A Covid Test Service
This Service Level Agreement (this “Agreement”) is made as of DATE(Insert Date)
and between MyLocalTest Trading As Propharma-UK Ltd(Propharma), a company
based at Unit 1, 50 Windsor Avenue, London, SW19 2TJ and NAME (“Customer”),
and referred to as Service Provider Partner, with its usual place of business at
located at:
1. RECITALS
- Propharma operates a software portal called “MyLocalTest’ (the Portal) that allows the Portal Service Users’ to book Covid-19 tests.
- The Service Provider Partner has the necessary environmental and storage conditions acceptable to the operating of a Covid Testing service.
- The swab test kits are for people of all ages planning to travel abroad or who are returning to the UK who need a certificate/document to demonstrate that at the time of testing they did not have an active COVID-19 infection either using PCR or Lateral Flow Device (LFD) testing solutions.
- The Quality Manual which describes the Quality Management System of the Covid-19 swab-sampling business. All Service Provider Staff sign up to the understanding and application of the standards given and are expected to keep up their knowledge in delivering the different service parameters and this will be validated in competency assessments.
- The test is not suitable for Service Users who have COVID-19 like symptoms– and they should follow the government guidance regarding self-isolation and testing.
- As regulations might change and differ depending on the method of transport, countries and destinations it is the Service Users sole responsibility to check for the most up to date information.
- Useful details can be found at: https://www.gov.uk/foreign-travel-advice
- For travellers leaving (Fit to Fly) and or returning to the UK (Pre-departure Test), Service Users need to demonstrate that the date of the sample collection (not the result) took place a maximum of 48 - 96 hours prior to their journey taking place.
- For travellers arriving in England Service Users need to demonstrate that they are Covid Free by being Tested in order to be Released. (TTR or Test to Release)
- Companies may also require their employees to have a Covid test.
- The role of the Customer is to take a Sample from the Service User using the Covid Test Or Kit.
- Taking of the Sample is carried out by a Healthcare Professional that is on the Approved Register to take a Swab sample for either PCR or Lateral Flow Device (LFD) tests with Propharma.
- The guidelines as to how to take a Sample are contained in each Covid Test Or Kit and further in the User Manual.
- Prior to booking the Service User will complete their details using the Portal.
- Should the Service User request a test Onsite at the Customer site without a prior online booking the Service Provider Reception staff will make sure the Service User completes the booking form online or directs the Service User to the website, (www.mylocaltest.co.uk) using their Smartphone to complete themselves.
- In order to carry out the Covid Testing service the Customer will appoint Service Provider Staff & Reception at their site and must ensure that they have the required equipment and are responsible for following the Procedures in carrying out a Pre-examination of a Service User.
- All records of Samples taken at the Customer Site, including Order Requisition Forms, Complaints & Feedback forms, Nonconformity forms, Courier Collection receipts are provided for use by Propharma.
- Any Noncoformities recorded for any test materials, testkits or any other medical devices that are not fit for purpose and there has been an incident in this regard will be reported to the MHRA Yellow Card Portal, also the relevant instructions provided to the Customer.
2. APPOINTMENT
- Propharma is duly licensed, and is certified under all applicable regulations, and at which it provides Covid-19 testing services (“Covid Testing”, and each test, individually, a “Covid Test”); and
- The Customer desires to contract with Propharma to provide Covid Testing for Service Users that wish to travel abroad or have returned from abroad or for business purposes or for workplace testing.
- Propharma and the Customer desire to enter into this Agreement to define their respective rights and responsibilities.
- Prerequisites. As conditions precedent to the operation of this Agreement, Propharma shall ensure that its personnel or contracted laboratory, who will be providing Laboratory Services herein, shall as necessary, hold a current valid UKAS accreditation.
- Where the Customer does not have an accredited clinical waste collection service, Propharma-UK will appoint Initial Medical Service to collect clinical waste in the different coloured bins provided.
- Samples will be collected by Propharma appointed couriers based on the Service User requirement.
3. PARTNERS RESPONSIBILITIES
- The Covid Test is carried out by a Healthcare Professional on the Customer’s site, Each Service Provider Partner Staff will be duly authorised by Propharma and be on the approved register to carry out the type of testing, POCT (Lateral Flow Device (LFD) method) or PCR. The Customer has the necessary technology in place to access the Portal and communication in place to receive messages from Propharma and/or Service Users or other parties.
- Customer is responsible for the segregated, restricted access only testing area, which is kept separate and secure at all times during reception, pre-examination and storage and this will be maintained in accordance with the procedures. Service Provider Staff are responsible for sanitising the Test area following each Service User appointment.
- Customer will ensure that any waiting or queuing is done in a Covid-19 secure manner in compliance with all applicable laws and regulations.
- Healthcare Professionals carrying out their role for the Service Provider Partner are known as Service Provider Staff.
- Those engaged in the meeting and greeting of Service End Users are known as Service Provider Reception Staff.
- Service Provider Partners, Staff & Reception will be given guidance and instructions on how to perform the operations of the Covid testing service, all members are required to perform their roles in line with the Quality Procedures, Training and Observations and are required to complete Competency based assessments to ensure their work meets and continues to meet the standard as laid down in the Quality Manual and Policies at Propharma. All Service Provider Partners, Staff and Reception are to be involved in Audit exercises to ensure maximum benefit in offering the Covid Test service.
- Any Healthcare Professional carrying out the Covid Test should wear PPE at all times and comply with applicable laws and regulation in carrying out the testing (training provided), including but not limited to Control of Substances Hazardous to Health 2002 and the relevant Procedure.
- The Reception staff at the Customer site on entry checks the Portal Data Record for the User by confirming Unique Order ID (emailed to the Service User on successful booking) and confirming the Appointee’s Name and Date Of Birth.
- Once the Service User identity is confirmed then the healthcare professional must gain verbal informed consent, check the box on the Order Requisition Form that Verbal consent has been given, before conducting the test. The Service Provider Staff then uses the Covid Test Kit supplied to swab the back of the patient’s throat and their nostrils whilst performing the test with reasonable skill and care and in accordance with the training, procedures, guidance and applicable regulations;
- Service Provider Staff must take care in following the Sample Collection instructions as per the User Manual and in getting verbal consent, then enough of the Sample and then readying the Sample for further processing, Further guidance is given in the User Manual.
- Once the test is completed, for a Covid PCR Swab the Service Provider Staff conducting the test places a label affixed to the Sample Collection Tube hand writing the details ensuring that the Full Name and Date of Birth and Unique Order ID and are clearly written. A second document must be completed and placed outside of the Sample Collection Tube bag and inside the box, an Order Requisition Form that goes with the testkit to the Referral Laboratory, to include Unique Order ID, Date of Birth and Full name, Passenger locator form number (if known) and Test Kit ID number. Service Provider Staff will be held responsible for any non conformities to this procedure.
- The Covid Test needs to be placed in the Sample Collection Tube and placed in the Sample Collection Bag, ensuring the absorbent cloth is present and the outer Courier Collection bag is labelled with the address of the Referral Laboratory, along with the completed form described above and placed in packaging supplied to await collection by the designated courier.
- In addition to x) for Lateral Flow tests the healthcare professional must place the lateral flow test kit in the area directed on a completed Order Requisition Form prior to taking a photograph which is uploaded to the Portal.
- You must update the Portal record once the test has been conducted so that the Transport Manager can arrange the courier, this process alerts Propharma that the Customer has a sample awaiting collection.
- All Sample Collection Bags for that day will be transported to the Testing Lab by Courier this may happen more than once in a specific day
- The Customer agrees to store all samples not collected on the same day in a fridge overnight.
- All reporting to PHE and respective government bodies is the responsibility of Propharma and is performed on a daily basis.
- For the purposes of testing by Lateral Flow Device (LFD) method the Customer must notify Propharma of any adverse reaction to the test using the relevant documentation and if any, report via the Yellow Card MHRA Portal for Covid.
- It is the responsibility of the Service Provider Staff to ensure that all data has been entered correctly, that the test has been performed according to the guidelines described in the User Manual and that if an image is required that the image is clear.
- The Service User receives notification of the result by email. You will not be informed of the result.
- Service Users may on occasion need to reschedule the date or time of a prebooked appointment and if they do they may contact you directly. Follow the procedures for rescheduled appointments.
- For any cancellations refer to the User Manual for guidance.
- The Customer agrees that their site details will be published on the mylocaltest.co.uk (Portal) website
- The Customer agrees to pay all fees charged by Propharma for services and products delivered unless a prior credit limit has been agreed.
- Customer agrees not to approach or attempt to approach any of Propharma suppliers direct.
- Customer agrees that in signing this Agreement they will not disclose any materials, processes, costs to any third party.
- Customer agrees to return all property provided by Propharma including software, supplies, collateral material, price schedules etc. which shall have been provided to Customer without charge, upon termination of this Agreement, or upon written request by Propharma for whatever reason.
- Customer agrees to cooperate in an independent or internal quality assurance programme that will be run to ensure Service Provider Partner sites are performing at the appropriate level, this will be phased over time and the QA plan and timelines will be agreed with the Customer. Further guidance will be provided on the timing and scope of this process.
- Customer agrees to safely dispose of any waste, including discarded samples, testing kits, kit peripherals and PPE, and any waste suspected of being contaminated, in accordance with the Quality Procedures as laid down and have a waste disposal contract in place with a regulated waste carrier.
- Customer agrees to report any material problems or incidents as a result of performing Covid Testing services to Propharma as soon as reasonably practicable in accordance with any processes agreed from time to time, save that any serious incident shall be reported as soon as possible (in any event within 24 hours of the incident.
- For the avoidance of doubt, the Service Provider Partner Staff have the right to deny a potential Service User who is displaying symptoms of Covid-19 from participating in the Covid Testing and shall instead direct the individual to the appropriate symptomatic guidelines and practices.
- Propharma will provide collection requirements and Customer shall comply with the requirements concerning correct sample collection procedure, and preparation. Failure to comply with the specimen collection requirements or specimen identification information may result in one of the following, at Propharma' s discretion: a. Delay in the provision of Laboratory Services. b. A waiver of Propharma ' s obligation to perform the specific Laboratory Service.
4. PROPHARMA UK’S RESPONSIBILITIES
- Propharma assumes all sales and marketing expenses.
- Propharma will promote Covid Testing to the public and private sector.
- Propharma agrees to provide software, equipment and online product and portal training. All Consumables and Materials provided are for the exclusive use of delivering a Covid Testing Service and are appropriate for use by the Customer to carry out the Testing in accordance with the Guidance, applicable instructions for use; and
- Propharma supplies are of the necessary quality and standard to enable the Customer to carry out the Covid Test Service and free from material defects. Subject to, if the Customer notifies Propharma that any supplies have material defects, Propharma shall endeavour to provide replacements, in the event of a Recall, the Customer is responsible in having the affected materials ready for collection by Propharma
- Propharma will provide on-going training and competency based assessments for all authorised personnel engaged in Covid Testing Services, this includes incoming receipt of the Service User to the Customer site, Swab Sample taking, Personal Protective Equipment, Anti Infection Control procedures for the test area etc.
- Propharma will provide a reasonable level of advice and support to the Customer on matters relating to the Testing
- Propharma will provide references to the Covid Testing Service at the Customer’s Site, in terms of Point of sale displays, Patient Information Leaflets and a Customer telephone line for any Service User to contact following a Covid Test.
- Propharma will arrange for pick up and delivery of all Samples to the Referral Laboratory and will give guidance on the correct storage of Samples waiting for collection or further processing.
- Propharma will provide any Test results and/or Certificates directly to the Service User in a timely manner. The minimum standards for these reports will be as per the regulatory guidelines.
- Propharma will report all test results to PHE via the SGSS portal
- Propharma will report any adverse incidents to MORE
- Propharma will inform all Service Users who have tested positive to self-isolate and of their responsibilities according to Government guidelines
- Propharma will manage all Service User cancellations and refunds, where those funds are taken by Propharma.
- Propharma agrees to pay Customer’s commissions in a timely manner.
- Propharma agrees to keep and maintain any and all records, including but, not limited to, Service User details and if any, Test results and certificates, Service Provider Staff training and competency records, financial records for Customer’s.
- Propharma shall be the controller in respect of any personal data that it collects from Service Users including the arranging of attendance and receipt of positive test results. In carrying out its obligations under this Partnership Service Level Agreement each party shall comply with its obligations under the Data Protection Act 2018 and any other applicable laws relating to the protection of personal data and the privacy of individuals (all as amended, updated or re-enacted from time to time).
- Each party shall take all proper steps to keep confidential all Confidential Information of the other party which is disclosed to or obtained by it under or as a result of this Service Level Agreement, and shall not disclose the same to any third party and shall allow access to the same to its own employees only on a need-to-know basis, except to the extent that any such Confidential Information becomes public through no fault of that party and except for use reasonably necessary for the performance of the T&Cs.
5. TERMINATION OF AGREEMENT
- The term of this agreement (“Term”) shall be for one (1) year, commencing on the Effective Date and continuing until the first (1st) anniversary of the Effective Date.
- The agreement will renew automatically unless terminated in accordance with Either party may terminate this Agreement at any time with or without cause upon thirty (30) days prior written notice to the other party.
- Neither party shall be liable to the other party for any delay or failure to perform, its obligations under the Service Level Agreement (other than a payment of money) to the extent that such delay or failure is a result of changes in applicable law and/or government guidance which mean that the Testing cannot be carried out (in all material respects) without such laws and/or government guidance being breached, or if either party can reasonably demonstrate that despite all reasonable endeavours it is unable to secure the supply of non-Covid-19 infected personnel to the Testing due to the levels of Covid-19 infections in the population of the United Kingdom.
- Notwithstanding clause i), each party shall use all reasonable endeavours to continue to perform its obligations under the T&Cs to the extent possible (in accordance with applicable laws and guidance), which may include only providing part of the Testing.
- However, if either party is prevented from performing its material obligations under the T&Cs and the parties are unable to agree a way to facilitate the continued performance of the T&Cs, either party may terminate the agreement with immediate effect by notice in writing providing all outstanding monies due to Propharma have been paid.
6. GOVERNING LAW
- The parties irrevocably agree that the Service Level Partnership Agreement shall be subject to the laws of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to hear and settle any dispute in connection with the Service Level Partnership Agreement.
7. COMPLIANCE
- Propharma-UK processes and reporting is compliant with all relevant agencies:
8. INDEPENDANT CONTRACTOR
- The Customer shall at all times be deemed to be, an independent contractor and shall carry out the responsibilities required of it by the terms of this agreement to the best of their endeavours.
- It is understood that the Service Provider Staff in the carrying out of their duties with regard to covid -19 testing on behalf of Propharma will come under the direct responsibility and authority of the Medical Laboratory Director of Propharma.
- The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the price paid by the Buyer for the goods in respect of any occurrence or series of occurrences.
- This agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between Propharma and Customer or any of Customer’s employees, agents, consultants, or subcontractors.
9. INDEMNIFICATION
- Each party shall defend, indemnify and hold harmless the other party and such party’s directors, officers, employees, affiliates, and agents from and against any and all third party claims, losses, damages, costs, expenses or liabilities to the extent arising out of its obligations pursuant to this agreement, except to the extent such claims, losses, damages, costs, expenses or liabilities arise out of the gross negligence or wilful misconduct of party seeking such indemnification, its employees or agents.
- The provisions of this section shall survive the termination of this agreement. The party requesting to be indemnified must place such a demand, in writing, to the other party within 14 days of its notice of the claim.
- The indemnified party must cooperate fully with the investigation and defence of the claim or suit and may not take any action which will prejudice the claim or suit.
10. ENTIRE AGREEMENT
- This agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede all previous negotiations, commitments, and writings.
- This agreement shall not be amended, released, discharged, changed or modified except by a written instrument signed by a duly authorised representative of each of the parties.
11. AMENDMENTS
- No modifications of or amendment to this agreement shall be effective or binding on either party unless mutually agreed to in writing signed by both parties.
12. NOTICE
- All notices required or permitted to be given under this agreement shall be in writing and shall be (a) delivered personally, (b) sent by certified mail, or (c) sent by a nationally-recognised courier guaranteeing next-day delivery, to the recipients below.
- The parties agree that changes to the addresses below for receipt of notices under this Section may be affected by a letter signed by the relevant party and does not require an amendment to this agreement signed by all parties.
- IN WITNESS WHEREOF, both parties agree they have the authority to sign this agreement and have executed this Agreement as of the day and year first written about.