Annual Software Support Contract

(1) On site support provided:________  Number of Client locations: _______       

Contract start date:  _____________ Contract end date: ___________
(This contract carries a 3-month trial period from the date it is signed)

The Annual Software Support Contract includes (FREE of CHARGE):

Hereafter, the Medisoft term refers to the following McKesson's products: Medisoft, Office Hours, Encoder Pro, Final Draft, Medisoft EDI Modules

• Installation of service packs, patches or updates made available from Medisoft

• Yearly Procedure and Diagnosis codes updates when made available to TCSP

• HIPAA patches installation when made available to TCSP

• Installation of new custom reports and forms made available from Medisoft

• Telephone, (1) On-Site, and Dial-Up Tech Support for office staff for Medisoft software only

• Medisoft training for new employees or current employees

• Data Backup end user assistance

• Data restoration services in the event the file server crashes

• Setup Medisoft network clients for new or existing computers

• Covers any Medisoft directly related issues

• Configuration and installation of Medisoft software upgrade

• ePractice EMR™ software developed by TCSP: 

   

  • Patient Appointment Reminder System
  • Insurance claim scrubbing
  • Insurance Card and Driver’s License Scanning
  • Image and Document Scanning
  • Electronic Prescribing
  • Internal Messaging System
  • Data Integrity Check
  • Chart, Insurance, Lab Request and other Labels
  • Check insurance claims for errors before submission
  • Patient Immunizations
  • Patient Treatment History
  • Medicare Fee Schedule Updates
  • Patient and Staff messaging system
  • and other features

The Client is licensed to use ePractice EMR™ while maintaining a good standing "Annual Software Support Contract" with TCSP.  ePractice EMR™ is developed and fully owned by TCSP.  ePractice EMR™ must be removed from all Client's computers in the event no "Annual Software Support Contract" is in effect between the Client and TCSP.  In the event the Client and TCSP dissolve their relationship, all medical records data generated by the Client are the sole property of the Client and should remain at the Client's computer.

The Annual Software Support Contract DOES NOT include (CHARGES APPLY):

• Does not cover any hardware support or replacement parts.

• Does not cover any hardware.  Hardware support services are available from TCSP on a time and material basis

• Does not cover any other software application besides Medisoft. 

• Does not cover installations or upgrades of an operating system such as Windows.

• Does not cover problems arising from end-user downloads from the Internet such as multimedia files, videos, pictures, games, music, viruses and so on.

• Does not cover any entertainment or Internet related software

• Does not cover upgrades to new versions of Medisoft.  New versions must be purchased by the Client (installation and upgrade services is covered under this support contract)

EXAMPLES

• Problem: User comes in the morning and is not able to connect to Medisoft on the network.  User calls in for support.

• Solution:  Tech went on site and applied patches required for Medisoft in order to work with new updates on Microsoft Windows

• Covered? YES
  
  

• Problem: Error message on the screen tells user that the network drivers are corrupted

• Solution:  Tech came on site and reinstalled the network drivers.  Users are then able to connect to Medisoft

• Covered?  YES
  
  

• Problem: My system crashed. Our data has disappeared.  We’re able to get into Medisoft but no data is there.

• Solution:  Tech came on site and used the previous day backup to restore the missing data

• Covered?  YES
  
  

• Problem:  User was on the Internet the day before.  End user downloaded Yahoo Chat software and a couple of chat programs.  PC did not start the next day.

• Solution:  Tech came on site and removed Yahoo Chat software and cleaned the Windows Registry.

• Covered? NO
  
  

• Problem:  I can’t print anymore from Medisoft or any other program.  The printer does not come on when I tried to reset it.

• Solution:  Printer was replaced with a new one and reconfigured.  Hardware problem.

• Covered? NO
  
  

• Problem:  My PC is not working anymore.  There was someone in the office over the weekend using my computer and since then the computer does not work the same way anymore.

• Solution:  Tech went on site and there was a new modem installed.  Modem caused conflict with the video card or other devices causing the PC to slow down and lock up.  User was trying to install a new program to connect to his online banking.  Not related to Medisoft program.

• Covered? NO
  
  

• Problem:  I need a special report created in Medisoft.

• Solution:  ** Report request was submitted to TCSP.  TCSP programs the report in Medisoft or ePractice EMR™ for the Client.

• Covered? YES

** Any special reports requested by The Client must be submitted in writing. Reports within the Medisoft program can normally be completed within days of submission. Special ePractice EMR™ requests are put into a "Programming Queue". Completion date varies depending on the request and how many requests are in the "Programming Queue" before the Client's request. An estimated completion date is given to The Client that can vary from the actual completion date. The Client is welcome to call TCSP at any time to request completion status on any request placed by The Client. Please be aware that ePractice EMR™ programming requests can take months before completion.

THE CLIENT’S AND TCSP'S RESPONSIBILITIES:

• The Client will provide access within a reasonable time frame to its facilities when requested by TCSP. Access to the Client’s facilities after business hours may be necessary from time to time to reduce network downtime.
  

• The Client will maintain and provide all hardware, peripherals, software, parts, software, licenses and computer systems at TCSP specified minimum release levels and configurations. The Client must also install remedial replacement parts, patches, software updates or subsequent releases as directed by TCSP in order to keep the Client's systems running smoothly
   

• The Client agrees to follow the instructions TCSP provides after previous discussion with the Client.
   

• The first troubleshooting step for any problem the Client may have is over the phone or through remote connections.  The Client shall assist TCSP in resolving any problems over the phone or through remote connections first
  
  

• TCSP initial response and follow up time to Client's technical issues is normally within an hour during regular business hours.
   

• TCSP will log all service calls and provide reports to the Client upon request.  A resolution reference number and an estimated time will be provided to the Client for all service calls upon request.
  
  

• The Client can submit all service requests via phone, fax or email to TCSP.
   

• The Client must supply TCSP with the appropriate customer contact name, phone number, e-mail and fax number
   

• The Client should cooperate with TCSP to see that all problems are successfully resolved.
   

• It is the full responsibility of The Client to back up and safeguard its own data, and to maintain adequate security and protection for the Client's computer systems.  TCSP IS NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DATA LOSS, DATA CORRUPTION OR ANY USAGE LOCK OUT WHATSOEVER.
   

• All custom reports, programming scripts, custom databases or any other software provided, created or installed for the Client by TCSP is the property of TCSP or is protected by intellectual property rights. TCSP reserves the right to use them as it renders necessary.
  
  

• Upon termination of this contract, it's the Client's responsibility to remove from its computers and return ePractice EMR™, custom reports, programming scripts, custom databases or any other software provided and developed by TCSP for the Client under the terms of this "Annual Software Support Contract".  The Client shall allow TCSP to oversee the Client's compliance.
  
  

• It is the Client's full responsibility to follow up on all claims, supervise claim processing, contact insurance companies, contact the clearinghouse or follow up with any other claim processing related issue.  It is not TCSP' responsibility to fix or process medical claims.
   

• At the time of initial setup, TCSP shall assist the Client on setting up electronic claims.  After electronic claims have been setup and the Client is submitting on a regular basis, it is the Client's responsibility to maintain the electronic claims system in good working order. The Client understands that TCSP is not a medical claim clearinghouse.  Any issues in relation to claim processing must be resolved between the Client and the clearinghouse directly.
   

• Neither the Client nor TCSP is responsible for failure to fulfill any obligation due to causes beyond its control.  If TCSP’s ability to render support services is impaired by circumstances beyond TCSP's control, TCSP may terminate this Agreement at any time without further obligations.  TCSP liability is limited to the amount fully paid by the Client under the terms of this contract for the "Annual Software Support Contract".
   

• TCSP reserves the right to terminate this contract at any time with just cause.  If TCSP decides to terminate this contract, TCSP shall refund any unused money paid by The Client at the time of termination without further obligation by TCSP.
  

• The terms of this "Annual Software Support Contract" are subject to change by TCSP as TCSP renders necessary.  In such event, TCSP shall submit a copy of the new terms to the Client for review of the new terms.  The Client must submit in writing to TCSP any objections or rejections to the new terms within 90 days of receipt. A "No Reply" by the Client shall be constituted as an approval by the Client to the new terms.
   

• This contract is not transferable unless TCSP and The Client both agree
   

• The Client agrees to pay for all legal fees and other costs, including reasonable attorney's fees and court costs, relating to the non-payment of services or contract payments, disputes or any other business related matter between the Client and TCSP.
  

COMPENSATION:

The Client shall compensate TCSP in the amount of $ ________ due at the beginning of each __________ plus sales tax. Outstanding balances 30 days or older are subject to a 1.5% late fee charge per month and/or interruption of services. All on site visits carry a $___-per-trip traveling fee (charge is limited to a maximum of __ per month)

CONTRACT RENEWAL CLAUSE:

At the "Contract end date" and thereafter, this contract shall renew for another year unless The Client decides to terminate this contract, in writing, 90 days before this contract expires.

OTHER COMMENTS:
_______________________________________________________________________________________
****  Remote Internet connection to the Client's server and workstations is required. 
_______________________________________________________________________________________
**** The Client has the option to terminate this contract during the 3-month trial period
_______________________________________________________________________________________
                                          
_______________________________________________________________________________________

_______________________________________________________________________________________
   
_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________