MBS-Medical Business Systems

Support Policy Guidelines

1. Definition of support

• System Software related questions. Questions which can be answered within a reasonable amount of time, typically 20 minutes in length.
• Support calls to run over this time might be routed to the training coordinator to schedule a training session on the issue.
• HDR provides third party software questions.
• Questions beyond our knowledge must be addressed by the customer to the third party software manufacturer to be covered under CSP.
• Support is available by our Support line (512) 306-1916, the 1-800 line for CSP clients, mail or fax (512) 306-1926.

2. Customer Support Program (CSP) Clients

• During the program period CSP clients have priority over non-CSP clients, even if non-CSP client support is currently on-going. This means that support is available to CSP clients in preference to non-CSP clients. The warranted response time is within 4 hours during regular office hours of 8:30 - 4:30, Monday through Thursday, and 8:30 - 2:00 Friday, exclusive of Company Holidays.
• During the duration of the CSP program clients will receive free support as defined above by phone, fax or mail.
• During the CSP program, clients will receive regularly scheduled System revisions and documentation free of charge.
• Only CSP clients may request custom programming, sometimes might be free (see 4-A below).

3. Program Improvements and Requested Changes

• Suggestions for System changes and improvements are welcome from all licensed users. Our development and marketing groups review these suggestions and use them to help guide future revisions. Upgrades are typically available every 3-6 months. We can not guarantee that any suggestion will be available on an update. We also can not warranty that an upgrade will be appropriate for a clients particular use.
• Any addition provided via a System revision may be determined inappropriate or incorrect and removed from the System system in a subsequent revision.

4. Custom Programming

• If a client requests program changes that are determined too unique or inappropriate for a System, or are the changes are required before a scheduled System revision release, a CSP client may request custom programming on a fee-for-services basis.
• All source codes will always remain the confidential property of HDR.
• HDR has the right to include the program on the next System release for use by all System users. If custom programming is incorporated into the System the initial client will not be charged for the maintenance and development of the specific programming, the HDR policy for the maintenance is covered above in section
• If a custom program is not incorporated into the System the client will be responsible for programming necessary to correct errors in programming, upgrade the programming, or improve the program as requested by the client.
• Source codes will be stored by HDR for a period of not less than 18 months.

HealthData Resources, Inc (HDR)

Request for Programming Services The following is a sample request for programming form. To request programming please select e-mail below and request a FAX copy of this blank form.

Client:__________________________________________ Telephone _________________

Date of Request:____________

Person Requesting Programming (Person acting as"Integrator"):______________________________________________

Date desired for programming to be complete:____________

Programming not desired if it can not be delivered before: ____________

Rates for Programming Services:

During Normal Office Hours $120.00 /hour, minimum 1/2 hour

After Hours Rate $240 /hour, minimum 1/2 hour

Cancellation: At any time you may cancel this request for programming by submitting a written notice. You are responsible to pay for programming services rendered until that time.

Responsibility for Specifications Client "Integrator"

• Provide all necessary programming request descriptions, by attaching to this form; including samples, if applicable.
• Provide timely communication in regards to programming request descriptions and follow-up information requested by HDR.
• The attached programming request description, containing _________ pages, is the full representation of the programming request.

Responsibilities for future Maintaining of Program

• All source code will always remain the confidential property of HealthData Resources, Inc. (HDR)
• HDR has the right to include the programming on the next MBS release for use by all MBS users without charge. If custom programming is incorporated into MBS the initial client will not be charged for the maintenance and development of the specific programming incorporated
• If a custom program is not incorporated into MBS the client will be responsible for contracting the programming necessary to correct errors in programming, upgrade the programming, or improve the program.

Limited Warranty and Limitation of Liability

• HDR agrees to use its "best efforts" to provide the proper programming services, but in no event shall HDR be liable for any damages or liabilities, directly or indirectly caused by programming not being accurate.
• HDR shall have no liability or responsibility to Customer or any other person or entity with respect to any liability, loss or damage caused or alleged to be caused directly or indirectly by HDR programs sold or provided by HDR, replacement programs, or services provided by HDR, including, but not limited to any interruption of service, loss of business or anticipatory profits resulting from the consequential damages arising out of any breach of this service agreement.
• If errors or omissions exist in the program the Customer may contract for further services from HDR to improve the program. HDR is under no obligation to continue programming to try to improve or correct program malfunctions.

General

• HDR retains the right to subcontract the services contracted for in the Program to third parties; however, no subcontract will relieve HDR of its responsibilities and obligations thereunder.
• This Programming Request is the entire agreement between the parties and it supersedes all prior agreements and understandings between the parties concerning the subject matter herein. It may be modified only by a written agreement signed by a fully authorized Customer Representative and the President or Vice President of HDR.
• These services shall be primarily provided from Austin Texas and shall be governed by the laws of the State of Texas and exclusive jurisdiction for any legal proceeding regarding the Program shall be the State of Texas, City of Austin.
• The terms and provisions of the Program shall prevail over any conflicting, additional or other terms appearing on any purchase order submitted by the Customer at any time.
• Any notice, request, instruction or other document pertaining to this Program shall be in writing and delivered personally or sent by US. Mail, postage prepaid, to HDR.

License:

You may:

• Copy the program into machine readable or printed form for backup or modification purposes only in support of such uses.
• Modify the program and/or merge it into another program for your use on the single machine. (Any portion of this program merger into another program will continue to be subject to the terms and the conditions of this Agreement.).
• You may not use, copy modify or transfer the program, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this Agreement.
• You may not use or sale the program as a service to others that may be potential customers of HDR.

Term

• The license is effective until terminated. You may terminate it at any time by destroying the program together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with all copies, modifications and merged portions in any form.
• This Agreement will be governed by the laws of the State of Texas and in the City of Austin, Texas.

Signature of Client Estimated Cost $_______________

___________________________________________________________________

Estimated Hours:_______________

For information on HealthData products and services, please send e-mail to webmaster@hdata.com, phone us at (512)306-1916, or FAX your request to (512)306-1926. Our main site is located at www.hdata.com. This page, and all contents, are Copyright (C) 1998 by HealthData Resources, Inc. All rights reserved.

HR> HDR, INC 1998 VER 4.0