Agreement Between RecoMed and Customer
1. Obligations of parties involved
Client refers to your practice
- 1.1.1. To ensure optimum use of RecoMed’s service, the client’s profile is their responsibility to complete and keep up to date. It is also the client’s responsibility to ensure that they use and understand the RecoMed software correctly - training will be provided according to the client’s selected plan.
- 1.1.2. Client is to pay in timeous manner (30 days of invoicing).
- 1.1.3. All qualifications and information included in client’s profile can be certified by the relevant board and other parties involved. Should this not be the case, RecoMed, as a quality service provider in the South African medical space, is obliged to report the client to the relevant HPCSA department.
- 1.1.4. The client needs to adhere to the terms and conditions and privacy policies as stated on our platform.
- 1.2.1. RecoMed will be responsible for keeping your online profile active and make every effort toward assigning a prominent Google ranking.
- 1.2.2. RecoMed will provide the client with ongoing technical support services as determined by the client’s selected plan.
- 1.2.3. RecoMed will operate in accordance with HPCSA regulations, including the active policing of touting and canvassing on its customers’ profiles.
- 1.2.4. RecoMed retains ownership and all intellectual property rights in or relating to the software as well as any copy thereof. The client is only entitled to use the software under licence while paying.
- 1.2.5. RecoMed will inform the client if their SMS limit for the month has been reached before billing accordingly.
- 1.2.6. RecoMed will adhere to the terms and conditions and privacy policies as stated on our platform.
- 1.2.7. RecoMed will inform the client in writing within a suitable timeframe if there are any policy changes that may impact the client.
Each party agrees that it will not disclose the terms of this Agreement to any person other than its employees, officers, members of its board of directors or its accountants and attorneys without the prior written consent of the other party. Each party also agrees to not to use for their own benefit or for the benefit of any other person or business and not to disclose to any third party during the operation of this agreement or after its termination any confidential information, including, but not limited to, information regarding marketing strategies, lists or details of clients, business affairs, supplier lists, operations, technology, methods, and processes of the other party, and to preserve confidentiality with the same care as it takes to protect its own confidential information, but no less than reasonable care. The foregoing obligations shall not apply to any information which, as shown by the receiving party, is: (i) already known by the receiving party prior to disclosure; (ii) publicly available through no fault of the receiving party; (iii) rightfully received from a third party without a duty of confidentiality; (v) independently developed by the receiving party without use or access to the confidential information; (vi) disclosed at the request of a governmental or judicial authority.
Each party represents and warrants that it has the authority to enter into this agreement and all the rights and licenses necessary to perform hereunder. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES DISCLAIM ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY. THE TOTAL LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE HEREUNDER. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. This agreement shall be governed by and interpreted in accordance with the laws of South Africa, without reference to conflict of law principles. All disputes arising out of or related to it will be subject to the exclusive jurisdiction of the courts located in Republic of South Africa, and the parties agree and submit to the jurisdiction and venue of these courts. This agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and it supersedes all prior and contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.