HSCN Connectivity Services Product Terms.
Product Terms
The following Product Terms apply if HSCN Connectivity Services are included within your Quotation. In the event of a conflict between the Product Terms and the applicable Terms and Conditions, these Product Terms shall prevail, but only to the extent of such conflict. Any capitalised terms used in this document shall have the meanings set out in the applicable Terms and Conditions (save where expressly provided otherwise below) and any additional definitions outlined below shall also apply.
1. ANS shall ensure that any HSCN Connectivity Services that it supplies pursuant to the Agreement shall have been awarded HSCN Compliance and shall retain at all times HSCN Compliance.
2. ANS shall ensure that any HSCN Connectivity Services that it supplies pursuant to the Agreement are delivered in accordance with the HSCN Obligations Framework.
3. The Customer shall ensure that any HSCN service consumer environment used to consume HSCN Connectivity Services supplied pursuant to the Agreement, shall be provided and maintained in accordance with the Connection Agreement;
4. Each of the parties warrants and undertakes that they shall throughout the term, immediately disconnect their HSCN Connectivity Services, or consumer environment (as the case may be) from all other HSCN Connectivity Services and consumer environments where specifically requested in writing by the NHS Digital CareCERT (or the HSCN Authority acting on behalf of NHS Digital CareCERT) where there is an event affecting national security, or the security of the HSCN.
5. The parties acknowledge and agree that the HSCN Authority shall not be liable to them or any other party for any claims, proceedings, actions, damages, costs, expenses and any other liabilities of any kind which may arise out of, or in consequence of any notification pursuant to clause 4 above.
6. Each of the parties acknowledges and agrees that clauses 4 and 5 are for the benefit of and may be enforced by the HSCN Authority, notwithstanding the fact that the HSCN Authority is not a party to this agreement, pursuant to the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt such appointment shall not increase any liability of the Supplier beyond the scope of their existing liabilities under the Agreement, the CN-SP Deed or the HSCN Obligations Framework.
7. ANS shall procure that any Material Sub-contractor shall comply with the terms of the Agreement in relation to their provision of HSCN Connectivity Services.
8. Where any level of standard, practice or requirement associated with any ANS obligation referenced in these terms and conditions, the HSCN Obligations Framework, the HSCN CN-SP Service Management Requirement Addendum or the HSCN Consumer Contract conflicts with another level of standard, practice or requirement associated with any ANS obligation or with Good Industry Practice, then the higher standard or requirement or best practice shall be adopted by ANS. In the event that ANS cannot determine which represents the higher standard or requirement or best practice, ANS shall seek guidance from the HSCN Authority which shall reasonably determine which is the level of standard, practice or requirement that is the most favourable from a HSCN Consumer perspective, and thus with which standard or best practice to comply.
9. If ANS fails to provide any part of the HSCN Connectivity Services as required under this HSCN Consumer Contract, it shall, in accordance with the guidance documentation published at https://www.digital.nhs.uk/health-social-care-network/connectivity-suppliers, be directly liable to the HSCN Consumer in respect of such HSCN Connectivity Services.
10. The Customer shall share all records and information with the HSCN Authority as are reasonably requested by the HSCN Authority in connection with the monitoring and operation of the HSCN network described in the HSCN Solution Overview Document.
In these Product Terms the following defined terms shall have the following meanings:
| CN-SP Deed | means the deed required by the HSCN Authority to be signed by any CN-SP in order for it or its subcontractor to deliver HSCN Connectivity Services; |
| Connection Agreement | means the agreement setting out the obligations and requirements for organisations wanting to connect to the HSCN, together with all documents annexed to it and referenced within it; |
| Consumer Network Service Providers or CN-SP | means an organisation that is supplying or is approved to supply HSCN Connectivity Services having achieved the appropriate HSCN Compliance; |
| Good Industry Practice | means the standards, practices, methods and procedures conforming to the Law and the exercise of the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged within the relevant industry or business sector; |
| Health and Social Care Network or HSCN | means the government network for health and social care, which helps all organisations involved in health and social care delivery to work together and interoperate; |
| HSCN Authority | means NHS Digital (the Health and Social Care Information Centre); |
| HSCN Compliance or HSCN Compliant | means a status as detailed in the document “HSCN Compliance Operating Model”, as set out at here, and as updated by the HSCN Authority from time to time; |
| HSCN Connectivity Services | means any service which is offered by a CN-SP to provide access to and routing over the HSCN; |
| HSCN Consumer Contract | means any agreement pursuant to which a CN-SP (or Sub-contractor of a CN-SP) agrees to supply HSCN Connectivity Services to a HSCN Consumer; |
| HSCN Obligations Framework | means the obligations as available at here which may be updated from time-to-time by the HSCN Authority; |
| HSCN Solution Overview | means the document containing the architecture and technical solution for HSCN (the latest version can be accessed at here); |
| Material Sub-contractor | means a sub-contractor (including any affiliate or group company) of a CNSP in relation to HSCN Connectivity Services which, in the reasonable opinion of the HSCN Authority, performs (or would perform if appointed) a substantive role in the provision of all or any part of the HSCN Connectivity Services; |
| NHS Digital Care CERT | means the NHS Digital Care Computing Emergency Response Team, that provide cyber security intelligence and advice to the Health and Care System using links across the public sector and with partners in industry. |