HEY HEALTHCARE SERVICES AND CHARGES SCHEDULE

This Hey Healthcare Services and Charges Schedule (the “Schedule”), is between Hey Healthcare, Inc. (“Hey Healthcare”) and the Buyer according to the End User License Agreement between the parties (the “EULA”). All of the terms of the EULA are incorporated into this Schedule, and in the event of any inconsistency between the EULA and this Schedule, the EULA will control. Buyer and Hey Healthcare may be referred to individually as a “party” or collectively as the “parties.”

1.             Services and Payments. During the term of this Schedule, Hey Healthcare will provide certain services and deliverables as requested by Buyer (collectively, the “Services”). The associated fees (each a “Fee” and collectively “Fees”) for currently available Services are detailed in this Section. Hey Healthcare reserves the right to change the amount of the Fees described in this Section, or add or discontinue available Services from time to time in its sole discretion. For Services described as “Ongoing,” Hey Healthcare will provide you with 30 days’ notice prior to the effective date of such pricing change or discontinuation of the Service. Services that are not described as “Ongoing” are ordered and consumed by Buyer on an ad-hoc basis, and current pricing for such Services will be available at Buyer’s request, and will also be disclosed prior to ordering. 

Medical Billing and Revenue Cycle Management (“RCM”) Services (Ongoing): Hey Healthcare charges Fees based on a negotiated percentage of net collected dollars attributable to the rendered medical billing and RCM services, and/or a monthly fixed fee for the service. Certain RCM services, such as patient benefit checks are billed at an individual rate per execution.

Credentialing Services: Hey Healthcare charges a flat fee for each request to be credentialed to a specific payer or application according to the following tiers:

(i) for provider credentialing services for private health care payers, Buyer agrees to pay a flat fee of $149 per provider credentialed by Hey Healthcare;

(ii) for provider credentialing services for federal government payers (ex. Medicare), Buyer agrees to pay a flat fee of $199 per provider credentialed by Hey Healthcare;

(iii) for all other types of payers (including State Medicaid programs) the credentialing fee is available upon request.

After the termination of this Schedule, if applicable based on the Services that you are receiving from Hey Healthcare, Hey Healthcare may continue to receive the Fee for Services provided before the termination but for which collections are actually received after the termination. Hey Healthcare will certify completion of Services. Prices do not include taxes. Where appropriate, any applicable taxes will be added to the invoice and paid by Buyer. Any amounts not paid when due will bear interest at the rate of 1.5% per month or at the highest rate permitted by law (whichever is less), from the date due until paid.

2.             Changes; Complete Agreement. Buyer may at any time in writing request changes or additions to this Schedule. If such change causes an increase or decrease in the cost or the time required for performance of this Schedule, Hey Healthcare will notify Buyer immediately and an appropriate equitable adjustment will be made. No substitution or modification of any Services will be made without Buyer’s written consent. This Schedule, together with the EULA, represents the entire agreement between the parties and supersedes any previous oral or written representations. Except for Hey Healthcare’s ability to modify the Services and Fees as described in Section 1, the terms of this Schedule may not be changed except in a signed writing.

3.             Warranty and Disclaimer. Hey Healthcare warrants that the Services under this Schedule will be performed in a professional and workmanlike manner. This warranty applies for twelve (12) months from the date Hey Healthcare certifies the Services are complete. Any action arising out of Hey Healthcare’s provision of Services under this Schedule must begin within one year after the cause of action has begun to accrue. HEY HEALTHCARE’S WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. HEY HEALTHCARE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO BUYER.

4.             Limitation on Liability. Hey Healthcare will not be liable to Buyer for anticipated profits or for special, punitive, exemplary, incidental or consequential damages arising out of or in connection to any acts or omissions associated to this Schedule, regardless of the basis of the claim, the causes of such loss or demand, or whether any other remedy fails. Hey Healthcare’s liability for any claim shall not exceed the Fee paid under this Schedule.

5.             Termination. If Buyer (i) fails to make payments on this or any other Schedule when due; (ii) becomes insolvent or a bankruptcy petition is filed which is not vacated within thirty days from the date of filing; (iii) breaches this Schedule or the EULA; (iv) fails upon request to provide Hey Healthcare with reasonable assurances of future performance; (v) makes an assignment for the benefit of creditors; (v) commences any receivership or similar proceedings relating to assets; or (vi) is a party to a merger, consolidation or other corporate transaction in which it is not the surviving entity, Hey Healthcare will have the right to terminate or suspend its obligations without further notice to Buyer, but such termination or suspension will not affect Buyer’s obligation to pay for Services delivered or in progress. Buyer shall be liable to Hey Healthcare for all damages, direct or indirect, consequential and incidental, sustained by reason of the default which gave rise to the termination. Neither party shall be liable for defaults caused by unforeseeable forces beyond its control.

6.             Rights, Remedies, and Construction. A waiver by either party shall not affect any rights or remedies subsequently arising under the same or similar circumstances. The failure of either party to insist upon performance or exercise of any right shall not be construed as a waiver of any future performance or right. If any term of this Schedule is invalid or unenforceable under the law, the remaining terms will remain in full force and effect.

7.             Assignment. Buyer agrees that it not shall delegate or assign any obligation under this Schedule without the written permission of Hey Healthcare. All of the terms in the Schedule shall bind the respective parties, and their respective legal representatives, successors and assigns.

8.             Relationship of Parties. The parties are independent contracting parties, and nothing in this Schedule shall make either party the agent or legal representative of the other.

9.          Law and Forum. This Schedule shall be governed by the laws of California, without regard to its conflict of laws rules. Any actions arising out of or relating to this Schedule shall be brought only in federal or state court in San Francisco, California.

10.          Electronic Consent. By checking the box next to "I agree" and clicking "Sign Up", and electronically acknowledging, accepting, reviewing, signing or authenticating the terms below (“Electronic Consent”), Buyer agrees that Buyer’s electronic acknowledgment is the same a handwritten or electronic signature, with all the same legal and binding effect. Buyer may cancel and withdraw this Electronic Consent by not completing this Electronic Consent form and exiting the system. Buyer may cancel and withdraw this Electronic Consent in the future by sending a written cancellation request to Hey Healthcare, 156 2nd Street San Francisco, CA 94105, or by emailing contact@heyhealthcare.com. Any withdrawal of Buyer’s Electronic Consent will be effective after a reasonable period of time in order for Hey Healthcare to process the withdrawal. Withdrawal of consent will have no legal effect on the validity, effectiveness, or enforceability of (a) any authorization consent or e-signature provided by Buyer prior to the withdrawal or (b) any document that was provided to Buyer in electronic format prior to the withdrawal. Withdrawal of Buyer’s consent also will not relieve Buyer from the obligation under this Schedule. Withdrawal or canceling will require Buyer to receive, review, access, sign, and authenticate this Schedule in hard copy instead of electronically.

 

By checking “I Agree”, Buyer agrees to the terms and conditions of this Schedule.