Thank you for agreeing to order Clarity’s MSF. By proceeding you are agreeing to enter a contract with Clarity Informatics Limited (“we”/ “us”), under which we will provide you with Clarity’s MSF (“service”). Full details of the scope of the service are set out at https://clarity.co.uk/msfservice/
Before you proceed please be aware that:
- The paper service that we provide involves a number of manual steps and relies on the postal service. Typically it takes 7 – 14 days to get a pack to you but if there are delays in the postal service it can take longer. We recommend that you use this service well in advance of any deadlines. As soon as you place your order, we begin work on printing and tailoring your pack, which means we start incurring costs. We get to work straight away to ensure you receive the pack as quickly as possible. It is not therefore possible to cancel your order after you have placed it.
- The “You Print” service that we provide requires you to print questionnaires. You will need to ensure that the quality of those print-outs meet our quality guidelines. The return of the questionnaires relies on the postal service, which may take 5 – 7 days to get the pack back to us. We recommend that you use this service well in advance of any deadlines.
- What we will do. We will provide MSF. See: https://clarity.co.uk/msfservice/ (which is updated from time to time to reflect enhancements to our service). You recognise that: (a) we will not review the content of completed packs; (b) we are not responsible for handling complaints or requests in relation to the content of completed packs.
- Fees. You will pay the fees specified in the order, plus Value Added Tax (VAT). You cannot cancel this contract after you have placed an order. Your only entitlement to a refund arises if we have not provided the service in accordance with these terms. As a matter of risk management, this refund entitlement is your only remedy against us for breach of this contract (or negligence).
- Duration of the contract. This contract begins when you proceed with this order and ends when: (a) we have completed the service in respect of the number of packs you have ordered; or (b) your licence to use our Appraisal Toolkit (ATK) software application terminates or expires. Termination of this contract will not affect your ATK licence.
- Compliance. You agree that you are authorised to order and use the service. You agree to use the service strictly in accordance with the law and any prevailing codes of practice / General Medical Council (GMC) guidelines. You agree not to make copies of any packs we have sent to you (or any of the content therein).
- Data. We shall not own (or claim ownership rights in any respect of) all data returned to us as part of the service. You will ensure that we shall be entitled to hold and process such data under this contract. Hard copies of completed forms / questionnaires held by us as part of the service shall be destroyed within six months of our receipt. Prior to destruction, we will scan the forms / questionnaires and retain an electronic archive copy. The electronic archive copy shall be retained for six years from the date of our original receipt of the paper original, after which it may be deleted at our discretion. We shall be entitled to charge for retrieval of MSF data held pursuant to this clause at our then prevailing rates for professional services (with a minimum charge of £100).
- Data protection. In relation to any Personal Data provided to us as part of the service, you are the Data Controller and we are the Data Processor, and we shall: (i) keep the Personal Data secure and take technical and organisational measures to ensure the continued security of the Personal Data; (ii) notify you if we receive: (a) a request from a Data Subject to have access to that person’s Personal Data; or (b) a complaint or request relating to the Customer’s obligations under data protection legislation; (iii) assist the Customer in relation to any subject access request, provided the Customer shall be responsible for Clarity’s costs in respect of such assistance, such costs capped at any applicable limit that is imposed by Data Protection legislation; and (iv) not Process Personal Data outside the European Economic Area without your prior written consent. For the purposes of this clause, “Data Controller”, “Data Subject”, “Personal Data”, “Data Processor”, and “Process” shall have the meaning specified in the Data Protection Act 1998 (as amended) and the EU General Data Protection Regulations 2018.
- Confidentiality. The contents of a completed pack are “Confidential Information”, which we agree to process in confidence. We may disclose Confidential Information to our contractors (or our group companies) to provide the service. We may also disclose Confidential Information if required by law or any regulatory body, or if we reasonably believe such disclosure is required to protect patients.
- Assignment / changes. Although this contract is personal to you and us, you may receive the service in your professional capacity. We shall be freely entitled to assign this contract to any company that is directly or indirectly controlled by any parent company of us. No changes to this contract shall be valid unless made in writing and signed by you and us.
- Entire agreement. These terms represent the totality of the contract between you and us. Conversations with our staff and sales/marketing literature do not form part of the contract. You agree that you have not placed reliance on such conversations/literature as any form of inducement to enter into this contract.
- Events outside of our control. We shall not be liable for any delay or failure in performing our duties under this contract caused by any circumstances beyond our reasonable control. Without limitation, the following shall be regarded as causes beyond our reasonable control: (a) act of God, explosion, flood, tempest, fire or accident; (b) unusual atmospheric conditions and unusual conditions in outer space which may affect signals to and from and the workings of satellites; (c) war or threat of war, sabotage, insurrection, civil disturbance or requisition; (d) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental agency or local authority; (e) import or export regulations or embargoes; (f) delays or interruptions in the UK postal service.
- Notices. Any notices delivered under this contract must be in writing. We may notify you using the email address that you have provided to us.
- Law. This contract is governed by the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales.