NCS Endorsed Clinical Coding Specialty Workshop Training Materials Agreement
IMPORTANT NOTICE – PLEASE READ THE FOLLOWING CAREFULLY
THE TERMS AND CONDITIONS OF THIS CLINICAL CODING TRAINING PRODUCTS AGREEMENT SHOULD BE READ CAREFULLY. BY USING THE CLICK-USE AGREEMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This agreement ("Agreement") is a legal agreement between you ("user" or "you") and Clinical Coding Academy Network (each and any of West Midlands Clinical Coding Academy (care of University Hospitals Birmingham NHS Foundation Trust, Queen Elizabeth Hospital Birmingham, B15 2TH); Mersey Internal Audit Agency Clinical Coding Academy (care of Royal Liverpool and Broadgreen University Hospitals NHS Trust, Regatta Place, Summers Road, Brunswick Business Park, Liverpool L3 4BL); London Clinical Coding Academy,(care of Calderdale and Huddersfield NHS Foundation Trust, Acre Street, Lindley, Huddersfield, West Yorkshire HD3 3EA)) ("Clinical Coding Academy Network" or "we" or "us") for the NCS Endorsed Clinical Coding Specialty Workshop Training Materials.
Whereas:
(i) We have developed, authorised for release by the NHS Classifications Service, and use by NHS Classifications Service Approved Clinical Coding Trainers (as defined below), the NCS Endorsed Clinical Coding Specialty Workshop Training Materials (which, together with any associated information, documentation, additions and modifications and updating material thereto as at the date this Agreement is entered into, shall be hereinafter called "NCS Endorsed Clinical Coding Specialty Workshop Training Materials").
(ii) The Clinical Coding Academy Network is the copyright holder of the NCS Endorsed Clinical Coding Specialty Workshop Training materials.
(iii) You wish to use the NCS Endorsed Clinical Coding Specialty Workshop Training Materials for the purposes of providing clinical coding training within the National Health Service, England.
(iv)We have agreed that you may use the NCS Endorsed Clinical Coding Specialty Workshop Training Materials in accordance with the terms and conditions set out below.
(v) You are a trainer that has successfully completed the full NHS Classifications Service Clinical Coding Trainer Programme, fulfil relevant criteria and are therefore listed as an "Approved Clinical Coding Trainer".
Now it is hereby agreed as follows:
1. USE
1.1 In consideration of the performance of your obligations set out in this Agreement and payment of any applicable fees as shown in the schedule, we hereby grant to you the right to use the NCS Endorsed Clinical Coding Specialty Workshop Training Materials for the Purposes (as set out in the Schedule to this Agreement), subject to the terms and conditions set out herein.
1.2. You acknowledge that you have no right to sub-licence the NCS Endorsed Clinical Coding Specialty Workshop Training Materials further. You are permitted to distribute copies of handouts comprised within the NCS Endorsed Clinical Coding Specialty Workshop Training Materials provided all such materials are appropriately copyright marked.
1.3 By agreeing to the terms of this Agreement you confirm that you have read the documents listed in the Schedule (section 2) and will comply in full with the requirements contained within them.
2. OWNERSHIP AND PROPERTY RIGHTS
2.1 Copyright in the NCS Endorsed Clinical Coding Specialty Workshop Training Materials shall remain the sole property of us or the Health and Social Care Information Centre as applicable. All patent and other intellectual property rights in the NCS Endorsed Clinical Coding Specialty Workshop Training Materials shall remain the sole property of us or the Health and Social Care Information Centre as applicable and we reserve the right to authorise use of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials by any other party or parties. You shall at all times ensure that we are acknowledged in training course attendance certificates when the NCS Endorsed Clinical Coding Specialty Workshop Training Materials are used in accordance with this Agreement, as follows:
The course was delivered by an NHS Classifications Service Approved Clinical Coding Trainer. The materials used for this course are national standard clinical coding training materials provided by the Clinical Coding Academy Network and are subject to Copyright.
3. FORMAT
3.1 The NCS Endorsed Clinical Coding Specialty Workshop Training Materials are provided in Word, PDF or Microsoft PowerPoint 2007 only and depending on the product, the NCS Endorsed Clinical Coding Specialty Workshop Training Materials will be password protected. We will not be liable for any failure to operate, if you operate an older version of Microsoft Office.
4. MODIFICATIONS
4.1 You are permitted to make certain modifications to the agenda of the national standard course materials to suit local timetable requirements. The overall duration of the course should be no less than the stated minimum duration.
4.2 You are permitted to develop alternative practice activities and other reinforcement techniques to better meet the learning styles of your trainees and to use different examples, to demonstrate local casemix.
4.3 Subject to clause 4.1, you shall not be entitled to make amendments to the content of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials in any way (hereinafter referred to as "Amendments", which shall include but not be limited to updating, translating, improving or innovating the NCS Endorsed Clinical Coding Specialty Workshop Training Materials) or to permit the whole or any part of NCS Endorsed Clinical Coding Specialty Workshop Training Materials (whether in its original or in any enhanced or varied form) to be incorporated in any other training products or software without our prior consent.
4.4 Should you choose to use only relevant chapters of the materials, a certificate of attendance of the full course product title must not be issued.
4.5 The NCS Endorsed Clinical Coding Specialty Workshop Training Materials may only be used on classroom training courses, i.e. Formal scheduled events where both you and delegates are released from normal duties for the duration of the course.
5 SECURITY
You shall:
(i) be responsible for the safety, care and protection of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials and any part or parts thereof; and
(ii) effect and maintain adequate security measures to safeguard the NCS Endorsed Clinical Coding Specialty Workshop Training Materials from theft, or access by any unlicensed person; and
(iii) take all reasonable precautions to maintain the confidentiality and integrity of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials.
6 TRAINING MATERIAL CHANGE REQUESTS You shall give written notice to us of any change requests in the Clinical Coding Training Materials, or in any problem in the use of the Clinical Coding Training Materials, within three months of discovery by you. You further agree to ensure that any change requests are submitted for consideration by the Clinical Coding Academy network no later than 31st October 2013
DEFECTS
You shall notify us of any defects or problem in the use of the Clinical Coding Training Materials within 2 weeks of downloading or receiving the NCS Endorsed Clinical Coding Specialty Workshop Training Materials.
You agree to provide notice of defects and/or problems with use in the training materials to the Clinical Coding Academy Network via email to coding.materials@miaa.nhs.uk
8 LIABILITY AND INDEMNITY
8.1 We will not be liable for any loss, claim, damage, cost, charge, expense, liability, demand, proceedings or actions whatsoever (including and without prejudice to the generality of the foregoing to or in respect of any of your servants, employees or agents) arising in any way out of or in connection with your use of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials or any part or parts thereof and you shall indemnify and keep indemnified us against any and all costs, charges, expenses and liabilities whatsoever so arising.
8.2 Clause 9.1 shall not apply in relation to: any liability in respect of claims relating to death or personal injury and any other liability which cannot by excluded by law.
9 DURATION
9.1 This current version of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials (version 1.0) will expire on the expiry date as referenced in the schedule, upon which date you shall be required to obtain a new version of the same.
9.2 On receipt of a new version of the materials, hard and electronic copies of all previously issued versions of the materials must be destroyed.
10. TERMINATION
10.1 We may summarily terminate this Agreement:
(a) if you commit or permit any breach of the conditions of this Agreement and (if the breach is capable or remedy) fails to rectify such breach within 30 days of written notice from us to do so;
(b) if you become bankrupt or make an arrangement with its creditors or go into liquidation.
10.2 You may terminate this Agreement by surrender on 30 days prior written notice to us.
10.3 Termination of this Agreement, howsoever caused, shall not release you from any duty or obligation of confidence which falls on you under this Agreement or under the general law governing confidential information, nor shall accrue thereafter to any party to this Agreement.
10.4 Within 14 days of termination of this Agreement you will, at our direction, either destroy or return to us the NCS Endorsed Clinical Coding Specialty Workshop Training Materials and all copies, forms and parts thereof (including Amendments) and certify in writing when this has been done.
11. NOTICES
11.1 Any notice, consent and communication authorised or required to be given under this Agreement or for the purposes thereof shall be deemed to be duly given by us if addressed to you and left at or sent by post to its last known place of abode or business or the address of its registered office, and by you if addressed to us and left at or sent by post to Mersey Internal Audit Agency Clinical Coding Academy, Second Floor, Regatta Place, Summers Road, Brunswick Business Park, Liverpool L3 4BL.
11.2 Any such notice, if served by post, shall be deemed to have been given at the time at which it would have been received in due course by post, and in proving service of such notice it shall only be necessary to prove that the letter containing the same was properly addressed, and (if necessary) pre-paid, and put into the post, or left at the office of the Post Office, as the case may be.
12. SUPPORT
We will endeavour to provide a response to any queries which you may have regarding the NCS Endorsed Clinical Coding Specialty Workshop Training Materials. For support please email coding.materials@miaa.nhs.uk.
13. ASSIGNMENT
13.1 You may not assign this Agreement without our prior written consent.
13.2 You undertake to inform us of any changes in name or address which pertain to this Agreement.
14. LAW
This Agreement shall be constructed as a contract made in England and shall be subject to English law.
THE SCHEDULE
NCS ENDORSED CLINICAL CODING SPECIALTY WORKSHOP TRAINING MATERIALS CONSISTING OF:
*Circulatory & Vascular Workshop V11.0 created by University Hospital Birmingham NHS Foundation Trust 2013
*Obstetric & Perinatal Workshop V11.0 created by Royal Liverpool and Broadgreen University Hospitals NHS Trust 2013
*NCCQ Revision Workshop Support Pack V11.0 created by Calderdale and Huddersfield NHS Foundation Trust, Acre Street 2013
*Orthopaedic Worksop V6.0 created by Royal Liverpool and Broadgreen University Hospitals NHS Trust 2013
*Mental Health Foundation Course V10.0 created by Royal Liverpool and Broadgreen University Hospitals NHS Trust 2013
APPROVED CLINICAL CODING TRAINERS REQUIREMENTS FRAMEWORK AND CODE OF CONDUCT
Documents (available on demand):
Approved Clinical Coding Trainer Requirements Framework
Approved Clinical Coding Trainer User Guide
NHS Classifications Service Approved Clinical Coding Trainers – Code of Conduct
3. EXPIRY DATE
Subject to the terms of Clause 11 [Termination], the current version of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials will expire on 31 March 2014.
4. FEE
In consideration for the media on which the Clinical Coding Training Materials are provided, if you are a commercial Approved Clinical Coding Trainer (ie not employed by the NHS) then you shall pay to us, before the execution of this Agreement, a fee of £500 plus VAT for each of the Circulatory & Vascular and Orthopaedics Workshops and £375 plus VAT for each of the Obstetrics & Perinatal, NCCQ Revision and Mental Health Foundation Workshops.
An NHS-based Approved Clinical Coding Trainer that obtains a copy of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials via the Technology Reference-data Update Distribution (TRUD) Service free of charge as part of their attendance on the 2013/14 Clinical Coding Trainer Programme and transfers employment to a commercial organisation within 12 months of attendance on that programme will be liable to reimburse the full cost of the training materials to us.
5. THE PURPOSES
Use of the NCS Endorsed Clinical Coding Specialty Workshop Training Materials is to deliver related clinical coding training to NHS employees.