This is a demo version for evaluation, valid for 30 days only.
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PACS SOFTWARE AS A SERVICE PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. TERMS AND CONDITIONS OF SERVICE USE: 1. This agreement covers the use of Patient Archiving and Communications System (PACS) proprietary medical imaging software marketed under the trade name PaxeraUltima (The software), furnished by The supplier (The Supplier) as a service (The service) over the internet for a fee, based on the terms conditions detailed herein. 2. The service provided by The software covers the full range of PACS functions from multiple modalities on the �pay-per-study basis� as detailed in the referenced rate table and key features and is further described in the Supplier PaxeraUltima product description available on the Supplier web site. A study is defined as a complete diagnosis of a patient�s radiology images with associated reporting that is archived in the system. The service provides free unlimited retrieval and viewing of archived studies over the internet. 3. Acceptable use of The service is limited to medical images diagnosis and viewing use by professional medical personnel licensed to provide diagnosis, referral and clinical viewing services to patients. 4. The Supplier�s offer of a Free limited duration trial of The Service is intended to allow evaluation of the service by professionals and their organizations. It is not offered as a replacement service for any duration and conveys no warranties for commercial use or a contract for performance. At the end of the trial period a user may convert to any of offered the pay-per-study plans. 5. The Supplier�s offer of five (5) rate plans for The service and key features of the service are detailed in the accompanied rate table along with the archive storage capacities that are available. All five (5) rate plans are based on a minimum monthly contractual commitment automatically renewable on the basis of number of studies per month. Plans contain not contractual obligation beyond one month however the use may enter into a long term contract with the Supplier on favorable terms outside these terms and conditions of service use. 6. BILLING, PAYMENT, TAXES AND REFUNDS - All five plans require payment through a secure method. To activate an account a credit card must be preregistered and on file and maintained active throughout the duration of the contracted service. - Pay as you go plan requires no contractual obligation however to activate an account there is setup fee payable upon opening an account and al charges are billed to the credit card automatically. - Monthly commitment plans are billed to the credit card on file monthly based on the minimum commitment or the actual study count whichever is greater. - Any sales or excise taxes levied by a government authority shall be added automatically to the bill unless a tax exempt certificate is on file. - The Supplier shall refund the full amount for a prorated period The service is not available to the user due to documented service unavailability with the exception of announced scheduled maintenance periods for system upgrades which will be scheduled outside business hours. Such system unavailability does not include any internet network disruptions. 7. Suspension of The service shall be immediate if the user fails to maintain a valid credit card on file or when billing is posted unless the user has made prior arrangements with the Supplier to replace such credit card with another valid card within ten days. Suspension of the service shall continue for thirty days at which time the service shall be terminated and all data shall be removed from the archive. Resumption of service prior to termination shall require the full payment of arrears and restoration of a valid credit card plus a an additional fee to restore the archive. Archives shall be destroyed after six months of service termination. . 8. Each party The Supplier and the user shall comply with all laws and regulations applicable to the party in connection to the services provided and in particular with the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) 9. The Supplier shall provide the user with online support for the service for the duration of the contract on a 24/7 basis with 4 hour max response time . Free five (5) hour online training will be provide at service initiation. The Supplier shall provide free software upgrades for the duration of the contract. 10. WARRANTIES AND EXCLUSIONS The supplier warrants to the user that the software provided in connection with the Services will operate in all material respects as described in the then-current documentation Paxerahealth further warrants to user that it will provide the Services in a professional manner consistent with industry standards. the warranties and remedies herein shall be in lieu of and exclude all other warranties, express or implied, of merchantability, fitness for a particular purpose. 11. LIMITATIONS OF LIABILITY Except for the provisions on "Warranty and Exclusion The supplier shall not be liable for any commercial loss, damage or expense arising directly or indirectly out of delays, installation, operation or use of the software and services furnished hereunder whether in contract or tort. In no event shall the Paxerahealth be liable for any special, indirect, incidental or consequential damages including, but not limited to, loss of data, profits or use. 12. Force Majeure. Each party shall be excused from performing its obligations arising from any delay or default caused by events beyond its reasonable control including, but not limited to, acts of God, acts of third parties, acts of any civil or military authority, fire, floods, war, embargoes, labor disputes, acts of sabotage, riots, accidents, delays of carriers, subcontractors or suppliers, voluntary or mandatory compliance with any government act, regulation or request, shortage of labor, materials or manufacturing facilities. 13. HOSTING DATA STORAGE AND SECURITY To the extent specified in the accompanied table outlining the plans offering and Key Features the Supplier is utilizing high grade secure hosting services with dedicated URL and high level encryption of the data during transmission and archive storage as well as in certain of the offerings dedicated servers. In all cases all offerings provide disaster full recovery for user data. 14. GENERAL CONDITIONS 14.1 Arbitration:. Any disputes in connection with this Agreement or performance thereof shall be settled through friendly negotiations. In the event no settlement can be reached the dispute shall be settled by arbitration held and conducted in Boston, Massachusetts. The governing law shall be the law of the State of Delaware USA, and the arbitration shall be conducted in the English language and in accordance with the United States Chamber of Commerce (ICC) Rules. 14.2 Notices: All formal notices and communications will be sent by registered air mail in English to either party at its address set for the above, and shall be deemed to have been given on the day when deposited in the cable or telegraph office or post office so addressed. 14.3 Entire Agreement: This Agreement sets forth the entire understanding between the parties as to the subject matter hereof and supersedes any and all prior and collateral agreements and representations.
I have read and agree to the terms and conditions
Order Summary
Plan Type : Free Trial
This is a free trial plan
Setup Fees:
0.00 $
Discount:
0.00 $
Coupon:
0.00 $
Tax:
0.00 $
Total:
0.00 $
Study price :
0.00 $