Terms & Conditions
DynamicEMR (“dynamicemr.com”) owns and operate this Website and all its sub-domains. This document governs your relationship with DynamicEMR (“dynamicemr.com and all its sub-domains”). Access to and use of this Website and the products and services available through this Website and all its sub-domains (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You must not misuse this Website or any of its sub-domains. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and dynamicemr.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of dynamicemr.com or its licensor's and are protected by copyright laws and treaties around the world. All such rights are reserved by dynamicemr.com and its licensor's. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise
All software contained within our Products is provided to you subject to the license agreement that is part of the package or shown during installation of the software. You agree to be bound by any such license by opening the package or installing and/or using the software. Any warranty related to such software shall be provided solely within such license agreement. DynamicEMR is not responsible for any licensing or trademark concerns or future dispute. In fact dynamicEMR is not responsible to acquire any licensing and trademark permission for any software installed on your server, servers. It is your responsibility to make sure that you have the required permission and licenses for any softwares on your servers. DynamicEMR hereby retains for itself all other rights, title, and interest in and to all intellectual property in the Products sold and any products or software or other deliverable created during performance of the services, including without limitation, worldwide copyright, trade secret, patent, trademark, and any other proprietary rights.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from any factors beyond our control.
In order to contract with dynamicemr.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. dynamicemr.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be dynamicemr.com or may in some cases be a third party. Where a contract is made with a third party dynamicemr.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it in which case you will receive a full refund. If we are unable to contact you we will treat the order as canceled.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received.
(d) Returns and Exchange
All sales are final and Products, Services may not be returned, exchanged.
(a) Month-to-month payment
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Your rate is subject to change and we’ll always notify you beforehand. If you cancel your subscription, your payment for current month is non-refundable and your service will continue until the end of that month’s billing period. Cancellations can be made any time by contacting dynamicemr.com. dynamicemr will charge up to $37 for any late payment and up to $27 for any returned payment.
(b) Bandwidth, Data Usage
Your subscription term may come with unlimited bandwidth and data usage unless otherwise agreed by dynamicemr.com. Should your website bandwidth or storage usage present a risk to the stability, performance or uptime of our servers, we will notify you via email and you may be required to upgrade your plan upon availability, or we may restrict the resources available to your site. Consider that resources available to your plan are intended to use as an platform for Electronic Health Record and you will not use our servers as an archive. You are allowed to save patients data only and only alone through the use of provided emr software. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
(c) Access to your EMR site hosted by DynamicEMR
Your subscription term may come with an admin user for openEMR (unless otherwise agreed by dynamicemr.com) to perform admin tasks like creating users, assigning rights, creating backups and etc. DynamicEMR has disabled some, will disable any features we find necessary without any further notice.
(d) Limited technical support
your subscription term may come with limited technical support, unless otherwise agreed by dynamicemr.com. This support is limited to making sure that your site is up and running, applying any necessary official patches to openEMR or upgrading the openEMR, if we find it necessary.
(e) Custom Modification
We won't allow custom modification to openEMR unless otherwise agreed by dynamicemr.com.
(f) EMR Software
We use openEMR as our base software for Electronic Healt Record. OpenEMR is a Free and Open Source electronic health records and medical practice management, it is free to download and install on most operating systems. You can find more information about openEMR at http://open-emr.org.
(g) Backup Recovery
We backup our servers complaint to HIPPA, your data is secure and can be retrieved to a certain date and time. If you need to recover your data we may charge you additional fee depending on work involved, our service rate is $280 an hour. You can also back up your data locally. We suggest you to take advantage of this feature. Always take precaution regarding whom you give administrator right and who is able to see, download or copy your patient data.
(h) Changing your Plan
You can change your plan without any additional fee. In some case changing a plan may require a new blank site, we are not responsible for exporting, importing your patient data or your site settings. However, we can help you to complete this task for additional fee.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law dynamicemr.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect dynmicemr.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with dynamicemr.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to dynamicemr.com.
You agree to indemnify, defend and hold harmless dynamicemr.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
dynamicemr.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and dynamicemr.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of dynamicemr.com.dynamicemr.com
Union City, Ca 94587