Our Terms & Conditions
The Terms and Conditions agreement (from here on referred to as the “Document”) regulates the terms of service/use we provide between You (the client) and Us (the Company, Computerized Care Monitoring System [CCMS] LLC). Upon accepting the Document, You are bound by the stipulations stated in the Document.
YOU MAY ENTER INTO THE DOCUMENT ON BEHALF OF ANOTHER ENTITY ONLY IF YOU ARE AUTHORIZED TO BIND THEM TO SUCH AGREEMENTS. ONCE YOU ACCEPT THE DOCUMENT ON BEHALF OF ANOTHER ENTITY, THEY ARE LEGALLY OBLIGATED TO FOLLOW ITS TERMS.
The Document shouldn’t be accepted if You don’t have the requisite authority to represent the Company or legal body. If You don’t agree to any stipulations mentioned herein, please don’t accept the Document; consequently, You will not be able to access Our Services. You shall use real identities and correct contact details when accepting the stipulations stated in the Document and shall not impersonate or use a fake identity for the same.
The Document comes into force from the date you accept its terms.
[A] DEFINITIONS
“We,” “Us” or “Our” refers to our company, Computerized Care Monitoring System LLC, also referred to as “CCMS”.
“You” or “Your” refers to the individual or company on behalf of whom the person accepts this Document. It also encompasses the affiliates of the person or company.
“Services” refers to the two Web-based Services that will be provided by CCMSACTIVITIES.COM, CCMS-eMar and CCMS-Activities.
“CCMS-eMAR” refers to “Electronic Medication Administration Record,” which is one of the services provided by our company, CCMS. This service is provided via caremonitoringsystem.com.
“CCMS-Activities” Is one of Our company’s products and services, which tracks records of all major activities and behavior logs of the residents. This service is delivered through CCMSACTIVITIES.COM.
“Resident” refers to the individual to whom the providers provide shelter, food, and medication assistance.
“Provider” refers to the long-term care facility (LTCF), its owner, staff, or anyone else on their behalf who is responsible for providing shelter, food, and medication assistance to the resident. This also refers to the person who accepts this document.
[B] OUR SERVICES
(a) Subscriptions
Each subscription is assigned exclusively to a Provider and cannot be utilized by more than one Provider. Upon subscribing to Our Services, Providers may choose the number of products and services they wish to subscribe to.
(b) Provision of services
Once You have agreed to the terms of the Document, you will be able to avail Our services for the term of Your subscription. You accept that Your purchase is not dependent on Our supply of features that may be released in the future or Our comments regarding such future features.
(c) Use of Services
On availing Our services, you will be responsible for the following:
The Provider shall always have a manual backup method to be used in times of emergency of catastrophic events. We recommend that you print the hard copy of the service forms or instructions to be used during such catastrophic events.
[C} CHARGES AND PAYMENT FOR SERVICES
(a) Subscription charge
Charges are calculated based on the Services acquired and not on the usage; the subscription term commences from the date of purchase of the Service. Thereafter each subscription Service, if you renew Your subscription before the expiration of the subscription duration, will commence from the date of purchase of the Service until the subscription duration. You understand that charges paid will not be refunded neither will they be creditable.
We offer a range of Services to select from. Consequently, the Service charge will vary corresponding to the Service opted for. Only the Provider can select from the range of Services. We may at Our sole discretion, alter Service charges, and You understand and agree that We shall not be liable in any manner to the extent that the law permits for any such alterations.
Upon subscribing to Our Services, You are required to pay a one-time installation and set-up fee, which is non-refundable. Each subscription class has a pre-determined duration.
A private link will be provided through which You can access The Website. The Provider will register and must accept the Privacy Policy and the Terms and Conditions to complete registration. Following their successful registration, The Provider will receive a second notification via email explaining the details of the registration process, as well as the login system. The second notification provides an understanding of the requirements of The Provider, as the understanding will result in us creating a customized website and database for them where they can store their Resident’s data. We also provide Training wherein We explain the working of the website to Providers so that they can use the private Website without impediments.
We may reduce or remove the fee due at certain times for promotional purposes. We have the sole discretion to reduce or remove the fee and alter the duration of any such promotional offer.
(b) Payment and Invoicing
For modes of payment, You will submit a valid credit card and provide Us with a working purchase order, or another document that is reasonably acceptable to Us. You are also responsible for providing Us with up-to-date contact information.
(c) Overdue Charges
You are responsible to pay the total fee by the due date indicated. If You fail to make timely payments, We have the right to demand an extra charge at the rate of 1.5% of the outstanding balance.
(d) Suspension of Service
In the case that You default in paying Your dues for Our services, or if You violate any terms of this Document, we have the discretion to:
In the event that Your subscription is suspended, you will be required to pay the reinstatement fee in addition to the other dues outlined in this Document. If there is a delay on your part in paying the reinstatement fees along with the unpaid balance and the delay extends more than seven days, Your information in the database will be kept for no longer than 30 days; after 30 days, yours and your Resident’s information will be deleted from the database. You are solely liable to create a backup of Your information to prevent it being lost in such cases. You can use the Services once the restoration fees are paid; however, the decision to restore shall be at our exclusive discretion.
(e) Payment Disputes
In the event that your automatic monthly payment is missed, whether due to bounced or declined charges, You will be given a 7-day grace period to settle your dues. After this period, You will lose access to our Services. During this time, You will still be able to login to Your payment page to settle any outstanding fees and regain access to our Services. We will keep You and your Resident’s data for 30 days after the missed payment. After this time, it will be deleted.
(f) Taxes
The fee for services paid to us does not include any taxes, levies, duties, or similar governmental sanctions, unless otherwise stated by us. It is Your responsibility to pay all taxes applicable upon Your purchase of Our services. If We are obligated to collect and pay taxes for Our services on Your behalf, you will be responsible to pay us the applicable amount. We shall send You an invoice for the same. You may be exempted only if You provide us with a valid tax exemption certificate authorized by the appropriate authority.
[D] DEPLOYING THIRD PARTY SERVICE PROVIDERS
If You deploy or purchase any Third-party articles or services, for instance, third-party improvisations and applications, Third-party bespoke services or advisory services that entail the transmission of data between such third-party providers and you, these transmissions are exclusively between You and the relevant third-party provider. You understand that we do not endorse or vouch for any third-party products or services. A such, We do not guarantee or support the functionality of third-party products or services. There are no requirements, such as buying third-party products or services for the deployment of Our Services.
[E] CONFIDENTIAL INFORMATION
(a) Definition
Under this Document, “Confidential Information” means all the information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), which is confidential in nature or should be deemed to be confidential depending on its circumstances. The Disclosing Party and Receiving Party can be either You or Us, contingent on who is sharing the Confidential Information. This information could be shared orally or in writing. Such information may include Your data or information regarding Our services. However, confidential information shall not include the following:
(b) Protection of Confidential Information
The Receiving party is responsible for the following, unless the opposite is permitted in writing by the Disclosing Part:
(c) Securing the data collected
We deploy adequate safeguards that cover different data protection aspects like administrative, physical, and technical. We shall:
(d) Forced Sharing
Law, in particular limited circumstances, forces data collectors or data possessors to share information with legal authorities or bodies. In such circumstances, the Receiving Party may share Confidential Information. However, the Receiving Party must inform the Disclosing Party about the forced sharing, to the extent permitted by law, and proffer help if the Disclosing Party desires to challenge the order of Forced Sharing legally.
When a Receiving Party is forced to share the confidential information under a law or regulation, and such sharing is a result of a legal proceeding (Civil) of which the Disclosing Party is a party to and doesn’t challenge the Forced Sharing order, the Disclosing Party shall bear the cost that the Receiving Party had to undertake as a part of adhering to the order vis-à-vis providing the authorities with Confidential Information.
[F] PROPRIETARY RIGHTS
(a) Reservation of Rights
We reserve all rights, titles and interests in the Services provided by us including all intellectual property rights, unless such rights are expressly granted to You by virtue of this Document.
(b) Limitations
You are restricted from the following activities:
(c) Ownership of Data
You are the sole owner of all rights, titles, and interests in and to all of Your Data, in the Document between You and us.
(d) Suggestions and Feedback
We shall retain all rights, titles, and interests in and to all feedback, suggestions, recommendations etc. given by You or Your users; We shall not be required to pay any additional cost to access these. If You are not able to assign such rights to us, you hereby grant us all the rights to create sublicenses or incorporate feedback into the Services to our discretion.
[G] WARRANTIES AND DISCLAIMERS
(a) Disclaimer
We do not guarantee that Your purposes will be met by the Services. We do not guarantee that Our Services will function without chokepoints or disruption or that they will function with the integration of third-party software or services (excluding the software that We allow in this Document). We do not claim that all bugs and errors in the context of the Services can be fixed immediately (excluding the errors bugs explicitly stated herein the Document).
NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
(b) We warrant the following:
(c) Warranties pertaining to You and Us
You and We warrant the following:
[H] INDEMNIFICATION
(a) Indemnification by You
You shall indemnify us against all claims brought against us by a third party in relation to the following:
You shall indemnify us for any damages and attorneys’ fees incurred by us in connection with any such Claim, as long as We:
[I] LIMITATION OF LIABILITY
(a) Limitation of Liability
OUR TOTAL LIABILITY IN RELATION TO THIS DOCUMENT, SHALL NOT, UNDER ANY LAW, EXCEED THE TOTAL AMOUNT REQUIRED TO BE PAID BY YOU. WITH RESPECT TO A SINGLE INCIDENT, OUR TOTAL LIABILITY SHALL BE THE LESSER OF $10,000 OR THE AMOUNT PAID BY YOU IN THE 1 MONTH PRECEDING THE INCIDENT.
[J] TERM AND TERMINATION
(a) Term of subscription
Your term of subscription begins from the date of Your acceptance to this Document.
Each subscription is valid for one month (30 days) and will be automatically renewed each month until You cancel the subscription. You will receive a notification of automatic renewal 7 days prior to the renewal date; You may choose to opt out of these notifications. Your subscription can be stopped at any time by clicking the “STOP SUBSCRIPTION” tab on Your portal. In order to stop the subscription before the renewal date, you must stop it 7 days prior to your next scheduled payment; if not, your subscription will automatically renew for another 1-month term.
(b) Termination
A party may terminate this Document in the following occasions:
[K] SUPPORT
(a) CCMS Technical Support and Training
We shall provide technical consultation and support via telephone and Video chat for any reasonable issues relating to Our Services. You will be responsible for appointing individuals within Your organization who will be considered at the principal point of contact between You and Us. For security measures, We will verify the designated caller for each organization by requesting an assigned security code, as well as a series of verification questions. All Your support queries must come though the principal point of contact, and We shall provide support through Our support centers to such person. Technical support is provided through internal chat system or video conferencing. Free training will be provided to You through video and embedded documents.
If You encounter technical issues at any time, you may click the “SUPPORT” icon on Your dashboard; this collects a detailed description of your issue, along with any relevant files and pictures, which are then sent to the CCMS support team. By doing so, your request is issued a ticket, which allows us to keep track of your issue until it is resolved. All support and answers will be provided through the support tracking system, which provides You with a response in 2-24 hours. For urgent issues, You may select the “URGENT ISSUE” option when submitting your request. In order to provide you with accurate support and resolutions, We may access all available Resident data, including personal information.
(b) New Releases, Enhancements
Over time, We shall release new versions of Our services to correct glitches, bugs etc., and introduce updates and enhancements. We will assess the progress of Our enhancements, features or modifications requested by and for Your use. All new versions containing patches, updates etc. are and will be Our sole property.
[L] MISCELLANEOUS
(a) Jurisdiction and Governing Law
This Document shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A. without regard to the conflict of laws or principles thereof. The parties irrevocably agree that the courts of the State of Washington and/or the Federal Courts located in the State of Washington shall exercise exclusive jurisdiction to settle any action or dispute seeking legal or equitable relief with respect to any matter arising under this Document. All the costs and expenses accrued by the successful party relating to such proceeding shall be borne by the unsuccessful party, including all attorneys' and other professional fees and expenses.
(b) Assignment
You are hereby restricted from assigning any rights, obligations, and other interests in this Document, wholly or partially, to any third party without Our written consent. Any assignment made without Our prior written consent will be considered as null and void.
(c) Entire Document
The present Document states the entire understanding between parties and surpasses any older Document or understanding between the parties in relation to this subject. We hold the right to make amendments to the existing Document after providing You a notice of amendment or new version of the Document. If You continue to avail Our service after receiving such a notice, we shall consider this as Your acceptance of the amendment or new version of the Document. Thus, if You do not agree with any terms of amendment or the new version of the Document, you must discontinue the use of Our services. We shall not provide representations, warranties, or obligations of any party which is not expressly contained herein. If there is conflict between the terms of this Document, the terms of this Document will control and mediate. No other document or terms shall be considered as part of this Document and any such documents will be invalid.
