Standard Terms & Conditions
Last Updated 6/10/2024
This Purchase Agreement and the Software set forth herein, as well as any active subscription or support services, are subject to the terms and conditions of the Nextech Master Software License Agreement, available at https://www.nextech.com/legal/MSLA (the MSLA) including the incorporated applicable terms for support, services and third party products. In addition, the Purchase Agreement incorporates Nextech's Business Associate Agreement, available at https://www.nextech.com/legal/BAA (the BAA). If applicable, this Purchase Agreement also incorporates Nextech's Payments Acceptance Service Schedule, available at https://www.nextech.com/legal/payments (the Payments Acceptance Service Schedule) and/or the terms for MyMedLead.com, available at https://www.nextech.com/legal/mml and/or the terms for TouchMD.com, available at https://www.touchmd.com/software-terms
License Conversion – In the event that this Purchase Agreement includes converting existing perpetual licenses of the Software into corresponding subscription licenses for the Software, by executing this Purchase Agreement, Customer hereby agrees that the new subscription licenses are hereby governed by the terms and conditions of the MSLA, including but not limited to, the terms applicable to “Subscription Licenses.” The original Software License Agreement and the applicable perpetual licenses governing the Software are terminated and are no longer effective after the Effective Date of this Purchase Agreement. Termination or expiration of the Subscription License will terminate the license and the right to utilize the Software. There is no corresponding right to convert any subscription licenses for the Software back to a perpetual license at the end of the Subscription term. Unless otherwise noted above, as of the 1st of the month following the date of this agreement, annual support fees will be pro-rated and subscription billings will commence.
The Customer understands and agrees to the following:
- Provider licenses are defined by Nextech as 'primary' and 'secondary' providers. Nextech defines a primary provider to be a MD,OD,DO or as the practice owner/primary provider in the absence of a MD, OD, DO. Nextech defines a secondary provider as a NP or PA.
- Provider license prices presented above represent an average price for of all licenses purchased. Individual prices vary and will be the basis for any future changes to the above licensing.
- All prices and specifications are subject to change without notice unless guaranteed through an expiration date above. Any remaining balance on initial purchase is due no later than 30 days following the execution of this purchase agreement. Special third party financing, if offered, is subject to credit approval. Taxes, travel expenses and third party fees are the responsibility of purchaser.
- All subscriptions will commence at the earlier of activation or 60 days after contract execution. Additional fees may apply to subscriptions where data usage is greater than 50GB per licensed provider or total licensed users exceed a 6 to 1 user to full-time physician ratio.
- Nextech Thrive subscriptions will automatically renew for additional one (1) year terms unless written notice is provided from the customer at least ninety
(90) days prior to the end of the current term. Nextech Thrive subscriptions includes up to two (2) hours per month per practice with a practice coach. Any unused hours are forfeited at the end of each month.
- Payment in full is required prior to scheduling training. A rescheduling fee of $1,000 will be charged if Customer changes training dates after dates are confirmed and agreed upon by both parties. Travel and out of pocket expenses are not included above and will be billed separately. Unused training, consulting and services expire One (1) Year from date of Purchase. Promotional pricing expires at the earlier of one (1) year or the date indicated on this Purchase Agreement
New Business:
- Customer authorizes Nextech to invoice the Initial Payment of USD 0.00, plus applicable taxes. An option will also be provided to enroll in AutoPay.
Existing Business:
- Customer authorizes Nextech to use the AutoPay method for the Initial Purchase of USD 0.00, plus applicable taxes. If AutoPay is not on file an invoice will be issued and will be due upon receipt.
- Customer also authorizes Nextech to use AutoPay method for all recurring fees, plus applicable taxes. The authorization will remain in effect until and unless cancelled in writing.
- A 3% convenience fee will be assessed to all credit card payments. Customer understands that all credit card payments are non- refundable.
