Provision and Purchase of Services.
(a) SMARTMD Corp (“SMARTMD”) shall provide to client, and client shall purchase, medical transcription services and other mutually agreed upon services (collectively, the “Services”), set forth through the online registration process. For each instance of provisional services, SMARTMD and the Client shall enter into a specific service order form (each, a “Service Contract”), which shall set forth the nature of services to be provided and other relevant terms and conditions, consistent with the provisions of this agreement.
(b) The Client shall pay for the services as provided in the applicable service contract. Without limiting the forgoing, Client shall be obligated to pay all one-time setup and installation charges, any one-time or recurring charges for any third party services and all sales and use taxes, as well as duties or levies, arising in connection with the services. Charges shall be periodical, as determined by the appropriate service plan, and the payment shall be due upon receipt.
A valid credit card must be registered with Client’s account which will be periodically charged for the services provided by SMARTMD.
Client will pay a late payment charge, equal to 1.5% of the outstanding balance on any invoice remaining unpaid twenty five (25) days after the date appearing on invoice. Checks returned for non-sufficient funds (NSF), will be charged $50.00 for the returned check fee. SMARTMD will include an additional 40% fee to your invoice; if your account is sent to an outside collection agency. You will be responsible for paying the full balance including the collection fee. Once your account has been sent to the collection agency; you will need to speak to them directly.
Term and Termination.
The term of this agreement commences on the date of the first registration process executed by the client. This agreement may be terminated at any time by the Client with a written notice.
SMARTMD may discontinue service and terminate this agreement in the event the Client shall violate any term hereof, including, but not limited to, the Client’s failure to make any payment when due, and the violation by the Client of any of its obligations contained in section below.
In the event of termination all data pertaining to Client’s account will be permanently deleted from SMARTMD systems.
Rights and Obligations of Clients.
Client shall be responsible for verifying the content for accuracy of the medical transcriptions and understands fully that the documents provided as a part of this service(s) is done by trained transcription professionals who are still susceptible to make errors due to various factors such as English usage, grammar, diction, speech patterns, colloquial terminology and the speaker’s accent.
Client shall not use the Service(s) in any way that SMARTMD determines in its sole discretion is, or is reasonably likely to be harmful, either to its customers, or operations or its reputation, including any activity of the Client or Client’s customers or authorized users, that restricts or inhibits other end-users of SMARTMD from using and enjoying SMARTMD’s Service(s).
Client shall not copy, upload, post, publish, transmit, reproduce or distribute in any way, information or other material which is protected by a copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the Copyright Owner or the Right holder.
Client shall not violate any individual’s/Organization’s right of privacy, right of publicity or other common law rights.
Rights and Obligations of SMARTMD.
SMARTMD shall be responsible only for the operation and maintenance of Service(s). Any interruption in Service(s) that is caused by the malfunction or interruption of any physical Telecommunication Media or Facility will not be deemed a breach of SMARTMD’s obligations under this agreement.
Confidentiality (Non-Disclosure) Policy.
SMARTMD has no obligation to monitor the Service(s). Client agrees, however, that SMARTMD has the right to monitor the Service(s) electronically from time to time and disclose any information as necessary, to satisfy any law, regulation or other government or judicial request, to operate the Service(s) properly, or to protect itself and/or its subscribers. SMARTMD cannot guarantee one hundred percent, the privacy of any message; communication or other information transmitted, received or accessed using the Service(s), but will make reasonable effort with available technologies to maintain privacy. SMARTMD will not intentionally monitor or disclose any private information unless required by any law, regulation or other governmental or judicial request.
Customer acknowledges and agrees that it bears responsibility to prevent disclosure of SMARTMD user identification names and passwords and in such an event, SMARTMD will have no liability to the customer or any third party based upon unauthorized access to Dictated Medical Recordings, Transcribed Medical Records and/or other information.
Client will indemnify, save, hold harmless, and defend SMARTMD, all employees, officers, directors, and agents of SMARTMD (collectively “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorney’s fees incurred with or without suit, in arbitration or mediation, on appeal or in a bankruptcy or similar proceeding) (collectively, “Claims”) threatened, asserted, or filed by a third party against any of the indemnified parties to the extent that such third party claims arise out of or relate to (i) the breech or alleged breach of its agreement by the Client; (ii) any negligent or tortuous act or omission to act by the Client; or (iii) any claim that data content delivered by the Client via the service(s) provided by SMARTMD under this agreement, constitutes and infringement of any confidential information, trade secret, patent, copyright, trademark, trade name, or other legal rights of any third party.
Limitation of Liability.
In no event, shall SMARTMD be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by the Client or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if SMARTMD has been advised of the possibility of such damages. If the Client is dissatisfied with the Service(s) or with any terms, conditions, rules, policies, guidelines or practices of SMARTMD in operating the Service(s), Client’s sole and exclusive option is to terminate this agreement in accordance with section 2, above, and discontinue using the Service(s). SMARTMD’s entire liability on any claim or loss, damage or expense from any cause whatsoever, shall in no event exceed sums actually paid to SMARTMD by the Client, for the remaining contract term specified in the Service Contract. SMARTMD shall not be liable for the failure or delay in performing its obligations hereunder, if such failure or delay are due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or labor disturbance, interruption of or delay in transportation, or inability to obtain raw materials, supplies or power used in, or the equipment needed for the provision of Service(s) described in the Service Contract.
Data Content and Security.
Client acknowledges that even though data transmitted through SMARTMD service are secured using https (SSL) protocol (HIPAA Compliant), emails sent and received are not. Therefore, it is the Client’s responsibility for the security of all data exchanged through electronic mails or facsimile (fax).
SMARTMD is not liable for the content of any data transferred, either to or from the Client, via the Service(s) provided by SMARTMD, nor for any loss or damages – personal, material or financial – suffered by Client as a direct consequence of the Service(s) provided by SMARTMD. SMARTMD cannot and does not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses or other destructive code that that can in turn affect or damage your computer/network or data.
The Client represents and warrant that he/she possess the legal right and ability to enter into this Agreement and to use SMARTMD in accordance with this Agreement. The Client also agrees to be financially responsible for the use of SMARTMD and to comply with the responsibilities and obligations as stated in this Agreement.
The validity, interpretation, enforceability, and performance of this agreement, shall be governed by and construed in accordance with the law of State of Florida.
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assignees. Clients may not assign this agreement without the prior written consent of SMARTMD.
Headings used in this agreement are for reference purposes only and shall not constitute a part hereof or affect the meaning or the interpretation of this agreement. If any provision of this agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.
This agreement is executed through the registration process, for services offered by SMARTMD, to its clients, each of which shall be deemed an original instrument.
At SMARTMD, we consider it a top priority to meet our client’s expectations of privacy and security. We accomplish this by taking every reasonable effort through technology and stringent operational procedures. We adhere to the guidelines recommended by HIPAA regarding privacy.
Given the important of privacy to our customers, we have moved the policy to its own page.
For additional information or questions, please contact us at:
5205 North Ironwood Road, Suite 100
Glendale, WI 53217 USA