Subscriber Benefits:

 

Access to template policies and procedures that can help you with CQC registration – our template policies can easily be adapted for use whenever required, streamlining registration.

 
Subscribe

Terms & Conditions

Terms Of Service - CQCassist GP Limited

CQCassist provides a range of support tools and information for GP Practices, including internet-based risk assessments and assistance with Provider Compliance Assessments.

We want to make the CQCassist customer experience the best it can be. If you have any queries about our terms of use, please email info@cqcassist.co.uk.

CQCassist reserves the right to suspend or cancel a customer's access to any or all services provided by CQCassist when CQCassist decides that the account has been inappropriately used or otherwise.

Our business is continually evolving and as such we reserve the right to change our Terms & Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes that we feel you need to be made aware of proactively.

If you are using the services on behalf of another individual, you will need to make that individual aware of our T&Cs and that such individual will agree to be bound by the T&C’s below.

Note: all our services are covered by the General Terms & Conditions below,

Registration

In registering the practice with CQCassist, users will have unlimited access to its information.

The email address provided may be used by the CQCassist to communicate with you and to forward messages to you in relation to other CQCassist services if you choose to register for those services.

The security of log-in details provided by CQCassist upon registration is the responsibility of the practice.

Charges and Payment

All charges for the Services, as detailed in the Order Form/Invoice, shall be paid by the Customer to the Company annually in advance unless otherwise agreed between the Parties in the manner prescribed.

The Company reserves the right to vary all charges to the Customer with one month's notice but any such variation shall only take effect on the contract renewal date or the anniversary of the contract commencement date (whichever is the earlier).

Itemised details of excess usage of bandwidth and any other relevant charges may only be made available to the Customer if ordered in advance, but the Company in any event reserves the right to make additional charges for the provision of these details.

All payments shall be due to the Company on presentation of invoice or as otherwise stated. All payments shall be sent to the Company's registered office as set out in Clause 1.9 above or such other address as may be notified in writing from time to time by the Company to the Customer.

The Company reserves the right to charge interest on late payments at the rate of 5% above the Bank of England Base Rate in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2002.

All charges and tariffs are quoted exclusive of Value Added Tax.

The Company reserves the right to change payment terms and require deposits if the Customer is more than 30 days late in making payments during the term of the Agreement in addition to or in lieu of any other remedies set out in the Conditions or otherwise available at law or in equity.

User ID and Password

Your User ID and password will be used to verify your identity and to authenticate information you send. They will be held securely by CQCassist.

You must always keep your User ID and password safe and secret. There will be facilities to change your password if desired.

If you forget your User ID, you can ask for it to be re-issued either by post or online by contacting support@cqcassist.co.uk. Similarly if you forget your password, you can request a replacement to be sent to you either by post or online by contacting support@cqcassist.co.uk.

If you lose both your User ID and password, you will need to contact info@cqcassist.co.uk and formally request the User ID and password are resupplied.

Login

When registered, you can login to the members’ only section of the CQCassist website using your User ID and password.

Service

For the term of this Agreement, we shall provide you with access to the Service(s) in accordance with this Agreement.

The Service(s) continue to evolve in the light of business, market and technical developments. Accordingly, we reserve the right to make improvements, substitutions, modifications and to add or remove elements of the Service(s). You acknowledge that CQCassist shall not be liable to you or any third party for any modification, discontinuance or suspension of the Service(s).

Additionally, CQCassist reserves the right, in its absolute discretion, to change these Terms & Conditions by posting revised Terms & Conditions on our Website or by notifying you in the post. Amendments will be applicable upon publication. CQCassist will endeavour to notify you of any important changes but it is your responsibility to check periodically on our Website for any changes we make to the Terms & Conditions. Your continued use of the Service(s) after the posting of the changes to the Terms & Conditions means that you accept those changes.

Client data

You acknowledge and agree that we can use Client Data for the purposes of providing you with the Service(s).

You (or your agent or representative) will supply us with all data and other information we may reasonably request from time to time to allow us to supply the Service(s) to you. All data and information you supply will be, to the best of your abilities, true, accurate and complete.

Use of data

In consideration of payments made by you to us and subject to the following clause, we grant you for the term of this Agreement a non-exclusive and non-transferable right to allow you to use the Data for your own internal business purposes in the following ways and for no other purposes whatsoever:-

  • to save and import copies of the Data into electronic files for your own reference only;
  • to print out extracts from the Data for your own reference only.
  • to incorporate parts of the Data into internal research documents written by you for distribution and use within your organisation only.
  • to e-mail, or to attach to an e-mail, any such reports within your organisation for reference purposes only by recipients of such e-mails.
  • to incorporate and make insubstantial parts of the Data available via any corporate intranet you may operate.
  • to make available the Data to any consultants appointed directly by you for the sole purpose of providing to you advice based on the Data and for no other purposes whatsoever.

You shall not use the Data in any way which is not expressly permitted in the clause above. In particular, but without limitation:-

  • no sale, transfer, sub-licence, distribution or commercial exploitation of the Data is permitted, nor otherwise making such data available to or for the benefit of any third party.
  • none of the Data may be distributed (whether for commercial or non-commercial use) on any email sent outside of your organisation (other than in accordance with this Agreement), corporate extranet or other web-based product or services operated by or for you.

Confidentiality

Both parties will ensure that their respective officers, employees and agents shall maintain in strictest confidence and not divulge or communicate to anyone else any Confidential Information relating to the other except as permitted by this Agreement.

The obligations of the above clause above shall not apply to information which:

  • is already public knowledge, through no act or default of either of us;
  • either party is required to divulge by a Court, tribunal or governmental authority with competent jurisdiction;
  • was known to the recipient before the date of disclosure (as evidenced by written evidence) without obligation of confidentiality;
  • was subsequently obtained by the recipient from someone else without that person breaching any obligations of confidentiality that they have to either you or us.
  • is provided to the professional advisers of either of us for our internal business purposes.

Intellectual Property (IPR)

You shall retain ownership of the IPRs (if any) in Client Data.

Without prejudice to our obligations under the Data Protection Act , you consent to us, and any CQCassist Group Company, both for the term of this Agreement and afterwards, processing Client Data, incorporating it into the Data that you receive and the Database and making it available in an anonymous and aggregated form as part of any product or Service(s) of any kind that we may provide from time to time.

Subject to any underlying rights you hold as owner of the IPR in the Client Data, you acknowledge that any and all IPRs in the Data, the Database or in any products or Service(s) that are created from the Data is our property or that of our licensors.

We may terminate this Agreement immediately on notice, if you challenge the validity of any of our rights or those of our licensors as set out above.

Service Availability

CQCassist will try to ensure that the online service is available at all times i.e. twenty-four hours a day, seven days a week. If the service is interrupted, CQCassist or its agents will use all best endeavours to restore it as soon as possible. However access to the service may be suspended without notice. If the service is disrupted, it remains your responsibility to comply with any statutory time limits regarding the filing of information, statements and returns.

Security

You will comply with any rules and guidelines that we reasonably prescribe from time to time in relation to the manner in which we provide the Service(s).

Termination

Both parties may terminate the agreement by giving three months written notice in advance of the annual renewal.

We may suspend or terminate your access to the Services without prior notice if:

  • You are in breach of any of these Terms & Conditions or any revised Terms & Conditions that We may from time to time impose; or
  • You become unable to pay Your debts as they fall due.

Any suspension or termination of the Service under the above clause shall:

  • be without prejudice to:
    • any claim which We may have against You or any third party for any loss or damage sustained by Us as a result of any such breach by You; and
    • any sums already paid or then due or payable; and
    • any other rights accrued hereunder; and
  • shall not affect obligations which are expressed not to be affected by expiry or termination hereof’.

Force Majeure

Either or any party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement in such circumstances.

If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimise delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of this or these event(s).

Entire Agreement

This Agreement, along with any exhibits, appendices, addendums, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written.

The parties hereby acknowledge and represent, by affixing their hands and/or seals hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein

contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.

Indemnities

CQCassist - GP Ltd undertakes to use best endeavours at all times to support its clients, and to provide to the best of its ability the most up-to date information available. However, the Company cannot be responsible for any losses, damages, or penalties civil or otherwise that you incur that result from its failure in good faith to provide appropriate information or guidance, or for such losses as may be incurred by yourself as a result of your failure to meet required standards of the Care Quality Commission or other statutory body.

Applicable Law

This Agreement including any annexes and appendices shall be governed by and construed in accordance with the laws of England and Wales.

copyright©2018CQCassist.co.uk | Site Map