Service Agreement Terms and Conditions

JAG Accreditation is professionally-led with the aim of improving services, care and safety for patients undergoing endoscopy procedures. The process of accreditation offers the benefits of sharing best practice and the opportunity to enhance efficiency, and provide evidence for local leverage. It also provides evidence to support revalidation and brings national recognition to the service with a badge of quality.

Information is made available to commissioners, and used by the Care Quality Commission in England in Quality Risk Profiling. JAG Accreditation is a requirement of the Bowel Cancer Screening Programme (England). Accreditation status is now available on the JAG and NHS Choices (England) websites to support informed choice.

Fees

For details on fees please see the Guide to the JAG Accreditation Scheme available at:

www.thejag.org.uk/AboutUs/DownloadCentre.aspx

The annual fee includes

  1. Award of accreditation on an annual basis subject to satisfactory GRS returns and a satisfactory Annual Report Card
  2. A formal accreditation visit every five years (and one revisit if deemed necessary)
  3. JAG services (JAG visits web tool, support, and download centre)
  4. Access to the GRS tool and GRS reports
  5. Access to the Knowledge Management System
  6. Access to the JETS scheme and portal for JAG-Accredited training courses
  7. Regular updates from newsletters and website articles
  8. Productivity and planning tools

To gain access to the Accreditation System, an endoscopy service pays the annual fee. This fee is non-refundable and endoscopy services will be invoiced upon receipt of the application. Payment should be made within 30 days.

Visits are defined as:
Full JAG Accreditation site visit - this is either the first accreditation site visit to award JAG Accreditation or five yearly site visit. Both types of this visit are included within the annual fee.
Re-Visit - a site visit or remote review of documentation within a maximum of 6 months of a JAG Accreditation site visit. This visit is to confirm any key actions outlined within the JAG Visit Report have been completed satisfactorily. One re-visit is included within the annual fee.
Triggered visit - this is when a site has undergone a new building programme, significant extensions to existing premises, added additional rooms, or new decontamination equipment. A visit must be requested within 3-6 months of the changes or unit’s accreditation status will be suspended. Triggered visits are charged at a rate of £1,000 plus travel and associated costs.

Additional Costs

Most expenses incurred by the JAG Office during the process of accreditation have been reflected within the basic costs outlined in the fee structure. If additional costs are payable by an endoscopy service, the JAG Office undertakes to provide a minimum of 90 days’ notice of these costs.

Training Days

The JAG Office is able to arrange training days on “How to pass your JAG Accreditation”. Please contact the JAG Office for details including costs.

Quality Improvement Support

A Quality Improvement Support (QIS) service is available to endoscopy units that wish to benefit from a visit by experienced QI advisors who have worked with many other endoscopy units preparing for JAG Accreditation or looking to improve their service. Options include either a full consultation and full report, which would usually involve a nurse lead, a clinical lead and a training lead (depending on whether a unit carries out training) for a day’s visit, or a consultation to focus on one particular aspect of the service by one or more consultants on a shorter visit. Please contact the JAG office for advice on fees for this service.

Cancellation of Formal Visit

The date of an endoscopy service JAG Assessment is scheduled no less than three months in advance. It is on this basis that the cancellation terms will apply:

  1. Once a date is agreed by the JAG Office and the endoscopy service, any cancellation or postponement after this time is likely to incur a cancellation charge.
  2. Any cancellation fees will be in addition to the agreed annual accreditation fee.

Changes to Endoscopy Unit Premises

It is the responsibility of the Endoscopy Services to inform the JAG Office if they move to a new site or make changes to the physical environment of their existing unit(s) as this will affect their accreditation status or require a visit by JAG Assessors. This will be charged at the triggered visit rate.

Disclaimer

In addition to accepting the terms and conditions outlined above and within the JAG Agreement, all endoscopy services seeking or holding JAG Accreditation are required to comply with the following Disclaimer.
We

  1. Agree to keep confidential the entire contents of the JAG Accreditation System and accept it solely for our endoscopy service use in relation to self-assessment and accreditation.
  2. Accept that while the JAG Office has taken reasonable steps to ensure that the JAG Standards, supporting commentary and sample outcome measures in respect of the delivery of endoscopy services comprised in the JAG Standards are fit for the purpose of accrediting the providers of endoscopy services
    1. This is not warranted and (to the maximum extent permitted by law) the JAG Office will not have any liability to any endoscopy service or any other person in the event that the JAG Standard is not fit for such purpose.
    2. The provision of endoscopy services by a service provider in accordance with the JAG Standard and JAG Accreditation to such endoscopy services does not guarantee that the endoscopy service will comply with its legal obligations to any third party (including the proper discharge of any duty of care) in providing such endoscopy services.
  3. Agree to pay all basic costs as advised within this document or within a superseding document provided to us within reason. We agree to pay any other costs, provided there has been no less than 90 days’ notice from the JAG Office. We further acknowledge and accept that non-payment of our annual fee will result in withdrawal of JAG Accreditation and/or access to the JAG Online System.

Services

  1. The JAG Office will facilitate through the JAG Accreditation system, accreditation site visits every 5 years and an annual accreditation of endoscopy services through the April GRS Census and the Annual Report Card.
  2. The JAG Office undertakes to apply the standards (being the primary criteria for accreditation) consistently by ensuring only JAG approved Assessors are enlisted to complete assessments. The endoscopy service will be notified of the JAG Assessment Team in advance of their assessment and any objections to individual members on reasonable grounds will, wherever possible, be accommodated.
  3. The service must have achieved two GRS returns over a year to the required standard (all scores to be level B or above, and level A for timeliness in the whole Trust/Organisation) and have a record of audits.
  4. All endoscopy services are required to successfully meet the following requirements to achieve and maintain JAG Accreditation:
    1. Have a successful initial JAG Accreditation physical visit to the unit and one every five years thereafter,
    2. Achieve level B in the April census each year,
    3. Successfully achieve the key performance indicators included in the Annual Report Card each year,
    4. Comply with any other requirements that JAG may reasonably set, including a visit within three to six months of a new build or structural changes.
  5. When an endoscopy service achieves JAG Accreditation, a JAG Accreditation Certificate will be provided to the service, alongside an Accreditation Visit Report.
  6. The annual report card submission is a key requirement of the scheme and failure to maintain accreditation through this process will result in withdrawal of JAG Accreditation.
  7. Any changes to the JAG Accreditation methodology will be advised to all endoscopy services with due notice. The JAG Office will take into account any expressions of opinion by affected parties prior to effecting these changes formally.
  8. Any failure to comply with the JAG Standards will result in a request to provide immediate evidence of compliance, failure of which will result in the withdrawal of accreditation.
  9. An endoscopy service will receive JAG Accreditation based on the true and correct facts presented via the remote submission and an onsite assessment. JAG Accreditation does not provide a guarantee or undertaking of the endoscopy service’s ongoing performance at the assessed level (although expected). The JAG Office will not be held responsible for any oversights by the endoscopy service that would deem it unsuitable for JAG Accreditation.

Endoscopy Service Requirements

The endoscopy service undertakes:

  1. To provide any information and facilities and to afford the JAG Office such reasonable access and cooperation as may be necessary to conduct a JAG Assessment.
  2. Comply with this agreement and with the JAG Standards.
  3. Not to take any action or use JAG Accreditation (or its representing brand or logos) in any such manner that may harm the reputation of the JAG Office or its affiliated contractors, partners or representatives.
  4. To inform the JAG Office of any planned changes which may bear upon the service’s conformity with this agreement and JAG 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
  5. To withdraw from circulation any reference to JAG Accreditation should the endoscopy service have accreditation withdrawn at any time, subject to an appeals process.
  6. To assist the JAG Office in the investigation and resolution of any properly authenticated complaints made by third parties about the endoscopy service’s accredited activities.
  7. To pay such fees and charges as are due to the JAG Office in accordance with the fee structure.
  8. To ensure that JAG Assessors and employees, when attending the service’s site/s for the purpose of JAG 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.

Confidentiality

The JAG Office will share accreditation data with appropriate bodies i.e. NHS Choices, the UK Bowel Cancer Screening Programme, the CQC and Trust representatives.

Appeals

Appeals against decisions made in regards to JAG Accreditation (including granting, denying or extending accreditation) will be accepted and processed in accordance with the JAG Appeals Policy, which is available from the JAG Office on request.

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 JAG Accreditation Certificate 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.
Upon termination of this agreement for any reason:

  1. Notwithstanding any other provisions of this agreement, the terms of Termination, Confidentiality, Liability and Indemnity (as outlined in the agreement above shall continue in force in accordance with their terms; and
  2. All fees and charges accrued (but unpaid) pursuant to this agreement shall forthwith become due and payable

Liability

In providing the service(s), information or advice, neither the JAG Office nor any of its officers, employees or agents warrants the accuracy or completeness of any information, review, audit, accreditation or advice supplied. Except in respect of death or personal injury caused by the JAG Office’s negligence or as set out herein, neither the JAG Office nor any of its officers, employees or agents (on behalf of each of whom the JAG Office has agreed this clause) shall be liable to the endoscopy service for any loss of profit or any indirect, special or consequential loss, damage, costs or expenses or other claims (whether caused by the negligence of the JAG Office, its officers, employees or agents or otherwise) which arise out of or in connection with the provision of the services or their use by the endoscopy service by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law or under the express terms of this agreement, and the entire liability of the JAG Office under or in connection with this agreement shall not exceed £5,000 or the agreed annual accreditation fee.

Indemnity

The endoscopy service undertakes to indemnify the JAG Office against any losses suffered by or claims made against JAG as a result of:

  1. Misuse by the endoscopy service of the Accreditation Certificate, Accreditation Report or any other confirmation documents that may be granted by the JAG Office or as a result of any breach by the endoscopy service of this agreement.
  2. Misuse by the endoscopy service of the JAG / GRS Accreditation marks, logos or otherwise identifiable illustrations.

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 JAG) 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.

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