Non-Solicitation of Customers, Clients, And Employees.
- During the term of this Agreement and for two (2) years after the termination of this Agreement for any reason. Client and HMS USA LLC shall not:
- Directly or indirectly induce any customers or clients of the other party to patronize another party or any similar business.
- Directly or indirectly request or advise any customer or Client of the other party to withdraw, curtail, or cancel such customer's or client's business with the other party.
- Directly or indirectly disclose to any other person or entity the names or addresses of any of the customers or clients of the other party.
- Induce or attempt to induce any employee, agent or former employee or agent of the other party to leave the employment of the other party, or hire any such employee, agent or former employee or agent in any business or capacity; or
- Make any statement disparaging the other party or any member, principal, officer, director, shareholder, employee, or agent to any person or entity.
Confidentiality
Each party shall keep confidential and not disclose to any other person or entity or use for its benefit (except as necessary to perform under this Agreement) any Confidential Information of the other party.
Non-Competition
During the term of this Agreement and for one (1) year after the termination of this Agreement for any reason, Client and HMS USA LLC agree not to:
- Directly or indirectly engage in any business activity that competes with the other party's business; or
- Own, manage, operate, control, be employed by, participate in, or invest in any entity engaged in any business activity that competes with the other party's business.
Term and Termination
- This Agreement shall commence on the date of the last signature below and continue in full force and effect for one (1) year. After that, this Agreement shall automatically renew for successive one (1) year terms unless either party gives the other party written notice of its intention not to renew at least thirty (30) days before the expiration of the then-current term.
- Either party may terminate this Agreement for cause upon written notice to the other party if the other party:
- Breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice thereof; or
- Commits an act of bankruptcy or insolvency, makes an assignment for the benefit of creditors or institutes any proceeding under any bankruptcy or insolvency law.
Use of Service
The messaging services provided by HMS USA LLC allow the Provider to communicate efficiently with patients regarding payment collection, appointment reminders, and practice updates. The Provider authorizes HMS USA LLC to use their practice’s details to send these messages to their patients, ensuring that these communications align with legal requirements and patient consent policies.
Provider Responsibilities
- The Provider agrees to:
- Provide accurate and up-to-date information about their practice and patients to HMS USA LLC.
- Ensure that the patients receiving these messages have previously agreed to or are reasonably expected to receive communication related to their healthcare and billing.
- Ensure that all communications through our platform comply with relevant legal requirements, including consent policies and applicable privacy laws.
Data Protection and Confidentiality
- HMS USA LLC ensures that all patient and provider data shared through our platform is kept strictly confidential and secure, in compliance with HIPAA and other applicable privacy laws.
- HMS USA LLC will not sell, share, or disclose any patient or provider data to third parties without explicit consent, except where required by law or in the course of providing the service.
- All patient and provider data is encrypted during transmission and storage. We use industry-standard security protocols to protect sensitive information.
Consent and Authorization
By using our messaging services, you represent that you have obtained the necessary consent from your patients to send them communications related to payment collection, appointment reminders, and practice updates. You authorize HMS USA LLC to send these messages on your behalf.
Opt-Out Policy
Patients receiving messages from your practice through HMS USA LLC will have the option to opt-out of receiving future messages. Upon an opt-out request, HMS USA LLC will cease sending messages to the patient and notify you immediately.
Limitation of Liability
- HMS USA LLC is not responsible for any delays, failures, or damages arising from the use of the messaging services due to:
- Incorrect information provided by the Provider.
- Technical issues beyond HMS USA LLC's control.
- Failure by the Provider to obtain proper patient consent.
- HMS USA LLC shall not be liable for any indirect, incidental, or consequential damages resulting from the use of the services
Severability
If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Governing Law And Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.
Amendments
HMS USA LLC reserves the right to modify these Terms and Conditions at any time. Changes will be posted on our website, and continued use of the services after modifications implies acceptance of the revised terms.
Contact Information
f you have any questions regarding these Terms and Conditions or the messaging services provided by HMS USA LLC, please contact us at:
HMS USA LLC
Email: info@hcmsus.com
Phone: (212) 363-0114
Address: 51 Atlantic Avenue Suite #202, Floral Park, NY 11001
Acceptance of Terms
By signing or submitting HMS USA LLC online forms, you acknowledge that you have read, understood, and agree to these Terms and Conditions.