Terms and conditions of registration

Version 2.0
Date of publishing: November 2015

Introduction

The following terms and conditions apply to all services registered with an accreditation scheme of the Faculty of Occupational Medicine (FOM) Accreditation Unit.

Disclaimer

All services seeking or holding accreditation are required to comply with the following disclaimer.

The service:

1. Agrees to keep confidential the entire contents of the accreditation online system and accept that it is solely for our service’s own use in relation to self-assessment and accreditation.
2. Accepts that while the Accreditation Unit has taken reasonable steps to ensure that the accreditation standards and supporting material are fit for the purpose,
   1. This is not warranted and (to the maximum extent permitted by law) the Accreditation Unit will not have any liability to any service or any other person in the event that the accreditation standards are not fit for such purpose.
   2. The provision of services in accordance with accreditation standards and the awarding of accreditation does not guarantee that the service will comply with its legal obligations to any third party (including the proper discharge of any duty of care) in providing such services.
   3. Accreditation does not provide a guarantee or undertaking of the service’s ongoing performance at the assessed level (although this would be expected).
3. Agrees to pay fees as communicated at time of registration. If an assessment is cancelled after a date is agreed by the Accreditation Unit and the service, any cancellation or postponement will incur a cancellation fee.
4. We further acknowledge and accept that non-payment of our annual fee may result in withdrawal of accreditation and/or access to the online accreditation system. Fees may be revised with due notice given.
5. Agrees that any failure to comply with the accreditation standards may result in a request to provide immediate evidence of compliance, failure of which may result in the withdrawal of accreditation.

Confidentiality

The FOM Accreditation Unit and its agents agree to maintain confidentiality at all times. All parties agree not to use or disclose to any third party, any information provided by services in the process of accreditation.

Exceptions include: any information that may already exist in the public arena; any information that may be legally required during the process of any court proceedings or; any information that may be required during an investigation by a legally binding organisation, such as the healthcare regulator.

Information will be held under the FOM’s Information Governance Policy.

Activities provided

1. The Accreditation Unit will facilitate accreditation, annual renewal and reaccreditation of services.
2. The Accreditation Unit will offer a place on a training workshop for one person from each registered service.
3. The Accreditation Unit undertakes to apply the accreditation standards consistently by ensuring only trained assessors are enlisted to complete assessments. The service will be notified of the assessment team in advance of their assessment and any objections to individual members on the basis of a conflict of interest will, wherever possible, be accommodated.
4. When a service achieves accreditation, an accreditation certificate will be provided which sets out the length of accreditation and any conditions, such as the requirement for annual renewal.
5. Any changes to the accreditation methodology will be advised to all services with due notice.

Service requirements

The service undertakes:

1. To provide any information and facilities and to afford the Accreditation Unit such reasonable access and cooperation as may be necessary to conduct an assessment.
2. Not to take any action or use the accreditation (or its representing brand or logos) in any such manner that may harm its reputation or that of its affiliated contractors, partners or representatives.
3. To inform the Accreditation Unit of any planned changes which may bear upon the service’s conformity with this agreement and with the accreditation standards or may otherwise affect, or potentially affect, the service’s capability or scope of accreditation, including but not limited to the following changes:
   1. Ownership
   2. Legal, commercial or organisational status
   3. Key organisation or management capabilities
   4. Personnel, equipment, facilities, working environment or other resources, where significant
   5. Premises.
4. To withdraw from circulation any reference to accreditation should the service have accreditation withdrawn, subject to an appeals process.
5. To assist the Accreditation Unit in the investigation and resolution of any properly authenticated complaints made by third parties about the service’s accredited activities.
6. To ensure that assessors and employees, when attending the service’s site/s for the purpose of assessment, are provided with such personal protective equipment (PPE) as may be necessary to reduce risks to an acceptable level and meet any applicable legal requirements.
7. The Accreditation Unit shall not be liable to the service for any loss of profit or any indirect, special or consequential loss, damage, costs or expenses or other claims resulting from assessment if due process has been followed.

Appeals

Appeals against decisions made in regards to accreditation (including granting, denying or extending accreditation) will be processed in accordance with the Accreditation Unit Appeals Policy.

Termination

This agreement shall continue in force unless and until terminated by either party by giving 90 days’ written notice to the other.

At the date of termination of this agreement by either party, the accreditation status shall immediately cease to be valid.

Any termination of this agreement, however caused, shall be without prejudice to any rights or liabilities of the parties which have been accrued on or before the date of termination, but neither party shall have any rights to require performance of or liabilities to perform this agreement after such date.

Force Majeure

No failure or omission by either party to carry out or observe any of the stipulations, conditions or warranties to be performed as set out in this agreement shall give rise to any claim against such party or be deemed to be a breach of contract to the extent that such failure or omission arises from causes reasonably beyond the control of such party.

Assignment

Except as otherwise agreed by the parties in writing this agreement shall not be assigned in whole or part.

Third parties

No person (other than officers, employees or agents of the Accreditation Unit) who is not a party to this agreement has or should have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement and consent of any person who is not a party shall be required under that Act to any cancellation or variation of this agreement.

Law and jurisdiction

This agreement shall be governed and construed in accordance with English law. The parties hereby submit to the exclusive jurisdiction of the English courts.