d.Subscribers are responsible for verifying that documentation templates meet the requirements for their practice. Online EMR, LLC is not liable for any documentation deemed out of compliance.
e.If future, legislative mandates require software to be modified, fees for such modifications will be passed on to subscriber in order for all existing subscribers to be compliant. Existing subscribers will have the option to decline participation in compliance modifications for which PROVIDER is not responsible for non-compliance.
f.Contract term to waive set up fee is 24 months with a minimum of 2 paying users per month.
Contract can be canceled with the full payment of Set up fee at time time of cancellation.
(Non payment of monthly user fee will be deemed breech of contract and payment for full term of contract will be due immediately )
g.Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing ONLINE EMR LLC Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
h.Billing . ONLINE EMR LLC. provides the means of generating X12 and CMS 1500 billing format files via Online EMR oPEN Application .Online EMR support will help set up with OFFICE ALLY as a partner within the Online EMR oPEN application only.
(Other clearinghouse's can be set up but will not supported by Online EMR LLC.)
ONLINE EMR LLC is not responsible for errors in file generation and billing.
Subscriber is responsible for all transactions with 3rd party billing companies and Clearinghouses like OFFICE ALLY.
3. DATA ATTACHMENTS
a. 1 Gigabyte of attachment files is included for entire company.(Not applicable to cloud server)
b. File uploads over one Gigabyte will be charged at $50 per month per Gigabyte over or part thereof .
(1-gig free above 1 gig= $50 / mth above ,1.5 gig = $75/mth , etc )]
4. TRAINING
One training session is included with setup fee. Any additional training sessions will be charged at a
rate of $150 per session for EMR and $100 for Scheduler. $250 for both. Retraining fee needs to be paid before session
5.CUSTOM CODE:
a . Online EMR offers custom changes to our application(fees apply). Any changes to application after 6 months of use for minor typos and glitches
are treated as custom code change.
b. It is the users responsibility to make sure code is bug free during this period.After custom code changes are complete user is responsible to test for functionality after testing period any changes will be subject to code change fees.
6.BROWSERS
a . Online EMR recommends Mozilla Firefox as its standard browser.
b. It is the users responsibility to make sure browsers
are updated to latest version to keep up with latest security features.
CANCELLATION OF SERVICES - REFUND POLICY
1.Cancellations and Refunds. ONLINE EMR LLC provides a 30-day money back guarantee for new account registrations, subject to the following terms and conditions:
A.Nonrefundable Fees: Fees paid by Subscriber in connection with the set-up and training will be non-refundable.
B.Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the expiration of 3 calendar days after registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) if any training was provided already.
C.Cancellations after 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days after registration, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A).
D.Cancellations after 30 Days. Subscriber may cancel his/her/its Services at any time, with a 30 notice and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) a fee equal to one month's subscription(equal to total of last bill paid) will be charged to supply customer access to stored data after the 30days notice period.(customer is responsible to download data in word doc /excel format)
E.Notice of Cancellation.Subscriber must direct all cancellation requests to ONLINE EMR LLC via email sent to contact@online-emr.com
2.Chargeback and Reversals.In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
3.Non payment of subscription/User Fee. In the event a subscriber does not pay subscription, access to database will be suspended until all outstanding fees and service fees are paid in full. If a customer suspends emr usage, data will be stored for customer at a rate of $50.00 per month (up to 5000 documents) and $50 per 5000 thereafter (MAX $1500) ,from date of notice to ONLINE EMR LLC of suspension. If customer does not pay this fee, access to data will be suspended until all outstanding monthly(since month of delinquency) access & late fees are paid in full in addition to a re-access fee of $500.
If customer does not choose this option, customer will have the 30 day period from the date of notice to download data. Online EMR LLC will not be responsible for any data downloaded by the customer. After 30 days of notice, all access to data will be suspended.
5.PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in ONLINE EMR LLC intellectual property or technology. ONLINE EMR LLC and related trademarks and logos are the exclusive property of ONLINE EMR LLC. ONLINE EMR LLC and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar ONLINE EMR LLC from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
6.SECURITY AND OWNERSHIP
a.Site Security. ONLINE EMR LLC uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, passwords. Subscriber agrees to immediately notify ONLINE EMR LLC of any unauthorized uses of the Service or any other breaches of security. ONLINE EMR LLC will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services.
b.Access and Control Policy. When a new account, is registered with or transferred to ONLINE EMR LLC or with one of its affiliates, the process requires and results in the creation of the following within the records of ONLINE EMR LLC, in association with said new account: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, MasterCard, etc., Credit Card Number & name thereon, etc.
A.If a person contacts ONLINE EMR LLC and claims that she or he is entitled to access to an account, website, or domain registered with ONLINE EMR LLC or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), ONLINE EMR LLC will give access to the person who acceptably evidences she or he has substantially all of: i) name of the person who originally registered or last paid for said account; ii) email address of the person who originally registered or last paid for said account; iii) the user name of the person who originally registered or last paid for said account, if possible; iv) the associated payment information of the person who registered or last paid for said account, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or original payment medium or the one which was last used to pay for said account (mandatory). Otherwise, ONLINE EMR LLC will not give access and control to a claimant unless ONLINE EMR LLC is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring ONLINE EMR LLC to give such access and control to said. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of ONLINE EMR LLC or of its affiliates shall not be deemed effective to give notice to ONLINE EMR LLC or its affiliates of any changes in said access or control.
B.Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against ONLINE EMR LLC arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases ONLINE EMR LLC from all liability and all claims for damages or any other liability whatsoever that may arise out of ONLINE EMR LLC following said policy and procedure.
7.PRIVACY POLICY
1.Commitment. ONLINE EMR LLC commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, ONLINE EMR LLC will take commercially reasonable steps to ensure your right to privacy. ONLINE EMR LLC is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
2.Encryption. When Subscriber orders from ONLINE EMR LLC, Data Transmissions are encrypted. When Subscriber orders from ONLINE EMR LLC, all of Subscriber's personal information is protected. ONLINE EMR LLC uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. ONLINE EMR LLC conforms to all HIPPA requirements
3.Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with ONLINE EMR LLC, subject to specific confidentiality agreements, ONLINE EMR LLC will not provide or sell to any third party your personal information and will keep all Subscriber/Patient information confidential, subject to the following:
A.ONLINE EMR LLC will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise ONLINE EMR LLC legal rights or defend against legal claims.
B.ONLINE EMR LLC will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
C.ONLINE EMR LLC may transfer information about Subscribers if ONLINE EMR LLC is acquired by or merged with another company, in which event ONLINE EMR LLC will notify Subscriber.
4.ONLINE EMR LLC service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. ONLINE EMR LLC service is designed to meet the typical needs of small business
ONLINE EMR LLC will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers server down time maybe experienced due to upgrades.
5.Backups. ONLINE EMR LLC performs daily backs up of data on its servers (customer uploaded documents are not backed up daily), but under no circumstance will ONLINE EMR LLC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any ONLINE EMR LLC server.
$100 service fee will be incured if a restoration is required due to customer negligence.
6.Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on ONLINE EMR LLC in order to avoid termination of Subscriber's ONLINE EMR LLC account(s).
7.Governing Law. These Terms shall be governed by the laws of the State of Florida without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of ONLINE EMR LLC, Subscriber agrees that all disputes, if any, involving ONLINE EMR LLC shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Florida; provided, further, that all action brought against ONLINE EMR LLC in State Court must be brought in Orange County, Florida and, if in Federal Court, in Orange County, Florida. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving ONLINE EMR LLC. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Florida’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against ONLINE EMR LLC outside the State of Florida; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Florida, shall be deemed to support and to stipulate to a motion made by ONLINE EMR LLC to dismiss said lawsuit with respect to ONLINE EMR LLC.
8.WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
1.Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ONLINE EMR LLC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY ONLINE EMR LLC OR ONLINE EMR LLC REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ONLINE EMR LLC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. ONLINE EMR LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ONLINE EMR LLC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ONLINE EMR LLC IN PARTICULAR.
2.Limitations on ONLINE EMR LLC Liability. ONLINE EMR LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL ONLINE EMR LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ONLINE EMR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ONLINE EMR LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. ONLINE EMR LLC ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL ONLINE EMR LLC LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO ONLINE EMR LLC FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS ONLINE EMR LLC LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.Indemnification of ONLINE EMR LLC. You, the Subscriber, agree to defend, indemnify and hold ONLINE EMR LLC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from ONLINE EMR LLC own gross negligence or willful misconduct. ONLINE EMR LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO ONLINE EMR LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ONLINE EMR LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
(END of Terms of Service)
