Client direct and will invoice the Client direct for this service. (these fees are in addition to any Patient Billing Limited fees). Patient Billing Limited shall not be responsible for and takes no liability for the set up and/or ongoing maintenance of any such retention/escrow accounts.

If you are a private Client and we have met with you but not at our offices, or you have instructed us remotely i.e. by telephone, letter or email, the Consumer Contracts (Information, Cancellation and Additional Charges)  Regulations 2013 apply to your matter. If applicable, this means that you have the right to cancel your instructions to us within 14 days of entering into the contract. The enclosed
notice of right to cancel provides further information. To exercise the right to cancel, you must inform us by email, fax or post or you may use the enclosed model cancellation form, but it is not obligatory. We cannot commence work
within the cancellation period without your express request to do so, by completing and returning the enclosed “commencement of work request”. If you sign and return the form you will still have the right to cancel the contract within 14 days, but you will be required to pay a reasonable amount for the work done up to the point at which you notify us of the cancellation.