Automate and Save Time - Introducing SMART Requisition
Service Agreement
This Terms of Service Agreement ("Agreement") governs the use of the services provided by HealthSmart Technologies Inc. ("Company") to Your Clinic ("Clinic"). By accessing or using the Company's services, the Clinic agrees to be bound by this Agreement. If the Clinic does not agree to these terms, it must cease using the Company's services.
Services
1. The Company provides the Clinic with automated software/programs as a service within the clinic’s Oscar EMR, and provides notification through messaging modules within the clinic’s EMR. The Company may also provide the Clinic with other services, such as data analytics and reporting.
Data Ownership and Confidentiality
2. This software will not extract or download any data from the Clinic’s EMR. The program code and functionality is the Intellectual Property (IP) of the Company.
Data Use and Disclosure
3. The Company agrees to use the Clinic's information, solely for the purposes of providing its services to the Clinic. The Company will not disclose or share the Clinic's information, data, or logins with any third party, except as required by law or with the Clinic's consent.
Security and Data Breach
4. The Company will implement reasonable security measures to protect the Clinic's data from unauthorized access, disclosure, or misuse. In the event of a data breach, the Company will notify the Clinic as soon as reasonably possible.
Term and Termination
5. This Agreement will remain in effect until terminated by either party. Either party may terminate this Agreement upon written notice to the other party. A maximum of 15 days are requested in fulfilling such requests and fulfilling administrative duties in deprecating the functionality of service, and amending the dues to be processed. Upon termination, the Clinic's access to the Company's platform tool will be terminated.
Liability and Indemnification
6. The Company will not be liable for any damages or losses arising from the Clinic's use of its services, except for damages arising from the Company's gross negligence or willful misconduct. The Clinic agrees to indemnify and hold the Company harmless from any claims or damages arising from the Clinic's use of the Company's services.
Governing Law and Dispute Resolution
7. This Agreement will be governed by and construed in accordance with the laws of Canada. Any disputes arising from or related to this Agreement will be resolved through binding arbitration in Vancouver, British Columbia, in accordance with the rules of the Canadian Arbitration Association.
Amendments
8. The Company may amend this Agreement at any time by providing the Clinic with notice of the proposed changes. If the Clinic does not agree to the amended terms, it must cease using the Company's services.
Payment of Services
9. Payment will be taken by the credit card on file monthly on a specified billing date. Any fees incurred from expired cards or declined transactions will be subject to additional fees and be invoiced to the Clinic.
The Clinic agrees to the monthly payment of these services via valid credit card, and agrees to continue to keep any card used in payment updated and in good standing and hereby completely agrees to be responsible for any bank charges or fees incurred by both parties that result from declined transactions, or expired cards.
By proceeding through checkout of any of our service plans, the Clinic thereby accepts these terms and conditions, and acknowledges that it has read, understood, and agreed to be bound by this Agreement.
Entire Agreement
10. This Agreement constitutes the entire agreement between the Company and the Clinic with respect to the Company's services and supersedes all prior or contemporaneous communications and proposals, whether oral or written. Any waivers or modifications of this Agreement must be in writing and signed by both parties.
