NCCQ (UK) Revision WorkshopClinical Coding Training Materials Licence Agreement
IMPORTANT NOTICE – PLEASE READ THE FOLLOWING CAREFULLY.
THE TERMS AND CONDITIONS OF THIS CLINICAL CODING TRAINING MATERIALS LICENCE AGREEMENT SHOULD BE READ CAREFULLY. BY USING THE CLICK-USE LICENCE AGREEMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE.
This licence agreement ("Licence Agreement") is a legal agreement between you (“Licensee” or "you") and Health and Social Care Information Centre – of 1 Trevelyan Square, Boar Lane, Leeds, LS1 4HY ("Licensor" or "we" or "us") for the National Clinical Coding Training Materials.
Whereas:
(i) The Clinical Coding Academy Network on behalf of the Clinical Classifications Service has updated , for use by the Clinical Classifications Service Approved Experienced Clinical Coding Trainers (as defined below), the National Clinical Coding Qualification (NCCQ) (UK) Revision Workshop Training Materials Version 3.0 (which, together with any associated information, documentation, additions and modifications and updating material thereto as at the date this Licence Agreement is entered into, shall be hereinafter called “NCCQ (UK) Revision Workshop Clinical Coding Training Materials“).
(ii) The Health and Social Care Information Centre is the copyright holder of the NCCQ (UK) Revision Workshop Clinical Coding Training Materials.
(iii) You wish to obtain a licence from us to use the NCCQ (UK) Revision Workshop Clinical Coding Training Materials for the purposes of providing clinical coding training. The NCCQ (UK) Revision Workshop Clinical Coding Training Materials are to be used for the purposes of providing training within National Health Service, England.
(iv) We have agreed to grant you a non-exclusive and revocable licence to use the NCCQ (UK) Revision Workshop Clinical Coding Training Materials in accordance with the terms and conditions set out below.
(v) You are a trainer that has successfully completed the Licensor’s full Clinical Classifications Service Clinical Coding Trainer Programme, fulfil relevant criteria and are therefore listed as an ‘Approved Experienced Clinical Coding Trainer’.
Now it is hereby agreed as follows:
1. LICENCE.
1.1 In consideration of the performance of your obligations set out in this Licence Agreement, we hereby grant to you a non-exclusive, revocable licence to use the NCCQ (UK) Revision Workshop Clinical Coding Training Materials on the terms for the Licensed Purposes (as set out in the Schedule to this Licence Agreement), subject to the terms and conditions set out herein.
1.2. You acknowledge that you have no right to sub-licence the NCCQ (UK) Revision Workshop Clinical Coding Training Materials further.
2. OWNERSHIP AND PROPERTY RIGHTS.
2.1 Copyright in the NCCQ (UK) Revision Workshop Clinical Coding Training Materials shall remain the sole property of us. All patent and other intellectual property rights in the NCCQ (UK) Revision Workshop Clinical Coding Training Materials shall remain the sole property of us and we reserve the right to license the NCCQ (UK) Revision Workshop Clinical Coding Training Materials to any other party or parties. You shall at all times ensure that we are acknowledged in training course attendance certificates when the NCCQ (UK) Revision Workshop Clinical Coding Training Materials are used in accordance with this Licence Agreement, as follows:
The course was delivered by a Clinical Classifications Service Approved Clinical Coding Trainer in accordance with the Licence Agreement. The materials used for this course are national standard clinical coding training materials provided by the Clinical Classifications Service and are subject to Health and Social Care Information Centre Copyright.
3. FORMAT.
The NCCQ (UK) Revision Workshop Clinical Coding Training Materials are provided in Word, PDF or Microsoft PowerPoint 2010 only (compatible with Microsoft Office 1997-2003), and depending on the product, the NCCQ (UK) Revision Workshop Clinical Coding Training Materials will be password protected or saved in PDF format. We will not be liable 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 length 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 NCCQ (UK) Revision Workshop Clinical Coding Training Material in any way (hereinafter referred to as "Amendments", which shall include but not be limited to updating, translating, improving or innovating the NCCQ (UK) Revision Workshop Clinical Coding Training Materials) .
4.4 You are required to develop short mock examination papers for inclusion in the NCCQ (UK) Revision Workshop.
4.5 The NCCQ (UK) Revision Workshop Clinical Coding 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. REQUIREMENTS FRAMEWORK.
You have read the applicable documents below, whether you are a Commercial or NHS-based Approved Clinical Coding Trainer. You accept full compliance to the requirements contained within the following documents:
Approved Clinical Coding Trainer Requirements Framework
Approved Clinical Coding Trainer User Guide
Clinical Classifications Service Approved Clinical Coding Trainers – Code of Conduct
6. SECURITY.
You shall:
(ii) be responsible for the safety, care and protection of the NCCQ (UK) Revision Workshop Clinical Coding Training Materials and any part or parts thereof; and
(iii) effect and maintain adequate security measures to safeguard the NCCQ (UK) Revision Workshop Clinical Coding Training Materials from theft, or access by any unlicensed person; and
(iv) take all reasonable precautions to maintain the confidentiality and integrity of the NCCQ (UK) Revision Workshop Clinical Coding Training Materials.
7. TRAINING MATERIAL CHANGE REQUESTS.
You shall give written notice to us of any defect in the NCCQ (UK) Revision Workshop Clinical Coding Training Materials, or in any problem in the use of the NCCQ (UK) Revision Workshop Clinical Coding Training Materials, within three months of discovery by you using the “Training Materials Amendment and Version Control” process described in the ‘Clinical Classifications Service Approved Clinical Coding Trainers: 2016-17 Requirements Framework' document issued by us.
8. DEFECTS.
You shall notify us of any defects within 2 weeks of downloading the NCCQ (UK) Revision Workshop Clinical Coding Training Materials.
Communication of change requests and/or defects
You shall submit any change requests and or notifications of defects found during 2016-17 on the correct documentation via information.standards@nhs.net
9. LIABILITY AND INDEMNITY.
9.1 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 NCCQ (UK) Revision Workshop Clinical Coding Training Materials or any part or parts thereof and you shall indemnify and keep indemnified us and/or the Crown and her officers, servants and agents against any and all costs, charges, expenses and liabilities whatsoever so arising.
9.2 You shall make such arrangements in respect of its liability under this Licence Agreement, if necessary, at its own expense, on or before the execution of this Licence Agreement, as may be agreed with us, and shall annually revise the same with the Secretary of State during the subsistence of this Licence Agreement.
10. DURATION.
10.1 This current version of the NCCQ (UK) Revision Workshop Clinical Coding Training Materials (version 3.0) will expire on 31 March 2017, upon which date you shall be required to obtain a new version of the same.
10.2 On receipt of a new version of the materials, hard and electronic copies of all previously issued versions of the materials must be destroyed.
11. TERMINATION.
11.1 We may summarily terminate this Licence Agreement:
(a) if you commit or permit any breach of the conditions of this Licence Agreement and (if the breach is capable of 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.
(ii) You may terminate this Licence Agreement by surrender on 30 days prior written notice to us.
(iii) Termination of this Licence Agreement, howsoever caused, shall not release you from any duty or obligation of confidence which falls on you under this Licence Agreement or under the general law governing confidential information, nor shall accrue thereafter to any party to this Licence Agreement.
(iv) Within 14 days of termination of this Licence Agreement you will, at our direction, either destroy or return to us the NCCQ (UK) Revision Workshop Clinical Coding Training Materials and all copies, forms and parts thereof (including Amendments) and certify in writing when this has been done.
12. NOTICES.
12.1 Any notice, consent and communication authorised or required to be given under this Licence 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 the Health and Social Care Information Centre, Clinical Classifications Service 3rd Floor, Vantage, 40 Aire Street, Leeds LS1 4HT.
12.2 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.
13. SUPPORT.
Our service desk will endeavour to provide a response to any queries which you may have regarding the NCCQ (UK) Revision Workshop Clinical Coding Training Materials. For support please call 0845 371671 or email information.standards@nhs.net between the hours of 9 am to 5 pm and Monday to Friday excluding UK Public Holidays.
14. ASSIGNMENT.
14.1 You may not assign this Licence Agreement without our prior written consent.
14.2 You undertake to inform us of any changes in name or address which pertain to this Licence Agreement.
15. LAW.
This Licence Agreement shall be constructed as a contract made in England and shall be subject to English law.
NCCQ (UK) REVISION WORKSHOP CLINICAL CODING TRAINING MATERIALS PRODUCTS LICENCE AGREEMENT SCHEDULE – TERM SHEET.
1. THE PRODUCTS.
1.1 For Approved Experienced Clinical Coding Trainers:
• NCCQ (UK) Revision Workshop (3 days duration)
2. APPROVED CLINICAL CODING TRAINERS REQUIREMENTS FRAMEWORK AND CODE OF CONDUCT.
You have read documents below whether you are a 'commercial' or 'NHS-based' Approved Clinical Coding Trainer. You will comply in full with the requirements contained within the following documents:
2.1 For Approved Clinical Coding Trainers:
• Approved Clinical Coding Trainer Requirements Framework
• Approved Clinical Coding Trainer User Guide
• Clinical 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 NCCQ (UK) Revision Workshop Clinical Coding Training Materials will expire on 31 March 2017.
4. FEE.
In consideration for the media on which the NCCQ (UK) Revision Workshop 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 Licence Agreement, a licence fee of £300 plus VAT as an ‘Experienced’ trainer. Cheques are to be made payable to “Health and Social Care Information Centre”.
An NHS-employed Approved Experienced Clinical Coding Trainer that obtains a copy of the NCCQ (UK) Revision Workshop Clinical Coding Training Materials version 3.0 via the Technology Reference-data Update Distribution (TRUD) Service free of charge as part of their attendance on the 2016/17 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 LICENSED PURPOSES.
You wish to use the NCCQ (UK) Revision Workshop Clinical Coding Training Materials to deliver clinical coding training to NHS employees.