US: (713) 652-9178
info@ftbsorg.com
SERVICE & HIPAA AGREEMENT
PARTIES
This Service Contract Agreement (hereinafter referred to as the “Agreement”) is entered into on (MM/DD/YY )(the “Effective Date”), by and between FALCONRE TECHNOHEALTH BUSINESS SOLUTIONS, with an address of No:26, Dr.RadhaKrishnan Road 100 FT road, CBE 641012, (hereinafter referred to as the “Service Provider”) and (Client Business Name) (hereinafter referred to as the “Client”) (collectively referred to as the “Parties”).
LIST OF SERVICES PROVIDED AND THEIR PRICES
During the period of this Agreement, the Service Provider shall have the responsibility to perform and provide the following services (hereinafter referred to as “Services”):
Total Backend Support
Part-Time Service:
- Weekly: 20 hours
- Monthly: 80 hours
Full-Time Service:
- Weekly: 40 hours
- Monthly: 160 hours
Pricing for the service:
Book a Free Consultation with us for the Quote – info@ftbsorg.com / US: (713) 652-9178
Hours of Support are to be as follows
- Monday to Friday : 8 hours per day (Full-Time) & 4 hours per day (Part-Time)
- VA will be working on EST (Eastern Standard Time Zone)
- No Support will be required based on the US holidays
Here is a list of federal holidays in the United States for the year 2024:
- New Year’s Day: January 1, 2024 (Monday)
- Martin Luther King Jr. Day: January 15, 2024 (Monday)
- Washington’s Birthday (Presidents Day): February 19, 2024 (Monday)
- Memorial Day: May 27, 2024 (Monday)
- Independence Day: July 4, 2024 (Thursday)
- Labor Day: September 2, 2024 (Monday)
- Columbus Day: October 14, 2024 (Monday)
- Veterans Day: November 11, 2024 (Monday)
- Thanksgiving Day: November 28, 2024 (Thursday)
- Christmas Day: December 25, 2024 (Wednesday)
Payment of Services/ Invoices:
- Agreed upon amount for the (Payment Details)
- It’s not mandatory. If the Client’s Overall satisfaction with VA service continues to grow after one year, Client may offer a salary increase based on performance and satisfaction ● Client will pay Service Provider (FTBS) through Wise App, or by an alternative method as directed by Service Provider and agreed to by Client
- Billing is in arrears. Service Provider will invoice Client on the 28th of Each month and Client agrees to pay the invoiced amount within 3 business days
INVOICES
The Parties agree that the invoiced amounts must be paid within 3 business days after the Client receives the invoice.
TERM OF AGREEMENT
This Agreement shall be effective on (MM/DD/YY) to (MM/DD/YY). At the end of the term of the Agreement, it will not be automatically renewed for a new term.
TERMINATION
This Agreement may be terminated in the event that any of the following occurs:
- Immediately in the event that one of the Parties breaches this Agreement.
- At any given time by providing written notice to the other party 30 days prior to terminating the Agreement.
Upon terminating this Agreement, the Client will be required to return all the Service Provider’s products or any other content (if any) at his/her earliest convenience, but not beyond 30 days. This Agreement will automatically end upon the completion of the provision of the Services and payment.
RELATIONSHIP OF THE PARTIES
The Parties agree that this is a non-exclusive agreement and that the Parties are regarded as independent contractors.
AMENDMENTS
The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
Accordingly, any amendments made by the Parties will be applied to this Agreement.
ASSIGNMENT
The Parties are not entitled to assign the responsibilities that they have under this Agreement to anyone else, unless both Parties agree to the assignment and provide such agreement in writing.
ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.
SEVERABILITY
In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
HIPAA ACT
Protected Health Information (PHI): Individually identifiable health information transmitted or maintained in any form or medium, as defined in 45 CFR §160.103. Business Associate: Any entity that performs activities or functions on behalf of the Covered Entity that involves the use or disclosure of PHI. Breach: The acquisition, access, use, or disclosure of PHI in a manner not permitted under HIPAA, which compromises the security or privacy of the PHI.
Covered Entity: A health plan, health care clearinghouse, or health care provider who transmits any health information in electronic form.
Notification of Impermissible Use or Disclosure, Security Incident or Breach. Business Associate agrees to report to Covered Entity’s Privacy Official any and all Security and Privacy Incidents including, but not limited to, a Breach of Unsecured Protected Health Information. Business Associate agrees to make such report to Covered Entity within twenty-four (24) hours of when Business Associate first discovers or otherwise becomes aware of such Privacy or Security Incident. Business Associate will cooperate with the Covered Entity such that the parties are able to comply with applicable law, including, without limitation, Section 42 USC § 17932 and 45 CFR Part 164, Subpart D. Business Associate will provide the following information to Covered Entity at the time of the initial report to Covered Entity, to the extent possible:
- A description of what happened and the nature of the Privacy or Security Incident, including the date of the Incident and date of discovery;
- The nature and extent of the Protected Health Information involved, including the types of any Unsecured Protected Health Information involved (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information where involved);
- The identity of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed; d. The identity of who accessed or made the non-permitted use or disclosure and who may have received the affected Protected Health Information;
- A description of what the Business Associate is doing to investigate the Privacy or Security Incident, to mitigate harm to Individuals, and to protect against any further Incidents; f. Any steps Individuals should take to protect themselves from potential harm; and g. Any other information requested by Covered Entity, including a written report containing the information required in (a)-(g) hereof, if requested by Covered Entity.
- If unknown at the time of the initial report, Business Associate shall provide the information to Covered Entity as soon as the information becomes available and without unreasonable delay but in no event later than seven (7) calendar days from the date Business Associate discovered the Incident, unless Covered Entity agrees to a longer period of time.
Permitted and Prohibited Uses and Disclosures: ● Business Associate shall not use or disclose PHI other than as permitted or required by this Agreement or as required by law. ● Business Associate shall use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for in this Agreement.
Safeguards and Training: ● Business associates shall implement administrative, physical, and technical safeguards in accordance with 45 CFR §164.308, §164.310, and §164.312 to ensure the confidentiality, integrity, and availability of PHI. ● Business Associate shall provide training to its workforce regarding HIPAA compliance and document such training.
Subcontractor Compliance: Business Associate shall ensure that any subcontractors to whom it provides PHI agree in writing to the same restrictions, conditions, and requirements that apply to the Business Associate under this Agreement, in accordance with 45 CFR §164.314.
- Disclosure of Practices, Books, and Records. Business Associate agrees to make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary for purposes determining Covered Entity’s compliance with HIPAA. Business Associate shall immediately advise Covered Entity of any inspection request made by the Secretary, or the Secretary’s designee, and upon Covered Entity’s request, provide Covered Entity with a copy of all documents furnished to the Secretary.
- To the extent Business Associate is to carry out one or more of Covered Entity’s obligations under the Privacy Regulations, Business Associate agrees to comply with the requirements of the Privacy Regulations that apply to Covered Entity in the performance of such obligation(s).
Right to Audit and Monitor: Covered Entity reserves the right to audit, monitor, and review the Business Associate’s compliance with this Agreement and applicable HIPAA requirements upon reasonable notice.
Return or Destruction of PHI: Upon termination of this Agreement, the Business Associate shall return or destroy all PHI received from, or created or received on behalf of, the Covered Entity that the Business Associate still maintains. If return or destruction is infeasible, the Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures.
Indemnification: Business Associate shall indemnify, defend, and hold harmless the Covered Entity from and against any and all claims, damages, or penalties arising from the Business Associate’s noncompliance with the terms of this Agreement or HIPAA requirements.
COMPLIANCE WITH LAWS
- Business Associate will protect the privacy and security of PHI and other individually identifiable health information in compliance with all applicable federal, state and local laws and regulations. Without limiting the prior sentence, Business Associate will comply, and require its Subcontractors to comply with the applicable requirements of HITECH, the Security Regulations and the Privacy Regulations and will take all steps necessary to comply with such laws,
regulations and other applicable requirements.
- In addition to the obligations set forth in Section II. above (Permitted Uses and Disclosures by Business Associate), Business Associate may use and disclose Protected Health Information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 C.F.R. § 164.504(e) and the privacy requirements referenced in 42 U.S.C. § 17934. L. Record Retention. Business Associate will retain all HIPAA-related documentation pertaining to PHI for the time frame required by the Privacy Regulations and other applicable laws. M. Judicial or Government Action. In the event that a Business Associate is the subject of judicial or government action and disclosure of Protected Health Information received under this Agreement is Required by Law, Business Associate shall promptly notify Covered Entity prior to disclosing any Protected Health Information. N. Neither Business Associate nor any Subcontractor of Business Associate shall use PHI to market, fundraise or sell PHI as prohibited by HIPAA
HIPAA Amendments Clause: The Business Associate agrees to comply with future amendments to HIPAA, HITECH, and other applicable laws or regulations.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Louisiana
ALTERNATIVE DISPUTE RESOLUTION
Any dispute or difference whatsoever arising out of, or in connection with, this Agreement shall be submitted to arbitration/mediation/negotiation (circle one) in accordance with, and subject to the laws of Florida.