Effective 01/01/2023
These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using “NikoHealth” cloud-based integrated patient management and billing workflow solution.
Please read them carefully. If you are a Customer (defined below), these Customer Terms govern your access and use of our Services.
Terms of Service apply to customers of NikoHealth’s solutions. A customer is defined as the organization that executes written agreements (“Contract”) for use of NikoHealth’s solutions. These agreements when applicable consists of: (i) Master Solutions Agreement & BAA, (ii) each order invoice and/or statement of work executed by the parties (“Order”), and (iii) such products and/or services (“NikoHealth Solution”) stated on the Order along with each then-current policy, addendum and manual published or issued by NikoHealth applicable to the same.
Customer must use the Services only in accordance with the Contract. Customer must also ensure that its Authorized Users comply with the Contract and the User Terms. We aren’t responsible for the content of any Customer Data or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Data. Customer is solely responsible for providing high-speed internet service for itself and its Authorized Users to access and use the Services. Authorized Users means Client’s employees, consultants, contractors, and agents (i) who are authorized by Client to access and use the Services under the rights granted to Client pursuant to a customer contract; and (ii) for whom access to the Services has been purchased. NikoHealth may, directly or indirectly, suspend, terminate, or otherwise deny Customers or Authorized Users access to or use of all or any part of NikoHealth solution in accordance with a customer contract.
For Customers that purchase our Services, fees are specified in the Order Form(s) — and must be paid in accordance with the Contract. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases.
We will make the Services available to Customer and its Authorized Users as described in the Customer Contract.
We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may impact services.
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards. Each party is responsible for complying with the privacy and data security laws applicable to its operations, including (without limitation) the Health Insurance Privacy and Accountability Act Privacy Rule and Security Rule (“HIPAA”) and the Health Information technology for Economic and Clinical Health Act (“HITECH”). The parties shall execute a HIPAA-compliant Business Associate Agreement (“BAA”).
A Customer Contract will outline contract terms, auto-renewal subscriptions, and termination provisions.
