TERMS AND CONDITIONS
Terms used in this document
- Platinum Support means this Agreement and the terms and conditions contained herein.
- Throughout this Platinum Support Agreement, AZCOMP Technologies, Inc. may be referred to as “AZCOMP” “we” or “us.”
- Throughout this Platinum Support Agreement, the party agreeing to the terms of this Agreement, as indicated under the completed sold to company information, may be referred to as “the client”, “the customer”, and “you.”
Term and Termination
The initial term for the Platinum Support Agreement shall commence on the date the client signs the Platinum Support Agreement and shall automatically renew for a period of 12 months and each successive 12-month period thereafter unless terminated pursuant to the following sentence: Either party hereto may terminate this Agreement by giving the other party written notice at least thirty (30) days prior to the date of expiration of the current Contract Period. Customer shall send written notice to AZCOMP via facsimile at 480.926.6108. If Customer does not receive written notice that cancellation has been received within forty-eight (48) hours of sending the cancellation notice, Customer is responsible for contacting AZCOMP to confirm that the cancellation notice was received. Upon AZCOMP’s acknowledgement of the termination notice, Customer shall immediately pay to AZCOMP by automated withdrawal or credit card a sum equal to the Recurring Fees that would otherwise be due for the remainder of the Term, calculated from the date of the receipt of Customer’s notice to AZCOMP plus any other amounts that would otherwise be due under the agreement, and no further support be provided. Failure to pay these fees may result in system suspension of all software and services (Users will be locked out of the programs and services, including e-prescribing). No refund or credit will apply in the event of early termination.
Platinum Support provides practices with the support described below.
Electronic Support Ticketing
Includes access to electronic support ticket submission via the AZCOMP support web portal. This portal is available 24 hours a day, 7 days a week. Requests for support assistance via the web portal are currently responded to within 1 business day. Response time subject to change.
Includes access AZCOMP’s Platinum Phone Support team. The Platinum Support team is available by phone at 480-497-7474 or 888-777-9070. Current hours are Monday thru Friday from 8am MST(Arizona) time until 5pm MST(Arizona) time, excluding Holidays.
- Diagnosis and rectification of Medisoft application problems. If the application problem requires an application coding change, a workaround (if applicable) may be given.
- Basic product functionality as described in the product documentation.
- Escalation of application issues when an application problem does not have an immediate resolution or workaround.
- Software updates and hot fixes as they are made available by McKesson.
- Free Medisoft file repair diagnosis if data is damaged during the covered support period. If during file repair diagnosis it is determined that data repair is needed, then there will be an additional charge of $500.00. There is a 3-5 business day turnaround time for data repair.
Support Does Not Include:
- Rectification of problems resulting from improper use of the software or the equipment upon which the application is accessed.
- Rectification of problems caused directly by operator error or omission.
- Inquiries on medical billing practices and/or billing advice (including but not limited to how to properly code a claim).
- Development of custom code or customizations for any Software.
- Custom formatting (including but not limited to custom templates, custom reports, custom fields and tabs).
- Computer hardware, software, networking problems and/or improper network configurations that
prevent the operation of the supported products.
- Diagnosis and troubleshooting of non McKesson products. (AZCOMP will also assist Customers with basic connectivity issues for the purpose of using the Software to access third-party products or services to the extent necessary to confirm whether such issues relate to equipment or software within AZCOMP’s control. AZCOMP shall not be responsible for connectivity issues caused by third-party software or service providers.)
- Software Installation, services to implement upgrades or to correct improper installation or integration of the Software that was not performed by AZCOMP authorized personnel.
- Onsite Support
- File Repair (AZCOMP will waive the diagnosis fee for damaged data for Platinum Support Customers,
however actual file repair fees are not covered by this contract.)
Services not covered by support may be offered on a pay per incident basis and often require a technician to go onsite or log in remotely. Services not covered under product support are offered on a pay per incident basis. Customers should contact AZCOMP’s sales department for pricing and information for additional services.
AZCOMP reserves the right to limit each telephone call to one hour and to limit each contact (telephone or electronic) to one incident, as defined as a single support issue or question. AZCOMP cannot guarantee that any issue resolution will be completed in a set amount of time. If in reviewing Customers requests for support, AZCOMP determines that Customer’s request would be better addressed by obtaining additional training, AZCOMP shall have the right to refuse such support and refer Customer to the appropriate department for additional training. Customer shall be responsible for any additional costs related to such training. AZCOMP may limit or terminate support service to a customer who uses the service in an unreasonable, excessive, abusive or fraudulent manner. Terms, conditions, support features, procedures, pricing, and support availability for future plan periods are subject to change at any time without notice. Coverage is non-transferable and is valid for the individual company only. The resale or other transfer of any customer rights is strictly prohibited, and will be considered an
abuse of the agreement.
Definition of an Incident
For purposes of these terms and conditions, an “incident” means (a) a single issue or problem that a customer asks a support representative to analyze or resolve, (b) a product-usage question that involves a single topic on a dropdown menu or one report, or (c) a single question on a specific topic. The technical support representative will determine how many incidents will be handled during the course of the telephone or electronic contact.
Platinum Support is available for the current versions of the following McKesson products: Practice Choice, Medisoft, Medisoft Clinical, Lytec, LytecMD and their respective McKesson add-on products. AZCOMP will provide assistance with previous versions to the extent that it is able to, if there are known issues that are addressed in product upgrades or updates support tickets may be closed with the recommendation of a product upgrade or update. Support availability for any particular version of McKesson products is subject to change at any time without notice. Support will only be provided for products that are installed in environments that meet system requirements.
Service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control.
A technical support representative will be available to talk to a Platinum Support Customer within then-current published response times, subject to variations due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control. The foregoing shall not be deemed a representation or warranty on AZCOMP’s behalf regarding the time within which a resolution, if any, may be available for any particular incident.
During the term of the Platinum Support Agreement, members will receive support for an unlimited number of incidents. If a customer exceeds reasonable use of the Plan, AZCOMP may, in its sole discretion, choose not to renew a customer’s Plan at the end of the current term. If AZCOMP chooses not to renew a Platinum Support on the basis of excessive usage, such determination shall not be deemed to preclude customer support from AZCOMP on a pay-as-you-go basis or under a limited-incident plan.
Limitation of Liability and Damages
AZCOMP’s maximum liability, and the customer’s sole remedy, for any claim arising under the Platinum Support term will be the refund of an amount not exceeding the Platinum Support fee paid by the customer for the 12-month period during which the claim arose. IN NO EVENT SHALL AZCOMP BE LIABLE FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES AND INFORMATION PROVIDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Without limiting the generality of the foregoing, AZCOMP is not responsible for long-distance telephone charges incurred in connection with your use of the Plan.
Disclaimer of Warranties
SUPPORT SERVICES ARE PROVIDED “AS IS.” AZCOMP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT.
Although AZCOMP makes every effort to ensure that information regarding meaningful use and other government programs are checked and accurate in both our documentation and support, the Medicare/Medicaid programs are constantly changing and individual providers may have unique circumstances that go beyond the typical guidelines laid out in the respective programs they are participating in. Therefore, it is the sole responsibility of each provider to study, interpret and remain abreast of the Medicare/Medicaid program requirements and deadlines, contacting program administrators directly as needed. Any documentation and support provided by AZCOMP is based on our interpretation of the programs and certification rules published by the Department of Human Services and are subject to change. Information and support provided is “as is” and without any express or implied warranties. AZCOMP assumes no responsibility for any inaccuracies, errors, or omissions, expressly disclaiming liability for damages of any kind arising out of the use of, reference to or reliance on any content provided. Using certified electronic health record (EHR) systems and other certified health IT to provide and attest to meaningful use is the sole responsibility of the eligible provider. The latest Medicare regulations can be found on the CMS web site at http://www.cms.gov, for more information on Medicaid check with your State Medicaid Agency.
Security Risk Analysis
All providers who are “covered entities” under HIPAA are required to perform a risk analysis. In addition, all providers who want to receive EHR incentive payments must conduct a risk analysis. Security requirements address Physical Safeguards, Administrative Safeguards, Technical Safeguards, Policies and Procedures, Organizational Requirements, and all electronic protected health information you maintain, not just what is in your EHR. Even with a certified EHR, you must perform a full security risk analysis. AZCOMP may be able to provide information and assistance on the privacy and security aspects of the EHR product; however, AZCOMP is not responsible for making their products compliant with HIPAA Privacy and Security Rules and does not provide any training and/or advice regarding all other aspects of the risk analysis. It is the sole responsibility of the practice to have a complete risk analysis conducted. AZCOMP encourages practices to complete a thorough and professional risk analysis that will stand up to a compliance review. AZCOMP believes it is possible for small practices to do a risk analysis themselves using self-help tools such as the U.S. However, given that some aspects of the risk analysis may require expert knowledge, AZCOMP recommends that practices seek the services of an experienced professional. For more information on security risk analysis requirements visit http://www.HealthIT.gov.
These terms will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of laws. Customer agrees that any action arising out of or relating to the service provided by AZCOMP will be filed and maintained only in the state or federal courts located in Mesa, Arizona, and customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these terms is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between AZCOMP and the customer relating to the subject matter of these terms, and may not be modified except in a writing signed by both the customer and an authorized representative of AZCOMP.