The Community Heartbeat Trust (CHT)                                                 Terms and Conditions 2018

 

Please note that by working with the CHT Charity you are agreeing to be bound by these terms and conditions (T&C). This is to ensure that the right and correct governance is put in place with respect to your defibrillator, and to ensure the local requirements of the ambulance services are also met. Not all conditions may be relevant to you.

The CHT has a contract or Memorandum of Understanding (MoU) in place with the ambulance services. By signing these T&C there is normally no need for extra agreements to be in place with the ambulance services.

•         Any donation to the CHT must be made prior to the provision of any equipment. Any cheques are to be made payable to The Community Heartbeat Trust.

•         CHT may facilitate fund raising for you, and hold monies for you. These will be held in a reserve account specifically for your project only. Funds held may only be used for the purpose they have been collected, and may not be returned for other uses.

•         You recognize that the CHT is only responsible for helping donate this equipment to you and any warranties on the equipment are held directly with the manufacturers.

•         Unless through a CHT Managed Solution, you acknowledge that your local scheme will own the equipment, and be responsible for insurances and any liabilities. If a CHT Managed Solution, CHT will own the equipment, and be responsible for any insurance.

•         If a Managed Solution, the equipment to be used for the scheme will be chosen by CHT. CHT will only accept a limited liability on equipment not classified as Tier 1 in the CHT classification, or that bought originally via third parties. CHT will only accept existing manufacturers warranties, if still in existence. If an adopted site, CHT reserves the right to swap out equipment to the Tier 1 standard if required, and pass any cost on.

•         The Managed Solutions agreement runs for a minimum of 4 years. At the end of this period the community can take back the equipment for £1, or ask CHT to continue the Managed Solutions provision. In the event of CHT ceasing trading, the equipment ownership transfers to the community for £1, plus any outstanding VAT.

•         You agree to be responsible for the correct function and maintenance of the equipment supplied, and agree to record any checks, installation details, any out of service notification, and any resupply requests via the CHT WebNos Governance system.  CHT will provide you with sign on details for this governance system. Your local ambulance service has access to this governance system.

•         Liaison with the ambulance service on registration and activation processes will be undertaken by CHT on your behalf.

•         You agree for CHT to arrange ordering and donation of the equipment agreed, and agree to CHT retaining any donation given in the event of any cancellation of a project.

•         CHT is a charity whose objects include to support the placement of community defibrillators.  You waive the right to any claims against CHT.

•         Prices quoted are only a guide to cover CHT costs for the equipment mentioned above, but do not form any binding contract or linkage to your donation, which may be more than, or less than, the guide figure advised.

•         Where possible and allowed for, please gift aid your donation as this helps CHT find the cost of running the Charity.

•         Delivery on new equipment will be approximately 2-4 weeks following receipt of funds, depending on availability of component parts. CHT are not responsible for any delays in delivery from suppliers, but will under best endeavors, notify the cimmunity of any delays.

•         Your donation value excludes any VAT where applicable. Where VAT cannot be reclaimed by the Charity, it would be useful to us if this was added to your donation. If your organisation is a registered charity and claiming VAT exemption under HMRC rules, then please provide a copy of the VAT exemption certificate with your order for forwarding to the equipment supplier as the end user.

•         Delivery will be to your scheme coordinator as advised to CHT on this form.

•         You agree to arrange an initial Community Awareness (Training) programme through CHT for your community, and record the attendees on the WebNos Governance system where possible.

•         If you wish to place advertising on the cabinet, the CHT logo and web address must always be visible, and must not be obscured. Also the ILCOR AED logo and any safety details must always be clearly visible.  Ambulance service logos and NHS logo are not permitted on the equipment unless specific permission has been agreed with your local ambulance service, and are in compliance to the NHS Standards Bureau.

•         CHT may also use this location to help advertise the charity, and a mention of CHT should always appear in any of your publicity.

•         In the case of activation, it is necessary for the ambulance service to have confidence that the equipment is in a ready state and usable, and to report such incidents and ensure that the equipment is made fully operational after its use. Therefore, you are required to provide monthly checks (weekly if possible) on the ready state of the defibrillator, and report this via the WebNos Governance system. Failure to report monthly checks may mean that the local ambulance service will not record the defibrillator site on their Command and Dispatch system (CAD), or may not activate it in an emergency.

•         The above governance requirements also apply to where the defibrillator has been supplied by a third party, but where CHT supply the cabinet and/or other services.

•         Where the defibrillator and cabinet are to be placed upon a site owned by a third party, then a hosting agreement with the community must be in place identifying their liabilities, or absolving the third party from any liabilities. If a Managed Solutions site, this MoU will be enacted by CHT.

•         Where a telephone kiosk is used as a housing site, the community will be responsible for the maintenance of the Kiosk, even if the kiosk is owned by CHT.

•         Only equipment supplied by CHT is allowed to be connected to the un-metered supply in the

            telephone Kiosk. This must be low voltage Class 2.

•         Where a kiosk is used, only CHT is allowed under agreement with BT to place telephony

            equipment back into the kiosk. This equipment will remain only whilst the project is partnered

            with CHT.

•         CHT is registered with the ICO for data protection (GDPR from May 2018). By signing these T&Cs you are agreeing for CHT to hold your data for management purposes.

•         CHT is regulated under the Financial Conduct Authority with Balens Ltd to offer insurance.

•         All equipment warranties are those supplied by the equipment manufacturers.

•         T&C’s are subject to regular revision. Please contact us for the most up to date.

Disclaimer

Please make sure you have read and understood this disclaimer - It will be assumed that you have read prior to CHT receiving any request. CHT are not responsible for your fund raising, nor your cPAD operations, but may assist in both. CHTs only aim is to support the installation of a cPAD scheme in the most cost effective way possible adhering to Best Practice, and help save lives in your community. This website, and any downloaded information, is for information only on how to go about obtaining and installing a cPAD, and other relevant information. All copyrights and trademarks are recognised. All support for the cPAD will be undertaken by the village committee responsible and via standard manufacturers warranties. Any training organisation will only be responsible for the initial awareness training and not for the functioning or maintenance of the AED. Please do not send any monies to CHT until you have registered your scheme with us, and have agreement from the local ambulance service for the establishment of a cPAD scheme. All schemes must be registered with the local ambulance service (CHT will also undertake this or you can do via this site, but this does not remove responsibility for you to notify the local ambulance service of your AED location). 999/112 (ambulance) must always be called prior to using a cPAD equipment. VAT may be applicable if your organisation is not an eligible body as defined by HMRC. All current or historical claims for VAT will be met by the local community. All schemes will be asked to sign an agreement taking responsibility for their own fund raising and donations to CHT, and then the operation and maintenance of the cPAD equipment. All CHT provided schemes will need to manage their maintenance through the WebNoS online system as a condition of CHT support. It is your responsibility to maintain the equipment in working order and to make sure the local ambulance service is aware of this. WebNoS makes this possible and also acts as an audit trail for management of the equipment. Sites provided by CHT and not using WebNoS may be disengaged from the ambulance service CAD systems. Any web site showing defibrillator locations is for information only, and should not be used in preference to dialling 999. CHT works in close cooperation with the UK ambulance services. Always dial 999 in an emergency

Registered Charity Number - 1132824