Delivering the Practice of the Future Now

Terms and Conditions

Definitions:

Hardware – All Computers, servers, printers, scanners, modems, network equipment and other computer peripherals.
Software – All computer applications and utilities running on a computer locally or remotely.
Media – Computer hard disks, CDs, tapes, flash drives, and other computer storage methods.
Server – A computer that holds any application data.
Electronic Services – Any service relating to electronic medical claims, eligibility verification, claims management, claims status, electronic patient statements, electronic remittance, etc.

Agreement:

All Sales Are Final. Due to the nature of products we sell, no returns, exchanges or refunds are available. Microwize makes no guarantees or warrantees as to the feasibility of any product to a specific application. Please evaluate the software before your purchase by reading product details and downloading our trial and self-running demos at www.microwize.com

Client shall maintain records of all hardware and software manuals, disks, certificates, serial numbers, passwords and any other materials provided by the manufacturer in order to use a given hardware or software product.

System Requirements:

It is the client’s responsibility to make sure the servers, workstations, printers and other hardware are compliant with the software versions being purchased.  Newer versions of software may require hardware upgrades or replacement.  The system requirements may be obtained from any Microwize representative or at our website at www.microwize.com.

Backup and Data Protection

Due to the volatility of computers, disks, electrical power and other natural events, data corruption or loss may occur. Therefore, the client agrees that they will maintain a current backup of all programs and data.  Microwize recommends a daily backup of all critical data.  Client will insure that the backup method provides a reliable backup and will occasionally test these backups and the media.  Microwize cannot be responsible for data corruption or loss.

As per HIPAA regulations, client shall maintain offsite backups.  Microwize recommends a secure, online backup solution that transfers data to a remote server.

Power Protection

Power fluctuations wreak havoc on hardware and software and can cause data damage or loss.  Client shall purchase and maintain a reliable UPS (Uninterruptible Power Supply) solutions for all its data servers.

Antivirus & Malicious software

Client agrees to protect all hardware, whether connected to the internet or not, with appropriate Antivirus, Anti-spyware software in order to protect all software and data from attacks. Because said Malicious software is continually developed and modified, Client shall also maintain said software with all the latest updates as per manufacturer instructions.

Electronic Services

Client acknowledges that they have a choice of methods to process electronic services with insurance carriers including but not limited to third party claims clearinghouse and direct claims submission.  Upon the client’s request, Microwize may make recommendations or assist in setting up such claims services.  Under no circumstances shall this be construed as an approval or endorsement of said services.  Client shall do its own research of available electronic claims solutions and agrees to maintain a separate agreement with these claims services and shall hold Microwize harmless of any claims, loses or disputes arising of that relationship.

SUPPORT SERVICES:

Some software and services purchased from Microwize Technology, Inc. may include limited free support. Most free support is available through our website/email, unless otherwise specified. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime without prior notice.

INSTALLATION TERMS & CONDITIONS

PLEASE READ: IF YOU CHOOSE TO HAVE MICROWIZE TECHNOLOGY, INC PERFORM ANY INSTALLATION OR SERVICES, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER. Client agrees to allow Microwize Technology, Inc. to accept ULA for all software Microwize installs on your behalf. To see a copy of your ULA, see link on right.

Installation:

You must make every attempt to safeguard your data during installation or upgrades. Microwize Technology, Inc. does not assume responsibility for loss of data. Hard disks and all data should be backed up on a regular basis and should always be backed up before you perform installation or upgrades. We are not responsible for any loss of data.

DISCLAIMER OF WARRANTIES:

To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. Microwize and any third party who makes its software disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of any hardware or software product purchased from Microwize.  Microwize specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.

LIMITATION OF LIABILITY:

Except to the extent prohibited by local law, in no event will Microwize Technology, Inc., or its employees or officers be liable for direct, special, incidental, consequential, punitive or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair or correction.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to the conflict of laws provisions of New Jersey or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Microwize and/or a third party who make its software.