Terms & Conditions
Acceptance of Terms
1. Acceptance of Terms
By accessing or using the website at [billinggenies.com] (the “Website”) and/or by engaging services provided by Billing Genies (“we”, “us”, “our”), you (“Client”, “you”, “your”) agree to these Terms & Conditions (the “Terms”) and any policies incorporated herein. If you do not agree with all of these Terms, you must not access or use the Website or our services.
Services
2.1 We provide revenue cycle management and medical billing services, including charge capture, coding, claim submission, follow-up, appeals, and reporting, as further described on our Website and in separate client service agreements (the “Services”).
2.2 Any scope, deliverables, fee schedule and timeline will be specified in a separate Service Agreement or Statement of Work (“SOW”), which is incorporated by reference and governed by these Terms.
Authorization & Client Responsibilities
3.1 You represent and warrant that you are duly authorized and licensed (if required) to engage our Services and that all data you provide to us is accurate, complete, and lawful.
3.2 You agree to provide all necessary information, documentation and access (including to medical records, coding, practice management systems, cleared patient data) in a timely manner so that we may perform the Services.
3.3 You are responsible for obtaining and maintaining any required patient consents, privacy notices, authorizations and for compliance with applicable healthcare laws (e.g., HIPAA) with respect to patient data you provide.
Fees and Payment
4.1 Client agrees to pay the fees set out in the Service Agreement or SOW. Unless otherwise stated, all fees are in USD and exclusive of taxes.
4.2 Invoices will be sent monthly (or as agreed). Payment is due within [30] days of invoice date unless otherwise agreed. Late payments may be subject to interest at the lesser of 1.5% per month or the maximum permitted by law.
4.3 If Client disputes any invoice in good faith, Client must notify us within [15] days of receipt; the undisputed portion remains payable.
Term and Termination
5.1 These Terms shall commence on the Effective Date and continue until the Services are completed, unless earlier terminated as provided herein.
5.2 Either party may terminate the Service Agreement or SOW for convenience upon [30] days written notice (unless different notice is agreed).
5.3 Either party may terminate immediately for cause if the other party materially breaches these Terms or the Service Agreement and fails to cure within [15] days of notice (or immediate if required by law).
5.4 Upon termination, Client shall pay all fees and reimbursable expenses accrued through the date of termination, and we shall deliver any completed work to Client. If Client terminates for convenience, any setup fees or non-recoverable costs may still be payable.
Intellectual Property
6.1 We own all rights, title and interest in any methodologies, software tools, templates, special reports, or other materials developed or provided by us in connection with the Services (“Our Materials”).
6.2 Client is granted a non-exclusive, non-transferable license to use Our Materials solely for Client’s internal business purposes and only in connection with the Services. Client may not copy, distribute, license, sell or otherwise exploit Our Materials without our prior written consent.
6.3 All patient data, client data, codes, claims and similar inputs remain the property of Client subject to our right to use them for performance of the Services and internal analytics (see Privacy Policy).
Confidentiality
7.1 Each party shall hold in confidence the other party’s Confidential Information (which includes non-public business, financial, technical, operational, client/patient data, etc).
7.2 Confidential Information shall not be disclosed to any third party except to employees, contractors or advisors who need to know and who are bound by confidentiality obligations.
7.3 These obligations survive termination of the Services for [2] years (or longer if required by law).
Data Protection & Security
8.1 We will maintain appropriate organizational, technical and administrative safeguards to protect patient data, personal data and other sensitive information in our possession.
8.2 You acknowledge that, in connection with performing the Services, we may access, store, process or transfer personal data, including patient health information (PHI). You agree to provide any required consents and to comply with applicable healthcare privacy laws (e.g., HIPAA in the U.S.).
8.3 If we act as a “Business Associate” (or equivalent) under applicable law, we will sign a Data Processing Addendum or Business Associate Agreement as required.
Limitation of Liability and Disclaimer
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU (AND YOUR AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
9.2 IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 We provide the Services “AS IS” and “AS AVAILABLE”, and we make no warranties regarding results, accuracy, completeness, timeliness, or that our improvements will necessarily lead to higher reimbursement, fewer claim denials, or error-free service. Client understands that many factors beyond our control (payer behaviour, regulatory changes, client processes, etc) affect outcomes.
Indemnification
Client agrees to indemnify, defend and hold us and our officers, directors, employees, affiliates harmless from any and all claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising directly or indirectly from: (a) Client’s breach of these Terms; (b) Client’s violation of applicable laws or regulations; (c) any claim by a third party arising from data you provided; or (d) Client’s use of the Services other than as permitted under these Terms.
Governing Law and Dispute Resolution
11.1 These Terms shall be governed by and construed in accordance with the laws of the State of New York (or specify your jurisdiction) without regard to its conflict of law rules.
11.2 Any dispute arising out of or relating to these Terms shall be resolved (choose one):
(a) by arbitration in [City, State], under the rules of [Arbitration Institution] and judgment upon the award may be entered in any court of competent jurisdiction; or
(b) in the state or federal courts located in [County], [State].
11.3 Each party irrevocably consents to the exclusive jurisdiction and venue of such courts.
Miscellaneous
12.1 If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect.
12.2 No waiver of any provision, opportunity or right under these Terms shall be effective unless in writing signed by both parties.
12.3 These Terms, together with the Service Agreement, SOW, and any referenced policies, constitute the entire agreement between the parties concerning their subject matter and supersede all prior agreements and communications.
Have Question? Contact Us
- +12 345 678 900
- support@clinexa.com