MedWorxs EHR Money-Back Guarantee Program
The Program will reduce the investment risk for
physicians by guaranteeing the following:
- - A solution that will always evolve to meet the
standards and certifications for federal stimulus reimbursement
programs of interest to physicians using MedWorxs LLC products.
- - A solution that uses open standards and enables
generally communication across the healthcare community.
- - A fully-functional solution, and swift and
professional implementation.
- - Top quality training and support.
Terms & Conditions
” The
Software will work properly” means the Software will materially
perform in accordance with its User Materials during the Warranty
Period providing updates are applied as they are available. If You
notify MedWorxs LLC, in writing, of a material failure of the
Software to perform in accordance with its User Materials and we
fail to remedy such failure within 30 days from Your written
notification, then upon your written request and return of all
Hardware and Software purchased from MedWorxs LLC under the
Agreement, the Agreement will be deemed terminated and Your refund
will be promptly processed on a pro rata basis.
” We will train You to productively use the Software”
Utilizing the train-the-trainer approach so as to enable You to use
the Software, as stated in the User Materials, in a production
environment. If we fail to make available such training sessions
during the first two (2) years from the Effective Date, then upon
your written request and return of all Hardware and Software
purchased from Company under the Agreement, the Agreement will be
deemed terminated and Your refund will be promptly processed on a
pro rata basis. (Specifically excluded from the above are additional
Service hours required as a result of (a) You requiring work which
has already been performed and approved by You to be done again or
done differently; (b) on-going adaptations to templates and clinical
documents after the Software is already in use; (c) training or
re-training as a result of new customer staff or customer personnel
turnover; (d) end-user training and (e) additional location
rollouts.)
” We will stand behind our Software with top quality
support” means that provided You are current in your payment for
Software Maintenance Services, we will provide You with high quality
support services with guaranteed response times and should You
notify our support department that the Software is inoperable then
we will use our best efforts to: (i) respond to Your call within
twenty four business hours (24) hours and (ii) remedy such matter,
to the extent the trouble lies within the Software, within
forty-eight business hours. If we fail to respond to the initial
incident of such matter within twenty four business hours
(“Failure”) and such Failure(s) occurs more than two times within a
calendar quarter, then we will refund to You the full Software
Maintenance Services fee paid by You during the calendar quarter.
” The Software is and will stay interoperable” means
that we will use our best efforts to keep a general-released version
of the Software in compliance with the Ambulatory Electronic Health
Records interoperability standards set forth in CMS-sanctioned,
national interoperability standards applicable to Ambulatory EHRs.
Should we fail, within five (5) years from the Effective Date of the
Agreement, to use our best efforts to keep a general released
version of the Software in compliance with such applicable national
interoperability standard for Ambulatory EHRs then You can terminate
the Agreement and obtain a refund of the Software license fees paid
by You provided: (i) You send us a written request for same, (ii) we
fail to take such reasonable steps to correct such failure within
120 days from receipt of your written request and (iii) you return
all Software and Hardware purchased from Company.
” The Software will remain robust and flexible to allow
you and/or your providers, as applicable, to participate in federal
health incentive programs” means that through our Software
Maintenance Services we are, and will continue to be, diligent in
providing features that enable the Software to capture and report
clinical data in support of the efforts that You and/or Your
providers, as applicable, make to participate in federal
pay-for-performance and “pay for meaningful use” incentive programs.
|