Datatraxx Managed IT Services and Medical EHR

(a) General Services: Datatraxx will attempt to diagnosis your technology problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a technology solution. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.

(b) Diagnostic Support Services: Diagnostic Support Services may involve the installation of hardware and/or software on your computer that will allow Datatraxx to provide the diagnostic support services. By electing to receive diagnostic support services, you agree to allow Datatraxx to use whatever tools deemed necessary to diagnose your computer.

(c) Hardware and Software Repair Services: Hardware and Software Repair Services may be offered to you by Datatraxx through a third party supplier. If you elect to receive hardware and software repair services by a third party supplier, through Datatraxx, you are electing to purchase hardware and/or software. In such event, Datatraxx will transfer you to a third party who will provide you with information about the hardware and/or software and who will collect your payment information. Datatraxx transfers you, at your request, to the third party for your convenience; however, Datatraxx does not warrant or make any representation about the hardware and/or software provided by the third party. Ask about the third party's privacy policy as it is different from the privacy policy that applies to Datatraxx's collection and use of your personal information. Also ask about the hardware and/or software warranty applicable to the hardware and/or software you receive from the third party as that warranty differs from Datatraxx's service warranty.

(d) Your Responsibility: You understand and agree that prior to contacting or allowing Datatraxx to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Datatraxx shall not be responsible under any circumstance for any loss or corruption of data and/or software.

MINIMUM SYSTEM REQUIREMENTS:

At least 10MB free hard disk space and 32 MB RAM on each computer
Operating system and/or ISP passwords must be available
Microsoft Windows 98 SE operating system or later
Operating system discs and key codes must be available
All computers and/or peripherals must be in good working order and spyware free

Broadband services, if any, must be installed and operational before service, including modem connections.

SERVICE LIMITATIONS & LIABILITY:

(a) LIMITATIONS TO SERVICE: DATATRAXX RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY DATATRAXX.

(b) FORCE MAJEURE: If Datatraxx's ability to render services is impaired by you or circumstances beyond the control of Datatraxx, Datatraxx may choose not to provide or to discontinue services.

(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that Datatraxx's total liability for damages related to its services is limited to the total amount you pay for the services, and you release Datatraxx from liability for any indirect, incidental, special, or consequential damages. DATATRAXX IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.

SERVICE WARRANTY:

If you are not satisfied with services received from Datatraxx, please call 800-687-6260 for resolution. We warrant our services for 30 days following the date you received service; however, for repairs necessitated by a virus or spyware, the service warranty is valid only if the anti-virus and anti-spyware protection for your product is installed or updated during the repair or promptly thereafter (i.e., before you connect again to the Internet). If there is a problem with the service provided by Datatraxx and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost.

For information about the collection and use of your information, please refer to Datatraxx's Privacy Policy, which is available at www.datatraxx.com or by contacting Datatraxx at 800-687-6260.

SCHEDULING:

Standard service hours are Monday - Friday 9 A.M. to 5 P.M. Additional charges may apply for rapid response or service outside of standard hours.

CHANGES, CANCELLATIONS AND REFUNDS:

To change your order: You must contact Datatraxx at 800-687-6260.

To cancel your order: You must contact Datatraxx at 800-687-6260 at least 2 hours prior to the scheduled service. The payment amount will be fully refunded in the manner the purchase was paid.

SERVICE JURISDICTION:

Datatraxx sets the Service Jurisdiction. If a location lies beyond Datatraxx's standard Service Jurisdiction, additional travel charges may apply. To determine if your location is within a Datatraxx standard Service Jurisdiction, inquire with Datatraxx at 800-687-6260 for information and applicable travel charges.

INSTALLATION AUTHORIZATION:

For on-site services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present when the Datatraxx agent arrives, services will be denied and a $100 cancellation charge will be assessed.

ACCESS:

The Datatraxx Agent must have 1) access to your business or residence and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your business or residence, 3) a safe working environment, work space, and 4) electrical power. If the Datatraxx Agent determines that these conditions have not been met, services will be denied and a $100 cancellation charge assessed.

LAST UPDATED: January 22, 2010

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