I understand that by clicking the ”Place Order” button, I am agreeing to Walker Tek’s Terms & Conditions for this purchase.
- Walker Tek Software Purchase
- Walker Tek Software Returns
- Technical Support Agreement
- Protected Health Information (PHI)
- Revenue Management
- Data Corruption Repair
Your order will come with. (Free support with purchase covers a lot of standard support issues, but does not cover training, Revenue Management set up, or data corruption repair. Free support with purchase does cover installation if your office is doing the installation with Waker Tek’s assistance. If you would like us to install it for you, we would be happy to do that. Install cost is $600 for Medisoft Network Pro and $450 for Basic or Advanced.)
- Returns – If you need to return your order you can, minus a 15% restocking fee to cover our expense in processing your order.
- Returns after registering – You can return your product after you have registered it, minus a $100 de-registration fee to cover the expense involved in that process.
This Technical Support Agreement (“Agreement”) is entered into by and between Walker Tek Solutions LLC (“Walker Tek”) and the customer identified below (“Customer”). This Agreement shall be effective upon the date accepted by Walker Tek, as evidenced by Walker Tek’s receipt of an executed unmodified Agreement. This Agreement cannot be deferred or post dated for a later start date under any circumstances.
Walker Tek shall provide standard technical support services (“Standard Support”) to Customer by answering questions and providing assistance specifically regarding the operation of Customer’s registered copy of Medisoft and applicable add-on products Office Hours, or Lab Connect.
Standard Support provided may include, but is not limited to, troubleshooting of an issue and providing resolution when available. It does not include network configuration, operating systems issues or, computer hardware problems. If it is determined that data corruption is causing the problem, a technical support person may suggest that file repair be done at an additional charge beyond the normal pricing listed above. Data conversion in connection with upgraded software (like product to like product) also is available for an additional charge.
Customer understands that Walker Tek’s sole obligation under this Agreement is to provide the technical support services described above. Walker Tek shall use commercially reasonable efforts to correct the problem Customer may be experiencing, but does not guarantee that any support provided under this Agreement will be sufficient to do so. Walker Tek cannot guarantee that any issue resolution will be completed in a set amount of time. Walker Tek shall provide the technical support services described within this Agreement during Walker Tek’s business hours, which are Monday-Friday, 8:00 a.m. to 5 p.m. Central time, except holidays. Customer understands that Walker Tek will keep Customer’s data, to which it has access during problem resolution, secure and confidential in accordance with Walker Tek’s obligations under the Health Insurance Portability & Accountability Act. By signing this Agreement, the parties agree to comply with the terms and conditions of the Business Associate Amendment attached hereto. Walker Tek’s technical support staff will provide services consistent with the standard of care generally accepted within the industry for such services. IN NO EVENT SHALL WALKER TEK BE RESPONSIBLE FOR DAMAGES OF ANY NATURE, EXCLUDING THOSE CAUSED BY WALKER TEK’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
It is understood that this Agreement is non-refundable and non-transferable, and any disputes relating to the services provided herein must be sent in writing to Walker Tek within 30 days from the date of the alleged breach by Walker Tek. Walker Tek will have 30 days from receipt of any dispute letter to investigate and reply to Customer with its findings. All such findings and/or conclusions will be considered final.
Walker Tek shall have the right to immediately terminate this Agreement if Customer breaches any of the terms or conditions of this Agreement, including but not limited to non-payment of any fees owed to Walker Tek by Customer under this Agreement, or any other agreement between the parties. Customer must remain in good standing at all times, with all outstanding invoices paid in full in a timely fashion. Upon termination, Customer shall not be entitled to any refund for the remaining period of the Agreement.
By placing a check in the box during check-out Customer acknowledges and agrees to these conditions and authorizes Walker Tek to charge Customer’s credit card for the services described above.
If Customer is a Covered Entity subject to the Health Insurance Portability and Accountability Act of 1996, as amended (the “Act”), including the federal privacy regulations (the “Privacy Rule”) and the security regulations (the “Security Rule”) promulgated pursuant to the Act and codified at 45 C.F.R. parts 160 and 164, (collectively, “HIPAA”), then the Parties agree as follows:
1. Definitions. Unless otherwise defined in the Agreement or this Amendment, capitalized terms shall have the meanings set forth in HIPAA.
2. Disclosure or Use of Protected Health Information (“PHI”). Walker Tek shall use and/or disclose PHI received from Customer or its authorized submitters only as permitted or required by this Amendment or as Required by Law. Walker Tek shall be entitled to disclose and use PHI received from Customer or its authorized submitters (i) for the purpose of providing the Services or as otherwise directed or requested by Customer, (ii) for the proper management and administration of Walker Tek’s business, (iii) to carry out Walker Tek’s legal responsibilities, or (iv) as otherwise permitted or Required By Law. Without limiting the generality of the foregoing, Walker Tek reserves the right at its sole discretion to disclose an Individuals PHI in response to and in accordance with a valid authorization executed by the Individual that meets the requirements set forth in the Privacy Rule. Customer authorizes Walker Tek to aggregate and/or de-identify PHI created or received by Walker Tek on behalf of Customer, provided that the aggregation and/or de-identification conforms to the requirements of the Privacy Rule. The resulting information may be used and disclosed by Walker Tek to the extent permitted under applicable law, for consideration or otherwise.
3. Safeguards Against Misuse of PHI. Walker Tek agrees that it will implement appropriate safeguards to prevent the use or disclosure of PHI received from Customer or its authorized submitters other than pursuant to the terms and conditions of this Amendment.
4. Safeguards Related to Integrity of Electronic PHI. Walker Tek agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic PHI that it creates, receives, maintains, or transmits on behalf of Customer.
5. Security of Electronic PHI. Walker Tek shall report to Customer any Security Incident with respect to Electronic PHI of which it becomes aware and which has compromised the protections set forth in the Security Rule. This reporting obligation does not include trivial occurrences, such as scans, “pings” or unsuccessful attempts to penetrate computer networks or servers containing PHI maintained by Walker Tek; provided that, upon Customer’s written request, Walker Tek will provide an aggregate report of the number of such trivial occurrences.
6. Reporting of Disclosures of PHI. Walker Tek shall report to Customer any use or disclosure of PHI in violation of this Amendment as soon as reasonably possible after becoming aware of the disclosure.
7. Agents and Subcontractors. Walker Tek shall enter into an agreement with any of its subcontractors or agents that will have access to any PHI that is subject to this Amendment, pursuant to which the agent or subcontractor agrees to be bound by the same restrictions, terms, and conditions on the use of PHI that apply to Walker Tek pursuant to this Amendment. In addition, Walker Tek shall enter into an agreement with any of its subcontractors or agents to whom it provides Electronic PHI, pursuant to which the agent or subcontractor agrees to, implement reasonable and appropriate safeguards to protect the Electronic PHI.
8. Availability of Books and Records. Walker Tek hereby agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Walker Tek on behalf of, the Customer reasonably available to the Secretary of the United States Department of Health and Human Services for purposes of determining Customer’s compliance with the Privacy Rule and/or the Security Rule.
9. Liability. Walker Tek shall indemnify Customer for any costs or expenses incurred in connection with claims asserted against Customer that arise as a result of Walker Tek’s gross negligence or willful misconduct in handling Customer’s PHI.
10. Assisting with Patients’ Rights. Walker Tek agrees to make available to Customer information necessary for Customer to make an accounting of disclosures of PHI about an Individual in accordance with 45 C.F.R. 164.528, as amended. In addition, to the extent Walker Tek possesses PHI that constitutes a Designated Record Set, Walker Tek agrees, at Customers sole cost and expense, (i) to make available PHI necessary for Customer to respond to individuals requests for access to their PHI in accordance with 45 C.F.R. 164.524, and (2) make available PHI for amendment and to incorporate any amendments or corrections to the PHI in accordance with 45 C.F.R. 164.526. Notwithstanding the preceding sentence, the Parties agree that Walker Tek does not, and shall have no obligation to, maintain any Designated Record Sets on Customer’s behalf. In the event any Individual requests access to PHI in Customer’s Designated Record Sets directly from Walker Tek, Walker Tek shall, within thirty (30) business days, forward such request to the Customer. Any response to such requests, denials of access to or amendment of Customer’s PHI shall be the responsibility of Customer. Notwithstanding the above, nothing in this Section 10 is intended to prevent Walker Tek from releasing PHI in response to an Individual’s valid authorization.
11. Customer Obligations. Customer agrees to obtain any consent or authorization that may be required by the Privacy Rule or any other applicable law and/or regulation prior to furnishing Walker Tek with PHI. Customer also agrees to inform Walker Tek of any PHI that is subject to any arrangements permitted or required of Customer under the Privacy Rule that may materially impact in any manner the use and/or disclosure of PHI by Walker Tek under this Amendment, including, but not limited to, restrictions on the use and/or disclosure of PHI as provided for in 45 C.F.R. 164.522 and agreed to by Customer. Customer shall not request Walker Tek to make any use or disclosure of PHI that would not be permitted under the Privacy Rule if made by Customer directly.
12. No Third Party Beneficiaries. Nothing expressed or implied in this Amendment or the Agreement is intended to confer, nor shall it confer, upon any person any rights, remedies, obligations or liabilities other than those explicitly detailed in this Amendment or the underlying Agreement.
13. Termination. Failure of Walker Tek to comply with any of the provisions contained in this Amendment shall be deemed a breach under the Agreement, and Customer shall be entitled to exercise all available rights, including termination, as provided in the Agreement. Upon termination or expiration of the Agreement, Walker Tek shall return, destroy or de-identify all PHI received from, or created or received by Walker Tek on behalf of, Customer, that remains in Walker Tek’s possession or control and retain no copies of that PHI, or if the return or destruction is not feasible in Walker Tek’s determination, extend the protections of this Amendment to the retained PHI and limit further uses and disclosures to those purposes that make the return or destruction unfeasible.
14. Effective Date. The effective date of this Amendment is the later of the effective date of the Agreement, except that such terms or conditions related to Electronic PHI only shall be effective the later of the applicable Security Rule compliance date for the Customer or the effective date of the Agreement.
The following terms apply to Training by Walker Tek Solutions LLC.
Prices and payment
Prices for training include the use of required education materials. They do not include travel and living expenses.
You will be charged the full price of a training session if you do not cancel or reschedule the session at least three calendar days prior to the scheduled training or if you do not show up for the training session. However, you may cancel your training session at any time within the three days following your initial or any rescheduled training session without charge. If you cancel between four and seven calendar days prior to the scheduled start date you will be billed 25% of the full price; and if you cancel between eight and fourteen calendar days prior to the scheduled start date you will be billed 10% of the full price. Cancellation of a training more than fourteen calendar days prior to the scheduled start date may be made without charge.
- You agree not to copy our copyrighted material without our prior written consent.
- You agree not to use recording equipment in our training without our prior written consent.
- You agree not to use our trademarks, trade names, or other designations in any promotion or publication without our prior written consent.
- You agree not to assign, or otherwise transfer your rights under this Agreement without our prior written consent. Any attempt to do so is void.
WALKER TEK SOLUTIONS LLC MAKES NO WARRANTY AS TO RESULTS TO BE ATTAINED BY ATTENDING A TRAINING SESSION BY OUR TRAINER OR USE OF OUR EDUCATION MATERIALS.
The following terms apply to Revenue Management by Walker Tek Solutions LLC (Walker Tek).
Walker Tek is responsible for installing the Revenue Management software. Installation presumes that you have a Medisoft v19 or higher license. Installation includes up to ½ hour of software installation time for each workstation. If your system does not conform to the Medisoft system requirements at the time of installation, Walker Tek may charge for work necessary to prepare the existing operating systems and/or network for installation. All additional work will be discussed with you before it is performed. Walker Tek is not obligated to work on any network, operating system, or computer equipment that does not meet Medisoft system requirements. Walker Tek does not include any warranties on installation.
Walker Tek is responsible for providing basic training consisting of up to two hours of training for a single-practice system, or up to three hours of training for a multi-practice systems. Walker Tek does not provide on-site training.
Purchase of Revenue Management by Walker Tek includes a three-month software maintenance contract. The contract begins on the date of installation.
Telephone support for the primary practice upon completion of initial setup and basic training. Any upgrades to Revenue Management software.
Training, installation on new computers, setup for new practices, and repair to damaged data files.
Electronic Claims (ECS) setup, training, and technical support
Purchase of Revenue Management by Walker Tek includes training and assistance throughout the testing phase of claims submission (the period when claim submission problems are resolved). Prior to training, you must obtain all required carrier ID numbers. Clearinghouse registration and other charges are not covered by this contract. Clearinghouse fees are paid directly to the clearinghouse.
You are explicitly warned not to “hold” claims during the testing phase of electronic claims submission. You must continue to submit claims using an alternate method during the entire testing period.
The following terms apply to Data Repair by Walker Tek Solution LLC (Walker Tek).
Includes up to six hours of labor. Additional hours will be billed at $95 per hour.
When very complicated data repairs require more than 3 hours to complete they may not be available the next business morning. Because of the very nature of data repairs, it is impossible to know the extent of data corruption or damage until actually beginning the repair procedure. For this reason it is not possible to know how much time will be required to affect a data repair until after we have had the opportunity to open a database and examine it. In any data corruption scenario some data may be unrecoverable. In those situations in which a data repair is more complex than normal we can schedule a time to work on your data that is the least disruptive to your practice. Fortunately, most data repairs can be completed and the repaired database made available overnight!
I understand that by clicking the ”Place Order” button, I am agreeing to Walker Tek’s Terms & Conditions for this purchase.