TELE-HEALTH PRACTITIONER AGREEMENT
THIS TELE-HEALTH PRACTITIONER AGREEMENT (Agreement) is between http://www.globalmedcure.com (Globalmedcure) owned by Neev Technocom Co. and Doctor/s, Surgeon/s or Practitioner/s of Hospital, as an individual or of a corporate identity (Practitioner), and is by signing up, you are agreeing to be bound by the following terms and conditions from the date of acceptance and to be an Affiliate in the Globalmedcure Affiliate Program (“Program”).
Globalmedcure reserves the right to update and change the terms and conditions of Tele-health Practitioner Agreement from time to time without notice. Continued use of such agreement after any such changes shall constitute your consent to such changes. So read the agreement every time you visit the website of Globalmedcure.
The parties hereby agree as follows:
Contractor Relationship. Globalmedcure is a website for telehealth services to Practitioner for which it shall make a payment as a fixed fee. Globalmedcure forwards the ailment conditions of patients through electronic medium to Practitioner having specialists engaged by one or more of its affiliated medical practices (Contracted Services). For purposes of this Agreement, each affiliated specialist providing or anticipated to provide Contracted Services is a Physician (collectively, Physicians). Practitioner and Physicians shall agree on a process by which Globalmedcure may obtain, or have access to, all the necessary patient records to Practitioner.
Compliance with Conditions of Participation. Globalmedcure shall furnish Contracted Services in a manner that permits Practitioner to comply with all applicable healthcare conditions of participation and related applicable laws to the Contracted Services, as such may apply to Practitioner (collectively, the Practitioner Standards).
Globalmedcure Credentialing and Privileging. Globalmedcure warrants that each Physician (i) will be credentialed and privileged by Globalmedcure according to Globalmedcure’s credentialing and privileging processes and standards; and (ii) shall render Contracted Services within the scope of the Physician’s respective privileges.
Certified Degree or License to Practice. At all times while providing Contracted Services to clients of Globalmedcure, each Physician will hold a certified degree or a license issued or recognized by the government in the place where Practitioner is located.
The decision of Practitioner. Globalmedcure has chosen to rely on Practitioner or its medical staff determining whether or not to recommend prescription on the basis of diagnose to clients. The diagnosis shall be done only on the decision of Practitioner and Globalmedcure shall not be responsible for it.
- Physician must be an adult to be part of the program to earn fees.
- Physician must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- Practitioner must provide the legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Practitioners are responsible for maintaining the security of the account and password. Globalmedcure cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Practitioners are responsible for all content posted and activity that occurs under their account.
- One person or legal entity may not maintain more than one account.
Fees Payment. Globalmedcure will only pay fees on links that are automatically tracked and reported by our systems. Globalmedcure will not pay fees if it was not tracked by our system. Globalmedcure reserve the right to disqualify fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once Practitioner has earned more than $20 or equivalent in any other currency in affiliate income. If your affiliate account never crosses the $20 threshold, your fees will be paid monthly after deducting actual cost of transfer. As long as earning is over $20, Practitioner will be paid each month. If Practitioner has not earned $20 since the last payment, Globalmedcure will pay the following month after the threshold is crossed.
Termination. Globalmedcure, in its sole discretion, has the right to suspend or terminate the account of Practitioner and refuse any and all current or future use of the Program, or any other Globalmedcure service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Globalmedcure reserves the right to refuse service to anyone for any reason at any time. This Agreement shall continue from the Effective Date until terminated by either party as provided, below: (a) Upon Notice. Either party may terminate without cause in written notice of 15 days to the other party. (b) Termination upon Material Breach. A non-breaching party may terminate this Agreement for cause at any time in written notice of intent to terminate. In the event the defaulting party cures such default within such 15 days’ notice period, the non-breaching party may elect, at its discretion, to rescind the termination notice in writing, in which case this Agreement shall continue in full force and effect.
Removals. If the only changes were removals, Practitioner agrees that Globalmedcure may remove the Physician(s) without waiting for a return reply. If Practitioner no longer wishes to receive Contracted Services from Globalmedcure for reasons not requiring a hearing, Practitioner will request that Globalmedcure to remove the account.
Credentialing-Related Materials. Globalmedcure shall provide electronic copies of credentialing materials and other reasonable documents at Globalmedcure’s compliance with the Practitioner Standards.
Provision and Confidentiality of Quality Related Data. Practitioner shall provide Globalmedcure evidence of its internal review of each Globalmedcure’s clients. At a minimum, this information must include: (i) all adverse events that result from a Physician’s Contracted Services provided to patients, and (ii) all complaints Globalmedcure has received from patients on Physician. If Practitioner is a critical access Practitioner, Practitioner is responsible for periodic evaluation and quality assurance reviews that comply with the Practitioners Standards.
Compliance with Laws. As a condition to the participation in the program, Practitioner agree that being a program participant one shall comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time Practitioner is a program participant. Without limiting the foregoing obligation, Practitioner agree that as a condition of the participation in the Program one shall comply with all applicable laws in India.
Confidentiality. The parties shall treat all credentialing information shared and all quality-related information shared as privileged and confidential. Such information is to be used for credentialing, quality improvement, and peer review activities only. Each party shall ensure that no portion of any materials or information received from the other party are disclosed by it or its agents to any employee or third party for reasons unrelated to evaluating the physician’s quality and credentials to provide Contracted Services, except as required by law.
Indemnification. Each of the parties shall indemnify and hold the other harmless from and against all claims, liabilities, judgments, fines, assessments, penalties, awards, or other expenses, of any kind or nature whatsoever, including, without limitations, attorneys’ fees, expert witness fees, and costs of investigation, litigation or dispute resolution, relating to or arising out of any breach or alleged breach of this Agreement by either of the Parties, or by their respective employees, subcontractors or agents.
Notice. Any notice required by this Agreement shall be in writing and shall be deemed to have been properly given to a party (i) if by email or (ii) if delivered overnight by courier service, addressed to the address below: Shop 8, Amisha Building, Sector 8, Charkop, Kandivali West, Mumbai, India.
Third-Party Beneficiaries. This Agreement shall not confer any benefit or rights upon any person other than Practitioner and Globalmedcure, and no third party shall be entitled to enforce any obligation, responsibility or claim of any party to this Agreement.
Other Agreements. This Agreement, including all exhibits hereto, contains the entire understanding and agreement of the parties with respect to the Telehealth Practitioner Agreement. In the event of a conflict between a provision contained in this Agreement and a provision contained in an agreement or arrangement that existed prior to the Effective Date of this Agreement, the terms of this Agreement shall control and govern the actions of the parties.
Miscellaneous. This Agreement will be governed by the laws of India, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.