1. Services and Payment
Consultant shall provide to certain services pursuant to a monthly fee as outlined in the cover letter to Client provided at the time of this Term of Engagement.
2. Term and Termination
Consultant shall provide Overdrive services to the client, renewing automaticallyeach month. Either party can terminate the relationship and service agreement at any time by providing 30 days written notice of termination.
3. Obligations of Client
Client shall remain fully responsible for all decisions regarding all areas of its practice, medical and business. Client must notify Consultant in the event that any license required by law has been revoked, expired, or is otherwise no longer in effect for any reason. Client warrants to Consultant that Client operates its business in an ethical and legally complaint manner, and Consultant relies upon such promise in its work.
4. Billing and Coding
Client also makes all decisions regarding coding and billing. Consultant’s role is one of assistance with the technical aspects of the business and billing. Consultant makes no judgments or decisions regarding what to bill or what code to assign, and Client agrees and warrants that its billing is proper and accurate
5. Indemnity and Limitation of Liability
Each party hereby respectively covenants and agrees to indemnify and hold harmless the other party from and against any damage, loss, cost or expense, including, but not limited to, any and all claims, damages, judgment and reasonable attorneys’ fees, incurred by either such party in connection with the actions of the other party. Client agrees that Consultant does not offer any warranty or guarantee of services, and Client agrees that that any damages for any dispute under and related to this relationship shall be expressly limited to and not in excess of the moneys in total paid by Client to Consultant during the scope of this relationship.
6. Consultant Obligations and Rights
The parties agree to separate business associate agreement. Consultant reserves the right to contract to provide similar services to other persons or entities, including but not limited to, those entities that may or may not be in competition with Client.
7. Data Protection and GDPR Compliance
8. Governing Law
This Agreement shall be governed by the laws of the State of South Dakota. Venue for any dispute shall be in Minnehaha County.