AP TeleCares Provider Agreement
This Agreement governs your use of AP TeleCares, (the Services as further defined below), an internet-based telemedicine solution to conduct online video or audio sessions or other interactions with registered patients/clients, solely in accordance with your duties and obligations as a licensed provider of such services.
Use of the Services is expressly conditioned on (i) your compliance with your professional duties as a licensed, registered and/or board certified physician/provider healthcare professional, and (ii) acceptance of this Agreement.
Please take the time to carefully review this Agreement because it will govern your use of AP TeleCares. To participate in any Services offered by AP TeleCares, you must read this Agreement and indicate that you understand and accept all of the terms and conditions herein. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These terms and conditions apply to any use by you of the Services on this website, including without limitation all Services available at http://www.AP TeleCares.com (the “Site”), or AP TeleCares services accessible through other sites, such as a personal webpage, or any AP TeleCares partner.
In addition to this Agreement, in connection with your use of the Services, you are also bound by any policies, guidelines, rules, schedules, disclosures, disclaimers, or amendments to this Agreement, and any other terms that we post on the Site or otherwise provide or make available to you from time to time, each of which are hereby incorporated by reference.
Throughout this Agreement, the words “AP TeleCares,” “we,” “us,” or “our” mean, collectively, AP TeleCares and all of its respective affiliate, successors or assigns. “You” or “your” means the Authorized Person who is a licensed and registered physician/provider, healthcare professional, or medical or psychiatric consultation services who establishes an account with AP TeleCares which is accessible through the Services, the Site, or any website or partner that offers AP TeleCares services. “Patient/Client” means a registered individual who uses AP TeleCares to find a physician/provider and/or receive medical and/or psychiatric consultation services.
DESCRIPTION OF SERVICES
The “Services” shall mean all communication services, features, products, and services available or otherwise used by you on or through the Site or a website that embeds or makes available AP TeleCares services. You may use the Services on the site to provide medical consultations to registered private paying patients/clients.
By using the Services, you represent and warrant that:
(a) You have the legal capacity and authority to agree to the terms and conditions of this Agreement;
(b) All registration information and session information you submit (including but not limited to your licensure information) is accurate and truthful;
(c) You will maintain the accuracy of such information;
(d) You are, and will be at any time that you use the Services and Site, licensed, registered or certified, as applicable, in good standing, and shall meet all other legal requirements, to provide medical consultations to End Users in the States in which you provide those services using the Services and Site;
(e) At any time that you are no longer licensed, registered or certified, as applicable, or otherwise permitted in a State to provide medical consultation services to End Users, you will immediately cease to use the Services and Site to provide medical consultation in that State and shall notify AP TeleCares of such restriction or cessation;
(f) You are a health care physician/provider who is contracted, credentialed and in good standing in your Profile (as defined below) to provide medical consultation to registered patients/clients;
(h) Your use of the Services does not violate any applicable law or regulation.
Your profile may be removed and/or your participation may be terminated without warning if AP TeleCares believes that you are in breach of any of the foregoing representations and warranties.
YOUR RESPONSIBILITIES AND LIABILITIES
The Physician/Provider must procure all hardware and software necessary for conducting online video sessions, including:
i. Desktop computer or laptop with Windows 7+ or XP (PC) or OSX 10.6 (Mac) or higher
ii. Supported Web Browsers (Internet Explorer 9+, Mozilla Firefox 24+, Apple Safari 6+, Google Chrome 30+, or Opera 17+)
iii. Adobe Flash Player 11.8 or higher
iv. Webcam and microphone1
v. Speakers or headphones
vi. Broadband internet connection2
1 AP TeleCares works with all standards compliant webcams supported by the Adobe Flash Player software. For the best possible video quality we suggest a high-definition (720p or 1080p) webcam such as the Logitech c920 or Microsoft LifeCam Studio.
2 A connection with a download speed of 768Kb/sec and an upload speed of 512Kb/sec is required in order to take part in video chat sessions. A connection of 2Mb down / 1Mb up is suggested and will result in a higher quality user experience. A connection of 3.5Mb down / 2Mb up is required for high-definition video quality.
You will complete such training regarding the Services and Site as may be required by AP TeleCares from time to time throughout your use of the Service and Site.
You will complete an online profile (Profile) describing yourself in such form and having such content as AP TeleCares may determine and communicate to you from time-to-time by email or secure messaging. You hereby consent to AP TeleCares posting your Profile and a picture of yourself on the Site.
If requested by AP TeleCares, you will complete a video introduction in such form and having such content as AP TeleCares may determine. AP TeleCares shall arrange for and pay costs associated with such video introduction.
You agree to maintain availability to treat patients/clients hereunder in the same manner and to the same degree that you maintain availability to treat all other patients. You agree to notify AP TeleCares if you cease accepting new clients.
You will personally provide the medical consultation using the Services and Site hereunder. You agree to use your best efforts to give AP TeleCares not less than thirty (30) days prior written notice if you decide to stop accepting new clients, planned leave that will exceed one week in duration, or will cease using the Services and Site.
You acknowledge that it is your obligation to ensure a proper transition of care for any clients for whom you will no longer provide medical consultation.
You will at all times provide the medical consultation using the Services and the Site in accordance with all applicable federal, state laws and local and regulations, as well as the applicable ethical and professional standards applicable to you now in effect or as may be adopted from time to time by any regulatory or professional standards body having jurisdiction over you. This shall include, but shall not be limited to, all federal and state laws pertaining to the provision of medical/clinical services via telemedicine.
You represent and warrant that you will maintain the confidentiality of Patient/Client’s Personal Information and shall only use Patient/Client’s Personal Information for the provision of healthcare or counseling services.
In order to provide the Services, AP TeleCares shall make information concerning you, including, without limitation, (i) your practice address, phone number, fax and email, (ii) photograph, and (iii) general practice information (collectively Your Information), available on the Site and as part of the Services made available by AP TeleCares to End Users of the Site.
It is your sole responsibility to ensure that the contact and licensure information in your AP TeleCares Profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses, states and types of licensure, and account numbers. Changes to your contact information can be made in the personnel section of the Site. You will promptly update and notify AP TeleCares of any change in this information. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.
You agree that AP TeleCares may share Your Information with any hospital, insurance company, healthcare provider or other similar entity with whom you are professionally affiliated (Related Entities) for the purposes of enabling the Related Entities to use, display and reproduce Your Information to their patients or clients and/or to book appointments through the Services on their behalf.
You agree that AP TeleCares may contact you via email regarding this Agreement, the Site or the Services.
You will respond to Patients/Clients’ scheduling requests within a reasonable amount of time, but in no event more than one business day after receipt of request for an appointment.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Services requires a computer, webcam and Internet access connected through an Internet service provider with a web browser.
Provider acknowledges that in the course of performing services or work under this Agreement, you may be given access to resources, information, and materials which are owned by AP TeleCares, its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to AP TeleCares, and which constitutes valuable resources, confidential and/or proprietary information, know-how, and trade secrets belonging to AP TeleCares, its subsidiaries or affiliates, and/or third parties (hereinafter referred to as “Proprietary Information”). You hereby agree to hold the Proprietary Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of AP TeleCares. You agree that all Proprietary Information shall be used only for the purpose of providing medical consultation services on the Site under this Agreement and shall not be produced, copied, in whole or in part, except as specifically authorized and in conformance with AP TeleCares’s instructions when necessary for the purposes set forth herein. You shall return all Proprietary Information, together with any copies, reproductions or other records thereof in any form, to AP TeleCares at such time as you cease using the Services and Site.
You agree to abide by all AP TeleCares policies and standards governing access to and use of computer resources, as such standards may be modified from time-to-time and communicated to you by AP TeleCares by email or secure messaging.
You agree to keep your username and password and any other security or access information (collectively, Access Information) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. You agree not to give or make available your Access Information to any unauthorized individual.
You will be solely responsible for any disclosure of your Access Information or use thereof by any unauthorized third party.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify us immediately.
We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the Site or any other AP TeleCares sites and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
We strongly recommend that you do not use AP TeleCares on public computers. We also recommend that you do not store your AP TeleCares password through your web browser or other software.
HIPAA AND STATE PRIVACY LAWS
As a Treatment Provider, you could be a Covered Entity for purposes of compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), and you may also be subject to similar state laws. Accordingly, information you collect could be protected under HIPAA and state privacy laws. All Covered Entities must enter into a Business Associate Agreement with AP TeleCares. AP TeleCares is a technology provider, not a Covered Entity, and intends only to be a conduit of personal health information. You will be solely responsible for the creation and maintenance of patient records. You understand compliance with HIPAA and state privacy laws is your responsibility. While use of AP TeleCares’s technology is designed to provide security of information as required by HIPAA, AP TeleCares makes no warranty or representation that your compliance with this Agreement or your use of its products or services will be adequate or satisfactory for you to fully comply with HIPAA or state privacy laws.
TREATMENT PROVIDER OBLIGATIONS WITH RESPECT TO END USER INFORMATION
An End User may submit medical history and other personal information (“End User Personal Information”) on the Site and authorize you to have access to such information in advance of an appointment. You acknowledge, agree, release and indemnify AP TeleCares from all claims and liability arising out of your failure to have the End User confirm the End User Personal Information or arising out of any omissions or errors in any End User Personal Information provided through the Services. You have no rights in the End User Personal Information maintained by AP TeleCares other than as is expressly provided hereunder.
SERVICE FEES AND CONDITIONS
Participating physicians and providers agree to a minimum of one (1) year subscription, to be renewed automatically, and commit to generating income to cover the subscription fees within the contract period, unless a written notice of thirty (30) business days is given by either party.
AP TeleCares will pay participating physicians and providers for all rendered telemedicine video consults the first week of each month through direct deposit transfers minus the monthly subscription fee of $250 (if applicable) and the agreed 5% monthly administrational fees.
DIRECT DEPOSIT FOR PROVIDER FEES
By completing the information in your Profile, including your designation of a bank account for direct deposit of any amounts owed to you, you are authorizing AP TeleCares to make deposits to such account. This authorization will remain in effect until you cancel such authorization in your Profile.
You agree that all electronic communications that we receive on the Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Services, will be deemed valid, authentic and binding.
You agree (to the maximum extent permitted by law) to hold harmless and protect and indemnify AP TeleCares and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by AP TeleCares pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you disclose to AP TeleCares.
COMMUNICATION FEES AND CHARGES
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
CHANGES IN SERVICES/INTERRUPTIONS IN SERVICE
We may revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Agreement as posted on the Site.
We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.
This Agreement is personal to you and you may not assign this Agreement or your rights to the Services to any other party. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the Site or any other AP TeleCares site.
LIMITATION OF LIABILITY
You acknowledge that AP TeleCares is not a health care provider, licensed or otherwise. AP TeleCares cannot and will not assume responsibility for or control over the care of any patient, which shall, at all times remain your responsibility. AP TeleCares will not be responsible for the assignment of staff to treat End Users or any other activity that involves the practice of medicine or the provision of health care services.
You acknowledge and agree that AP TeleCares is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Your Information, End User Personal Information, other data provided by End User, or any other data or information provided or received through the Site or the Services, (ii) the results that may be obtained from the use of the Site or the Services, (iii) the provision of your services as a result of your reliance on any End User Personal Information or other data provided by End User, through the Site or the Services, or (iv) the cancelling or rescheduling of any appointment booked through the Site or the Services by any End User.
Except as otherwise expressly provided herein, your use of the Services is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE ENTITIES COMPRISING AP TELECARES OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) LOSS OF PROFITS, LOST REVENUE, COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, OR THE INABILITY TO ACCESS OR USE THE SITE OR SERVICES, WHETHER CAUSED BY AP TELECARES OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL AP TELECARES’s LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE LAST 30 DAYS.
You will defend, indemnify and hold AP TeleCares and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to (i) any services or treatment provided by you to an End User resulting from your use of the Services or the Site, or (ii) any breach of a representation or warranty hereunder.
GOVERNING LAW AND DISPUTE RESOLUTION
The terms and conditions contained in this Agreement shall be construed under and governed by the laws of Los Angeles, California, and any dispute arising from this Agreement or the breach of this Agreement shall be governed by the laws of the Los Angeles, California.
You agree that any dispute, controversy or disagreement arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof, shall be settled exclusively by binding arbitration, which shall be conducted in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration, and which to the extent of the subject matter of the arbitration, shall be binding not only on all parties to this Agreement, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES AND THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. WHILE AP TELECARES MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AP TELECARES MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Nothing contained in the Services is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
This Agreement has been negotiated in good faith through arms’ length negotiations. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or services, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with an End User’s right to choose his or her own health care provider.
If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
AREA OF SERVICE
Unless otherwise agreed by AP TeleCares, the Services described in this Agreement are solely offered within the United States of America.
I HAVE CAREFULLY READ AND UNDERSTOOD EVERY PART OF THIS AGREEMENT AND ACKNOWLEDGE I AM BOUND BY IT BY MY SIGNATURE BELOW: