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.
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.
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