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Stage 5: Agreements

Summaries of the documents that detail the responsibilities, obligations and rights of the participant organisations

Overview

Guidance provided on the portal is not a substitute for reading and understanding the Connection Agreement, End User Organisation Policy and the documents referred to in each of the Connection Agreement and/or End User Organisation Policy and which are set out on this Portal.

The terms and conditions of use of the SMSP-PDS Service are fully described in the Connection Agreement (Supplier) and End User Organisation Policy (End User Organisation) and summarised below.

The Connection Agreement expressly reserves the possibility for supplemental terms and conditions to be added for each service in the form of Special Terms. The Special Terms for your services are listed below.

Connection Agreement

On confirmation of the End User Organisation approval, the Connection Agreement will be issued to the Supplier. This must be signed and returned to NHS Digital to allow Deployment to occur.

The attached Supplier Checklist is to assist the Supplier throughout the process in understanding their responsibilities. The checklist can be used when completing the Target Operating Model and when submitting/applying for any of the approvals.

End User Organisation Policy

On confirmation of the End User Organisation approval, the End User Organisation Policy and Cover letter will be issued to the End User Organisation. The End User Organisation must sign and return these to the Supplier, for submission to NHS Digital, to allow Deployment to occur.

Signature of the End User Organisation Policy provides confirmation that the organisation has assured itself and accepts its obligations and responsibilities as set out in the End User Organisation Policy. Signature of the End User Organisation Policy must be by someone with authorisation to accept the organisation’s responsibilities as set out in the End User Organisation Policy and, having entered into contract with the Supplier, approves use of the Service.

The End User Organisation also accepts that the TOM has been provided to assist the organisation in assuring the Service and there may be additional implications and risks to consider prior to acceptance.

The attached End User Checklist is to assist the End User Organisation in understanding their responsibilities. The checklist can be used when completing the Target Operating Model and when submitting approval of the Client as developed by the Supplier.

Special Terms

1         Connection Agreement – Special Terms

1.1        Dispute resolution

Nothing specific.

1.2        Data sharing requirements and policy

Data sharing requirements is dependent on the Usage and Setting as defined by the End User Organisation and the Connecting Party in the Target Operating Model (3 – End User Organisation Tab).

The Usage and Settings approval process includes a decision flow to determine whether such agreement is required or not.

The Connecting Party will not be able to on-board its customers until those End User Organisations have signed a Data Sharing Agreement with NHS Digital, where required.

1.3        Notice period for termination

Notice period for termination of the service will be defined in the written notification of the termination when issued to the Connecting Party. Its duration will be dependent on the following factors:

  • Number of connected End User Organisation sites
  • The care setting of the End User Organisation sites
  • The circumstances of the termination

 

Page updated: 12 June 2018