Service Level Agreement for HIPAA Backups 

BACKUP SERVICE – MedTech Medical Management Systems (hereafter, the "Company") agrees to provide storage and restoration service of the client's files using the software provided. 

TERMS OF AGREEMENT - The Client agrees to qualify for services by means of a valid credit card or other payment method so agreed to by Company. The agreement shall be for a minimum term of 30 days beginning on the date the service is made available for Clients' use, renewing automatically until terminated (see Termination below.) The minimum billing is for one month's service, at the lowest usage tier, in advance. In the event client terminates for any reason other than breach by Company, no pro-rata adjustments or refunds of any previously paid fees will be offered. 

FEE FOR SERVICE - Rates charged the Client will vary according to the Client's level of usage of the service, primarily the amount of compressed disk storage maintained for use by the Company on behalf of the Client. 

LIMITATION OF LIABILITY, WARRANTY - The Company claims that the use of its services will increase the probability that lost, damaged or destroyed files, data or information may be successfully restored. Nevertheless, the Company makes no guarantee or warranty that the system and services will avert, avoid or prevent the loss of files, data or information for which the system or service is designed to provide due to any combination of natural disaster, technological failures and/or human activities or negligence. Under no circumstances will be the Company be responsible for data lost due to inability of the Client to accurately recall their private encryption key. 

EXCLUSIVE REMEDY - Because of the nature of the services rendered and the system as a whole, it is impractical and extremely difficult to fix the actual damages, if any, which may result from failure on the part of the Company to perform its responsibilities under the terms of this agreement. The Client does not desire this agreement to provide full liability for loss, damage or injury due directly or indirectly to occurrences or consequences which the service or system is designed to deter or avert. In the event the Company should be found liable in any respect for loss, damage or injury due to a failure of the equipment, software or services provided under this agreement, it's liability shall be limited to $250.00, as the agreed upon liquidated damages and not as a penalty. Such liquidated damage is the exclusive remedy for any failure of services, software or equipment. If the Client desires additional liability coverage, it shall be his/her responsibility to secure it from an insurance carrier or other agency of choice, at Client's own expense. The client shall bring no suit against the Company more than one year after the event or occurrence of the cause of action. 

INCREASE IN SERVICE FEES - From time-to-time and at the sole discretion of the Company, the Company may increase the fees it collects for providing service. The Client must be notified of such increases by electronic mail or via a posting on the Company's establish Internet web site not-less-than 30 days prior to the effective date of the rate change. In the event the Client shall be unwilling to pay the increased monthly charge, the Client may terminate this agreement upon giving notice in writing to the Company and ceasing to use the service at the conclusion of the current month. Continued usage of the service shall be deemed acceptance of the revised service fees. 

ASSIGNABILITY - The Company shall have the right to assign this agreement to any person, firm or corporation. The Client may assign this Agreement with written notice to the Company, including proper billing instructions for the new Client. Such Client assignment shall be effective upon the Company's approval of the new entity's credit card, financial statement or with prepayment of required service fees. 

COMMUNICATION CIRCUITS - The Client is responsible for the cost and maintenance of all telephone or other communication circuits required for data file transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of the Company, and are maintained by the communication companies, engaged for service by the Client. If these communication circuits are not functional for any reason, backup data files may not accurately or completely reach the Company's facility or equipment. The Company cannot be responsible for the continued operation of these communication circuits nor the reliability of the data files being received over them. 

TERMINATION - Either party may terminate this Agreement by written notice thirty days (30) in advance of desired termination date. In the event of non-payment of fees, the Company may terminate service with a 10-day email notice to the latest available email address. Written notice of intent to cancel should be sent to: 

MedTech Medical Management Systems
1031 E. Battlefield, Suite 120B
Springfield, MO 65807

WARRANTY OF CLIENT - The individual signing this Agreement warrants that he/she has the authority to sign this Agreement on behalf of the Client and he/she has the authority to permit the installation of software described herein and provided with the service. 

COMPLETE AGREEMENT - This document, along with any specified addendum, is a complete Agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless expressed in writing in this Agreement or any addendum thereto, shall not bind either party and the terms and condition hereof apply as printed without alteration or qualifications except as specifically endorsed thereon in writing. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.