The Community Heartbeat Trust (CHT) Terms & Conditions 2020

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.

  1. 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.
  2. 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. Charities are not permitted to return donations.
  3. 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.
  4. Unless through a CHT Managed Solution, you acknowledge that your local scheme will own the equipment, and be responsible for insurances and any liabilities, inc VAT. If a CHT Managed Solution, CHT will own the equipment, and be responsible for any insurance.
  5. 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 to the community.
  6. The Managed Solutions agreement runs for a minimum of 4 years, and cannot be cancelled in this time period. 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.
  7. 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. NOTE: Any insurances are INVALIDATED if reports via the WebNos Governance system are not undertaken regularly (ideally weekly), or have not been undertaken for longer than 4 weeks between recorded reports. In the event of theft or damage, if reports have not been recorded as proscribed, then any replacement equipment under a Managed Solution will be charged for in full.
  8. Liaison with the ambulance service on registration and activation processes will be undertaken by CHT on your behalf. Please do not duplicate by attempting to register yourself directly.
  9. 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.
  10. CHT is a charity whose objects include to support the placement of community defibrillators. You waive the right to any claims against CHT.
  11. 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.
  12. Where possible and allowed for, please gift aid your donation as this helps CHT fund the cost of running the Charity. Help with fundraising is always welcome.
  13. Funds collected under the CHT name cannot legally be given to any other cause, and action may be taken to recover funds so used. Eg surplus funds being donated to another charity such as BHF, or funds collected with the help of CHT being used to buy equipment elsewhere, and not via CHT.
  14. 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 endeavours, notify the community of any delays. CHT is not permitted to offer credit terms.
  15. 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. Commercial agreements will be subject to VAT.
  16. Delivery will be to your scheme coordinator as advised to CHT, unless otherwise agreed. Where installation has been arranged via CHT, this installation is undertaken by an unrelated third party who are responsible for any warranties on work undertaken, etc., and is subject to VAT.
  17. You agree to arrange that any initial Community Awareness (Training) programme is undertaken through CHT for your community, and record the attendees on the WebNos Governance system where possible. Under a Managed Solution, an initial awareness session is mandatory, and all training must be undertaken by CHT or its appointed representatives, for insurance purposes.
  18. 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. Advertising is NOT permitted on the actual defibrillator itself as this is a requirement under the regulatory authorities.
  19. CHT may also use this location to help advertise the charity, and a mention of CHT should always appear in any of your publicity. A community press pack is available to help you.
  20. In the case of activation of the defibrillator, 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 weekly checks (or at least monthly in some circumstances) 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.
Failure to report via WebNos or other CHT authorised system, will also invalidate any insurances. All insurance claims are subject to an excess.
  21. 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, or where adoption has taken place.
  22. 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.
  23. Where a telephone kiosk is used as a housing site, the community will be responsible for the maintenance of the Kiosk, and its surrounds, even if the kiosk is owned by CHT.
  24. 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.
  25. All cabinet installations into ex-BT kiosks must be undertaken by CHT authorised installers.
  26. 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.
  27. 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, and for CHT to share your details with the local ambulance service only. (www.communityheartbeat.org.uk/gdpr-statement)
  28. CHT is regulated under the Financial Conduct Authority to offer insurance.
  29. All equipment warranties are those supplied by the equipment manufacturers.
  30. T&C’s are subject to regular revision, and you will be held in agreement to the latest version at all times. Please contact us for the most up to date copy, or seek information from the CHT website.
  31. CHT will never commercialise your data, or impose onerous terms on you. CHT does not currently support the ‘Circuit’ due to the onerous conditions of use, and the ability of the Circuit operators to sell and commercialise your data. CHT deals direct with ambulance services.

For the attention of sites currently working under a Managed Solution, the excess for insurance claims has changed to £250 from August 1st 2020 until further notice.

 

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