TERMS AND CONDITIONS

PRICING

Medical Data Solutions reserves the right to periodically review and alter price offerings without notice. Support contracts are based on pricing in effect on the date of contract signing; all previous offerings are null and void.

QUOTES

All quotes are valid for 30 days unless otherwise specified.

COMPUTER HARDWARE ORDERS

Full payment for hardware is required before product will be ordered.

SUPPORT

References made to time required to complete specific projects, training, networking, upgrading, updating, and all other types of support or blocks of time which appear on proposals ARE ONLY ESTIMATES based on previous experience. Unforeseen problems with hardware, software, data, etc. may result in additional time to complete. The client is responsible for payment of actual number of hours support is provided. Medical Data Solutions reserves the right to determine the appropriate method of support to be supplied to clients.

BACK-UPS

Clients are responsible for maintaining current backups of all software/data files. Medical Data Solutions recommends that backups be completed before work of any kind is performed on a system. Medical Data Solutions is not responsible for loss of data for any reason.

CUSTOM PROGRAMMING / REPORTS

Support time provided by Medical Data Solutions to assist its clients in the development of customized reports utilizing NDCMedisoft Patient Accounting databases are provided on a "best effort" basis. Medical Data Solutions cannot guarantee that every type of report requested can be successfully developed. The support time required to attempt development is billable at Medical Data Solutions' normal support rates.

NETWORKS

Unless otherwise specified, time to install networks is only an estimate and clients will be responsible for payment of actual numbers of hours for installation. Installation of network equipment not purchased from Medical Data Solutions is not guaranteed. All hardware, software, networking equipment, etc. not purchased from Medical Data Solutions is not guaranteed with regard to functionality or compatibility with hardware, software, or network items purchased from Medical Data Solutions.

COMPATIBILITY

Medical Data Solutions can assume no responsibility for incompatibility of products due to use of below minimum required hardware or software version.

POWER FAILURES, SURGES, AND PROBLEMS

Medical Data Solutions assumes no responsibility for damage to hardware, software, or other equipment, or loss of functionality and/or data due to electrical failures, surges or other problems from any source (faulty wiring, electrical storms, lightening hits, and reconfiguration done by anyone other than Medical Data Solutions, etc.)

NDCMEDISOFT UPGRADES / UPDATES

Prices quoted on upgrades to a NDCMedisoft product presupposes that proper serial number registration, verifiable through NDCMedisoft Corporation. Software updates periodically provided by NDCMedisoft will be made available to Medical Data Solutions clients and will be priced in accordance with NDCMedisoft guidelines, with applicable Medical Data Solutions discount, plus shipping and handling charges.

LEASING

Medical Data Solutions provides referrals to leasing companies as a service to our clients. Agreements made with these companies are solely between the leasing company and the client. Medical Data Solutions is in no way a party in that agreement.

LIMITED WARRANTY

Medical Data Solutions warrants that the product delivered by them will be of the kind and quality described in the order or invoice and will be free of defects in workmanship and material. Should any failure to conform to this warranty appear the manufactures warranty shall take precedence, including any manufactures warranty mandating return of equipment in original packaging for warranty repair or replacement. Lack of original packaging may result in additional cost. The hardware and software described in this document is furnished under license agreement or nondisclosure agreement, by third parties. Medical Data Solutions is a dealer or reseller of the hardware and software and makes no express or implied warranties of either the hardware or software. As a dealer, Medical Data Solutions makes no representations, warranties or guarantees, expressed or implied including warranties or guarantees of merchantability or fitness for any use or any particular purpose with regard to the third party software, documentation, or the hardware. The software is licensed to the user on an "as is" basis. In no event shall Medical Data Solutions, its affiliates, or their respective officers, directors, employees, representatives or agent be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Medical Data Solutions has been advised of contract, negligence, or otherwise, and whether or not Medical Data Solutions has been advised of the possibility of any such damages.

RETURN POLICY

Opened software, hardware, and peripherals may only be exchanged for the exact same item or greater product and may not be returned for a refund. Shipping, support, insurance and telephone charges are not refundable.

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