Medical Website Design for Doctors
Connecting Your Practice to Our Patient Network - Millions Strong
From the Publishers of Healthy Living and Remedy and Healthcommunities' Network of Patient Websites
Please read this Website Hosting and Service Agreement (the "Agreement") in its entirety. This Agreement between Healthcommunities.com, Inc., a Massachusetts corporation of 136 West Street, Suite 201, Northampton, Massachusetts 01060 ("HC"), and you, as a duly licensed physician ("DR.") in the U.S.A. sets forth the terms of the services of Membership made available to you through HC as further described herein (collectively, the "Services"). This Agreement constitutes a legally binding agreement between you and HC. By registering for the Services, or otherwise accessing and/or using the Services, you understand, acknowledge and agree that you will abide by and be bound by the terms of this Agreement and any additional terms that govern certain Services, which will be presented in conjunction with those Services. HC may revise this Agreement without notice at any time in our sole discretion. In accepting this Agreement, you hereby certify that you have been granted authority to execute this Agreement on behalf of each member of DR.'s practice using the Services.
Preliminary Statement
WHEREAS, HC wishes to maintain, host, service and support a website for DR. on its channel on the Internet and the World Wide Web; and
WHEREAS, DR. wishes to have HC maintain, host, service and support a website for DR. on HC's channel on the Internet and the World Wide Web;
NOW, THEREFORE, in consideration of the premises and conditions contained hereto agree as follows:
- HC shall provide for the benefit of DR. a website (the "website") for DR.'s use for the term of this Agreement and shall provide the services listed on Exhibit A, which is attached hereto and made a part hereof (hereinafter the "Services")
- Website will be hosted, serviced and maintained, and content will be updated as needed by HC according to the subscription package chosen by DR. (Exhibit A). HC has agreed with DR. to provide to DR. the services listed in Exhibit A and listed below:
- a contact for website-related questions during business hours through a toll-free hotline;
- the option to use HC's patient education websites;
- a medical practice website address;
- certain artwork and content for website describing DR.'s practice with ongoing customer service; and
- software (the "Software") upgrades at no additional charge which are necessary to the use and operation of website. All Software remains the property of HC and shall be returned to HC or deleted by DR. upon the expiration, cancellation or termination of this Agreement. DR. may not hire another company to build, construct, develop content, alter, amend, modify, host, create derivative works of or service the website.
- Fees and Payment. Design fees ("Running Start," "One-of-a-Kind," and logo design) are charged in advance of website development. Subscription package payments ("Premier," "Advanced," and "Professional") begin the month after enrollment, whether or not the website has launched. DR. must make sure HC has current payment information by notifying HC in advance in writing of any changes to payment setup. DR. will notify HC in writing right away if there are questions regarding billing by contacting HC by letter or e-mail to DR.'s assigned website manager or billing@healthcommunities.com. Rich media including Flash and video hosted on the website, are not included in services listed on Exhibit A.
- Design and Content Creation. DR. agrees to limit requested changes to a reasonable number of design and content changes and, where possible, to consolidate such requests. HC will notify DR. if DR. is approaching a point where the number or extent of requested changes are deemed unreasonable. In the event that DR. requires more extensive changes, such changes may be subject to additional fees billed on a time-and-materials basis at HC's then current rates. Overhauls of site design are available at any time at whatever the current rates are for "Running Start," "One-of-a-Kind," or logo designs.
- Email. HC is not responsible for installing e-mail client software or setting up e-mail access on DR. computers, PDAs or otherwise.
- Term and Termination. This Agreement shall commence on the date that you register and/or otherwise access or use the Services and shall continue until the end of then current calendar year at which time it shall renew automatically for additional, successive one calendar year terms. Either party may terminate this agreement upon thirty (30) days written notice to the other party; provided, however, that you will be responsible for payment of fees for all Services actually provided up to and including the effective date of termination. The fee to DR. for termination prior to the end of the then current annual period will be $200 minus $10 for every month DR has paid for service in the current calendar year.
- Events of Default. DR. shall be in default of this Agreement in the event that DR. fails to pay all fees as set forth above directly to HC. In the event of default, HC shall provide notice and an opportunity to cure within ten (10) days of such notice and following the expiration of that time period, this Agreement shall terminate and the website shall be removed from the internet.
- Grant of Rights; Ownership. HC grants to DR. a personal, non-transferable and non-exclusive right to use website in the normal course of business for the purposes for which it was developed. In addition, (i) no title to any intellectual property comprised within the website and/or Software utilized in connection therewith is transferred to DR.; (ii) DR. shall not copy the website and/or Software except as necessary to use Software on one CPU; (iii) DR. will not transfer or assign its right to use the website and/or Software to any other party except as authorized in writing by HC; and (iv) DR. will not amend, adjust, improve, reverse, compile or disassemble the website and/or Software. Other than content provided by DR. for use on the website, all contents of the website and Service, including all Software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protected elements of website and Services, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of HC, its suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.
- Indemnification. DR. is solely responsible for the accuracy of DR.'s website content and use of the website and Services by DR. and any of your personnel, patients, vendors or suppliers and shall indemnify, defend and hold HC and its officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from copyright infringement, claims regarding data loss and/or personal privacy matters, inaccuracies, omissions, errors or statements contained therein or other breach of this Agreement.
- Compliance with Applicable Laws. Your use of the website and Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. .
- Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges all prior discussion between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein.
- Governing Law. This Agreement will be governed by the laws of the Commonwealth of Massachusetts (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in Massachusetts, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Massachusetts and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
- Notices. All notices which may be provided or are required to be provided from one party to the other hereunder shall be effectively sent and received via e-mail.
- LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HC AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR SERVICES OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Website Creation Options*
Running Start Design (Choose from 8 custom pre-designed sites)
One-of-a-Kind Design (Customized design)
Logo Development (Custom)**
Subscription Package (ongoing hosting, development, and optimization)*
Premier Subscription Package
| Healthcommunities network patient referral system (MDLocator, DPMLocator, HCPLocator, etc.) | Included |
| Healthcommunities proprietary search engine optimization services (SEO) | Included |
| Dedicated in-house customer service contact (website manager) | Included |
| Website edits upon request | Included |
| Links to continually updated physician-developed and -monitored patient education content | Included |
| Photos, doctor biographies, areas of specialization, articles, clinical trials, etc. | Included |
| Custom-printed tear pads to promote your website (offline marketing) | Up to 5 packages per month |
| Patient forms (PDF conversion) | Included |
| Patient forms (PDF's with online fillable fields) | Included |
| Secure patient communications | Included |
| Secure appointment requests | Included |
| Online bill pay | Included |
| Traffic analysis software set-up support (Google Analytics) | Included |
| Website and domain hosting (including automatic domain renewals) | Included |
| Integrating your EMR system with website | Included |
| Web-ready video link embedding | Included |
| Domain name registration and renewals | 3 domains |
| E-mail account set-up and hosting | Unlimited accounts; 100 MB quota |
| Preferred HC network partner (including profile page on Healthcommunities network) | Available |
Advanced Subscription Package
| Healthcommunities network patient referral system (MDLocator, DPMLocator, HCPLocator, etc.) | Included |
| Healthcommunities proprietary search engine optimization services (SEO) | Included |
| Dedicated in-house customer service contact (website manager) | Included |
| Website edits upon request | Included |
| Links to continually updated physician-developed and -monitored patient education content | Included |
| Photos, doctor biographies, areas of specialization, articles, clinical trials, etc. | Included |
| Custom-printed tear pads to promote your website (offline marketing) | Up to 2 packages per month |
| Patient forms (PDF conversion) | Included |
| Patient forms (PDF's with online fillable fields) | Included |
| Secure patient communications | Not Included |
| Secure appointment requests | Not Included |
| Online bill pay | Not Included |
| Traffic analysis software set-up support (Google Analytics) | Included |
| Website and domain hosting (including automatic domain renewals) | Included |
| Integrating your EMR system with website | Included |
| Web-ready video link embedding | Included |
| Domain name registration and renewals | 2 domains |
| E-mail account set-up and hosting | 15 accounts; 75 MB quota |
| Preferred HC network partner (including profile page on Healthcommunities network) | Not available |
Professional Subscription Package
| Healthcommunities network patient referral system (MDLocator, DPMLocator, HCPLocator, etc.) | Not Included |
| Healthcommunities proprietary search engine optimization services (SEO) | Included |
| Dedicated in-house customer service contact (website manager) | Included |
| Website edits upon request | Extra Charge*** |
| Links to continually updated physician-developed and -monitored patient education content | Included |
| Photos, doctor biographies, areas of specialization, articles, clinical trials, etc. | Included |
| Custom-printed tear pads to promote your website (offline marketing) | Not Included |
| Patient forms (PDF conversion) | Included |
| Patient forms (PDF's with online fillable fields) | Not Included |
| Secure patient communications | Not Included |
| Secure appointment requests | Not Included |
| Online bill pay | Not Included |
| Traffic analysis software set-up support (Google Analytics) | Included |
| Website and domain hosting (including automatic domain renewals) | Included |
| Integrating your EMR system with website | Included |
| Web-ready video link embedding | Included |
| Domain name registration and renewals | 1 domain |
| E-mail account set-up and hosting | 5 accounts; 50 MB quota |
| Preferred HC network partner (including profile page on Healthcommunities network) | Not available |
*Special quote for practices with 10 or more physicians
**Choose from 3 custom mock-ups, additional designs available at an hourly rate
*** Hourly rate for website edits (1/2 hour increments)
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Healthcommunities Website Benefits Summary - Printable Document
