INTEGRATIONS, INTERFACES, BACKUPS, CONVERSIONS AND CUSTOM REPORTS ADDENDUM
Effective as of January 1, 2024 (Version Number: 45292)
All terms not defined herein shall have the meaning ascribed to them in the DAS Standard Incorporated Terms and Conditions.
Integrations, Interfaces, Backups, Conversions and Custom Reports – If the executed COF includes Integrations, Interfaces, Backups, Conversions or Custom Report, or Original Equipment Manufacturer Tools (“OEM Tools”) in any form, the following additional terms and conditions apply:
- DAS will make commercially reasonable efforts to implement requested Integrations, Interfaces, Backups, Conversions and Custom Reports; there are no guarantees that they will be successful or delivered in any specific timeframe, notwithstanding anything stated to the contrary. All payments for Integrations, Interfaces, Backups, Conversions and Custom Reports are due in full up front, and are non-refundable. In the event that DAS commences an Interface based on a COF from the third-party vendor, and the vendor does not pay within 30 days of Go-Live (or 60 days from the COF Effective Date, whichever is earlier), the Client shall be solely responsible for payment.
- Conversions, Interfaces and Custom Reports are provided solely based on the terms of any executed Conversion, Interface or Custom Report COF, respectively. Conversions and Custom Reports shall be “delivered” when they are complete pursuant to the specification included in the respective COF. Any additional work beyond the written specification included in the respective COF shall be billed as Additional Charges at the then standard rate for Engineers (currently $275 per hour).
- All third-party vendor interface pricing assumes the cooperation of other vendor and device compatibility; otherwise, additional charges may apply. Third party vendors may also institute charges, for which Client is solely responsible. Any delay in Go-Live resulting in whole or in part from delays by the third-party vendor will result in MSC charges commencing based on the otherwise scheduled Go-Live date, which shall be presumed to be 30 days from the Effective Date of the COF, whether or not the Interface is live at that time.
- In the event that a third-party vendor offers to pay for the interface, any such payment shall require a third party subsidy agreement between the Client and third-party vendor which shall include confirmation that payment of any such subsidy will be in strict compliance with Stark, Anti-Kickback, and all other laws and regulations, and that the third party vendor and Client shall each indemnify and hold DAS harmless from any damages related thereto.
- Client should require that its third-party interface vendors have a business associate agreement on file with the Client as the Covered Entity. DAS may require proof of cyber liability insurance before being approved.
- Interfaces may be discontinued by DAS in the event that a third-party interface vendor is in breach of HIPAA or this Agreement, or DAS determines in its sole discretion that the discontinuation is necessary to protect the confidentiality, integrity and availability of electronic Protected Health Information; upon discontinuation for any reason (other than nonpayment), Client will no longer be billed for the discontinued interface.
- If the COF includes Backup or Deconversion services, Client will be provided options for data retrieval at prices stated therein, which options may include a provision of the backup files in their native form, a de-converted database in a form that may be converted into another system format, and/or electronic copies of patient files in .PDF format. All data backup and deconversion options require advance payment in full of any amounts due under the Agreement through the end of the Term.