Medicasimple Healthcare Technologies Limited Terms of Service
Last updated on January 20, 2025
These Terms of Service govern your use of the website located at https://medicasimple.com (“Website”) and any related services provided by Medicasimple Healthcare Technologies Limited. By accessing the Website, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing the Website or using any other services provided by Medicasimple Healthcare Technologies Limited.
We, Medicasimple Healthcare Technologies Limited, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
1. Introduction
These Terms of Service (the “Terms”) apply to any or all of the following (collectively, the “Services”):
- The grant of a licence to you to use the Medicasimple Practice Management Software (“Practice Software”);
- The grant of a licence to you to use any Medicasimple Cloud Software and to receive associated Cloud Services (together, “Cloud Software and Services”);
- The provision of certain Support and Maintenance Services (“Support Services”) for the Practice Software and/or Cloud Services;
- The provision of Patient Communication Services and related features, which may include automated messaging, appointment reminders, patient feedback tools, or other communication options;
- The provision of any other services or modules related to the Practice Software, Cloud Software, or other Medicasimple technologies not listed above.
All of these Services are governed by the Terms set forth in this document. By entering into a Sales Agreement with Medicasimple Healthcare Technologies Limited (“we,” “us,” or “our”) or by using any portion of the Services, you (“you,” “your,” or “Practice”) agree to be bound by these Terms. Where relevant, certain jurisdiction-specific terms may also apply based on the location of your practice, as set out in your Sales Agreement.
Important: These Terms do not override your local statutory rights or any mandatory laws. If you do not agree, you must cease use of Medicasimple’s products and Services immediately.
2. Definitions
In these Terms, unless the context otherwise requires, the following words and expressions shall have the meanings set out below:
- “Account”
- Means the account you create with us to access, administer, and use Medicasimple and its associated Services.
- “Administrator”
- Means the person you designate as having authority to (i) serve as a primary contact for technical or support-related matters, (ii) manage Account settings, and (iii) act on your behalf in administering the Services and designating additional Users and/or Administrators. Unless you specify otherwise, the first User to register is deemed your Administrator.
- “Confidential Information”
- Means any information that is proprietary or confidential and is either clearly labelled as such or described as confidential. This includes (but is not limited to) technical or commercial know-how, specifications, inventions, processes, or initiatives that are of a confidential nature, as well as any other information concerning a party’s business, products, or services that the receiving party knows (or should reasonably know) is confidential.
- “Cloud Software and Services”
- Collectively refers to the Medicasimple Cloud Software (if applicable) and the associated online services delivered via our or our partners’ hosting infrastructure.
- “Content”
- Means any information or material uploaded, posted, transmitted, or otherwise made available by you or any User through the Services. This may include (without limitation) text, graphics, images, audio, video, data compilations, and other forms of information capable of being stored in a computer.
- “Data Protection Legislation”
- Means all applicable data protection and privacy legislation in force from time to time in the applicable jurisdiction (e.g., UK GDPR, EU GDPR, the Data Protection Act 2018, HIPAA in the United States, etc.), as relevant to your location or the location of your customers/patients.
- “Effective Date”
- Means the date on which you enter into a Sales Agreement with us, or otherwise start using Medicasimple (whichever occurs first).
- “Insolvency Event”
- Means the occurrence of any one or more of the following events in relation to a party:
- That party becomes unable to pay its debts or becomes insolvent (as defined by local law).
- A petition is presented, an order made, or a resolution passed for that party’s liquidation, administration, bankruptcy, or dissolution.
- An administrative receiver, liquidator, or similar person is appointed over all or part of that party’s assets.
- That party enters into or proposes any composition or arrangement concerning its debts with its creditors.
- Anything equivalent to the above events occurs under any applicable jurisdiction.
- “Intellectual Property”
- Means all current and future intellectual property rights (including trade secrets, copyrights, database rights, patents, know-how, trade or service marks, software, source code, and designs) associated with Medicasimple, its Services, and all enhancements or modifications to them.
- “Maintenance Releases”
- Means any release of Medicasimple or related software that corrects faults, adds functionality, or otherwise updates or upgrades the Practice Management Software.
- “Non-Excludable Rights”
- Means any guarantee, condition, warranty, right, or remedy implied by law that cannot lawfully be excluded or limited. Depending on your jurisdiction, these may include rights under consumer protection legislation (e.g., the Consumer Rights Act 2015 in the UK or the Australian Consumer Law).
- “Practice”
- Means your professional entity—such as a dental, medical, or other healthcare practice—that is delineated in your Sales Agreement or otherwise specified during the sign-up process.
- “Patient Communication Services”
- Refers to tools facilitating communication with your patients, such as appointment reminders, automated messages, patient feedback surveys, or other contact mechanisms.
- “Privacy Policy”
- Refers to our policy describing how we handle personal data, located at [Insert relevant link], which forms part of these Terms by reference.
- “Product(s)”
- Means the Medicasimple Practice Management Software and any other products we may offer under these Terms or in the future.
- “Sales Agreement”
- Means any standard form sales agreement, order, or subscription form (including any online sign-up process) that sets out the specifics of your licence, fees, and Services. In the event of a conflict between the Sales Agreement and these Terms, the Sales Agreement will control.
- “Services”
- Means any services we provide you, including technical support, maintenance, updates, patient communication features, analytics, or any other functionalities associated with Medicasimple.
- “Subscription Services”
- Means those Services purchased on a recurring basis (monthly, annually, or otherwise) for the duration specified in your Sales Agreement.
- “Support Services”
- Means the support and maintenance services related to Medicasimple, as described in these Terms or the Sales Agreement.
- “User(s)”
- Means individuals authorised by you (or your Administrator) to access the Services under your Account. Users may include employees, contractors, or other authorised persons acting on your behalf.
- “Website”
- Means the website https://medicasimple.com or any other site we designate for access to our Practice Management Software or Services.
- “We”, “Us”, “Our”
- Refers to Medicasimple Healthcare Technologies Limited, the company providing Medicasimple and its related Services.
- “You”, “Your”, “Practice”
- Refers to you, the customer (whether an individual or a legal entity) purchasing or using the Medicasimple licence and/or Services.
3. Fees and Subscriptions
3.1 Subscription Charges
Your subscription charges (“Subscription Fee”) begin on the date you activate your subscription. We will bill you on activation, and thereafter:
- Monthly Subscription: You will be charged in advance every thirty (30) days.
- Annual Subscription: You will be charged annually on the anniversary date of the initial Subscription Fee charge.
All charges are non-refundable, subject to any Non-Excludable Rights (where relevant under applicable law).
3.2 Subscription Fee & Taxes
- Your first payment will be the Subscription Fee agreed with us. Subscription Fees are exclusive of GST, VAT, or other applicable taxes, which you agree to pay based on your primary location.
- We reserve the right to change the Subscription Fee from time to time, in accordance with Section 3.8 below.
3.3 Payment Method
You agree to provide us with a valid payment method (e.g., Direct Debit mandate, credit card) for the payment of the Subscription Fee. Depending on your location, this may include a valid BACS or SEPA mandate.
3.4 Termination of Subscription
If you terminate your subscription, you (and any authorised Users) will continue to have access to the subscribed Services for the remainder of the current billing period. After the renewal date, access will cease unless you pay the applicable Subscription Fee to reactivate your subscription.
3.5 No Partial Refunds
No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or unused subscription time, including cases where you remove a User—subject always to any applicable Non-Excludable Rights.
3.6 Cancellation Timing
Subscriptions cancelled before the end of the current billing cycle will not incur further charges in the next cycle.
3.7 Subscription Changes
The amount charged on the next billing cycle will reflect any requested changes to your subscription (including upgrades or downgrades). Changes may result in a loss of access to certain Content or features, or an adjustment to storage capacity or other resources.
3.8 Fee Changes & Notice
All prices are subject to change upon at least thirty (30) days’ notice, which may be provided via email to the Administrator or via an announcement on the Services. If the price is increased, you may terminate the affected subscription before the price change takes effect.
3.9 Taxes
You are responsible for paying all taxes associated with your subscription. If we are legally required to pay or collect taxes for which you are responsible, we will invoice you for the appropriate amount, unless you provide a valid tax exemption certificate.
3.10 Gross-Up
All payments under the Sales Agreement shall be made free and clear of any taxes or withholdings. If you are required to deduct or withhold taxes, the payment amount shall be increased so that, after all deductions, we receive an amount equal to the sum we would have received had no deduction or withholding been necessary.
3.11 API Use
- API Subscription Requirement: Any use of the Services via an Application Programming Interface (“API”)—including a third-party product that accesses or uses the Services—requires a valid API Service purchase from us.
- API Liability: Subject to any Non-Excludable Rights, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including loss of profits, goodwill, data, or other intangible losses) resulting from any use of an API or third-party products accessing the Services via an API.
- API Discontinuance: We may modify or discontinue API access at any time, with or without notice.
4. Support and Maintenance Services
Note: This section applies if you subscribe to Support and Maintenance Services in your Sales Agreement or if support is included as part of your SaaS (Cloud) subscription.
4.1 Coverage
Subject to timely payment of applicable fees and compliance with these Terms, we agree to provide support for the Practice Software (and, if applicable, Cloud Software) installed or used at your Practice from the date of installation or activation.
4.1.1 Support Fees
- Support Fee: If you have an on-premise Practice Software licence, we charge a monthly support fee (“Support Fee”) as specified in the Sales Agreement.
- Included for SaaS: For SaaS (Cloud) subscribers, the Support Fee is included in the Subscription Fee.
- Fee Adjustments: The Support Fee may increase if you purchase additional modules or licences. We reserve the right to modify the Support Fee at any time upon at least 30 days’ notice by email or an announcement on the Services. Any such increase will not exceed 5% of the preceding Support Fee, unless the prior term was a promotional or one-time offer, in which case the increase will not exceed 5% of our standard market rate.
4.1.2 Scope of Support
Within our contracted support hours (as listed on our Website from time to time), we will:
- Provide telephone or remote support to assist you in using the Practice Software and/or Cloud Software (not as a substitute for formal user training).
- Make available updates to fix defects or enhance stability.
- Make available upgrades as we release them, and consult with you if we believe an installation will affect your usage or cause compatibility issues.
- Cooperate with third-party software/hardware suppliers if a diagnosed issue involves the operating system or other third-party elements. Our time for this may be chargeable at standard rates if the fault is not in our software.
4.1.3 Support Exclusions
The Support Fee does not include:
- Hardware systems (printers, scanners, networks, dongles, operating systems).
- Damage from theft, fire, natural disaster, or intentional file deletion.
- Rectifying data corruption caused by hardware failure or third-party software.
- Configuration changes, moves, or additional changes after initial installation.
- On-site support.
- Re-configuration, de-installation, or re-installation necessitated by network or OS modifications, hardware changes, or relocation.
- Ongoing staff training beyond initial installation.
- Enhancements or new features outside the scope of defect fixes.
- Work outside contracted support hours.
If we agree to provide any of the above, we may charge for it at our standard rates, plus travel and accommodation (if applicable).
4.1.4 Your Obligations
You agree to:
- Make personnel, information, facilities, and equipment available as needed for us to perform our obligations.
- Provide us with an internet connection to your practice systems so we can remotely access the Practice Software for updates, performance checks, and/or auditing your usage.
- Maintain adequate security, backup, and disaster recovery procedures to guard against risks (e.g., data loss from remote access or other unforeseeable events).
- Authorise us to deal directly with your service or network providers and any subcontractors for the purpose of delivering the Support Services set out in the Sales Agreement.
4.1.5 Reinstatement of Support
If Support Services are terminated or lapse, you may be subject to a “recommencement fee” to update your Practice Software to the latest specifications before we can resume support. The fee will be based on our prevailing rates at the time.
4.1.6 Subcontracting
We may subcontract any of the Support Services to a qualified third party without your prior written consent. Unless otherwise notified, third-party costs are included in your monthly Support Fee.
4.1.7 Automatic Renewal
Unless a different term is specified in your Sales Agreement, Support Services are provided for an initial term of 12 months from the Effective Date (“Support Service Term”). At the end of this term, the Support Services contract will automatically renew on a monthly basis unless you notify us in writing at least thirty (30) days before renewal of your intent to terminate.
5. Limitations of Use
By using this Website, you warrant on behalf of yourself, your Users, and other parties you represent that you will not:
- Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this Website;
- Remove any copyright or other proprietary notations from any materials and software on this Website;
- Transfer the materials to another person or “mirror” the materials on any other server;
- Knowingly or negligently use this Website or any of its associated services in a way that abuses or disrupts our networks or any other service Medicasimple Healthcare Technologies Limited provides;
- Use this Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- Use this Website or its associated services in violation of any applicable laws or regulations;
- Use this Website in conjunction with sending unauthorised advertising or spam;
- Harvest, collect, or gather user data without the user’s consent; or
- Use this Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
6. Intellectual Property
The intellectual property in the materials contained in this Website are owned by or licensed to Medicasimple Healthcare Technologies Limited and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms, and may be terminated by Medicasimple Healthcare Technologies Limited at any time.
7. Liability
Our Website and the materials on our Website are provided on an “as is” basis. To the extent permitted by law, Medicasimple Healthcare Technologies Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Medicasimple Healthcare Technologies Limited or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this Website or the materials on this Website, even if Medicasimple Healthcare Technologies Limited or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Accuracy of Materials
The materials appearing on our Website are not comprehensive and are for general information purposes only. Medicasimple Healthcare Technologies Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any resources linked to this Website.
9. Medical Disclaimer
- No Medical Advice
- The content and services we provide (including any practice management tools) are for general informational and administrative purposes only. We do not offer medical advice, diagnoses, or treatment plans. Any medical or clinical decisions remain solely at your discretion and risk.
- Professional Duty
- You acknowledge that you are solely responsible for complying with all applicable medical, ethical, and professional obligations in your jurisdiction. Medicasimple Healthcare Technologies Limited will not be liable for any outcomes associated with clinical decisions or treatments.
10. Links
Medicasimple Healthcare Technologies Limited has not reviewed all of the sites linked to this Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Medicasimple Healthcare Technologies Limited of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your own investigations regarding the suitability of those sites.
11. Indemnification
- Indemnity
- You agree to indemnify, defend, and hold harmless Medicasimple Healthcare Technologies Limited, including its directors, employees, and agents, from and against any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of or in connection with:
- Your use of the Website or Services;
- Your violation of these Terms;
- Any breach of applicable law or regulation by you (or anyone using your Account).
- Survival
- These indemnification obligations survive the termination or expiry of these Terms and your use of the Website or associated Services.
12. Right to Terminate
We may suspend or terminate your right to use our Website and terminate these Terms immediately upon written notice to you for any breach of these Terms.
13. Confidentiality
- Definition of Confidential Information
- “Confidential Information” includes any non-public information disclosed by one party to the other, in any form, that is designated as confidential or that a reasonable person would deem confidential, including business, financial, technical, or other proprietary data.
- Obligations
- Each party agrees to protect the other’s Confidential Information with at least the same degree of care it uses to protect its own confidential information and not to disclose it to any third party without prior written consent, except where required by law or regulation.
- Exceptions
- Confidential Information does not include information that:
- Is or becomes generally available to the public through no fault of the receiving party;
- Was lawfully in the receiving party’s possession before disclosure;
- Is lawfully disclosed to the receiving party by a third party without restriction; or
- Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
14. Severance
Any term of these Terms that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the United Kingdom. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
16. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control (including natural disasters, governmental actions, war, civil unrest, acts of terrorism, labour disputes, or internet service disruptions). The affected party shall promptly notify the other party in writing, providing details of the circumstances and the anticipated duration of the delay.
17. Acceptable Use Policy
This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Medicasimple Healthcare Technologies Limited under any ongoing agreement. It’s designed to protect us, our customers, and the general internet community from unethical, irresponsible, and illegal activity.
Medicasimple Healthcare Technologies Limited customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
Last Reviewed: August 9, 2024
17.1 Fair Use
We provide our facilities with the assumption your use will be “business as usual,” as per our offer schedule. If your use is considered excessive, additional fees may be charged or capacity may be restricted.
We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
17.2 Customer Accountability
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user, or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself, or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
17.3 Prohibited Activity
Copyright infringement and access to unauthorised material
Our Products must not be used to transmit, distribute, or store any material in violation of any applicable law. This includes but isn’t limited to:
- Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorisation.
- Any material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
SPAM and unauthorised message activity
Our Products must not be used for sending unsolicited bulk or commercial messages in violation of applicable laws and regulations (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used to run unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner. All messaging lists run on or hosted by our Products must be “confirmed opt-in.”
Unethical, exploitative, and malicious activity
Our Products must not be used for intentionally introducing viruses or malicious code, accessing unauthorised accounts, or engaging in denial-of-service attacks, hate speech, or any activity intended to threaten, abuse, or discriminate against individuals or groups. Unauthorised access or alteration of data is strictly prohibited.
Unauthorised use of Medicasimple Healthcare Technologies Limited property
We prohibit the impersonation of Medicasimple Healthcare Technologies Limited or misrepresenting a significant business relationship with us for fraudulent or deceptive purposes.
About this policy
We reserve the right to modify this policy at any time by publishing the revised version on our Website. The revised version will be effective from the earlier of:
- The date the customer uses our Products after we publish the revised version; or
- 30 days after we publish the revised version.
18. Returns Policy
Last updated: September 21, 2024.
At Medicasimple, we strive to ensure that you are satisfied with our service. However, we understand that there may be instances where you need to request a refund, and we aim to make this process as seamless as possible.
If you are not fully satisfied with our services, we offer a refund within 14 days of your initial purchase, applicable only to the first billing cycle. Refunds will be processed to the original payment method used at the time of purchase.
Please note:
- Refunds apply only to the first billing period and cannot be granted for subsequent renewals or usage beyond 14 days.
- Custom integrations, onboarding services, and setup fees are non-refundable.
18.1 Refund Process
To request a refund, please contact us at finance@medicasimple.com with your subscription details and the reason for your request. Our support team will assist you with the next steps.
18.2 Refund Approval
Once we review your request and verify your eligibility, your refund will be processed. Please allow at least 14 days for the funds to be credited back to your original payment method.
18.3 Questions
For questions relating to our returns policy, please contact us at finance@medicasimple.com.
19. Disputes
- Resolution
- Any disputes arising under or in connection with these Terms or the Sales Agreement shall be resolved in accordance with the applicable jurisdiction set forth in the Sales Agreement.
- Governing Law
- All Sales Agreements made with Medicasimple Healthcare Technologies Limited will be governed by the laws of England and Wales (unless otherwise specified in the Sales Agreement).
20. Communications Between Us (United Kingdom)
- Notices to Us
- You agree that all notices intended for us shall be sent in writing either:
- By post to our principal place of business at:Medicasimple Healthcare Technologies Limited151 West Green Road, London, England, N15 5EA
- By email to: finance@medicasimple.com
- Such notice will be deemed received:
- 3 days after posting, if sent by first-class post (and postmarked on a business day);
- On the day of sending, if the email is transmitted in full on a business day before 5:00 p.m. local time;
- On the next business day, if the email is transmitted on a weekend or public holiday, or after 5:00 p.m. on a business day.
- Notices to You
- We will send all notices intended for you to the email address you provided in your Account information or the email address specified in the Sales Agreement. Such notice will be deemed received:
- On the day of sending, if the email is transmitted in full on a business day before 5:00 p.m. local time;
- On the next business day, if the email is transmitted on a weekend or public holiday, or after 5:00 p.m. on a business day.
21. Links to Other Websites
Our Website may include links to external sites that we do not operate or control. We are not liable for the content of those sites or any loss or damage arising from their use. The presence of a link does not imply our endorsement of the external site or its owners.
22. No Waiver
- Non-Enforcement Not a Waiver
- If we fail to insist that you or any authorised User perform any of your obligations under these Terms (or if we delay in enforcing our rights), it does not mean we have waived those rights. It also does not relieve you or any authorised User from fulfilling those obligations in the future.
- Written Waiver Only
- Any waiver by us of a breach or default by you (or any authorised User) will only be valid if it is in writing. Even if we waive a particular breach or default, this will not constitute a waiver of any subsequent or other breach or default.
23. Authority
- Representation of Authority
- You represent and warrant to us that:
- You have the full legal right, power, and authority to enter into a Sales Agreement, use the Services, and perform any obligations required under these Terms; and
- The individual signing (or otherwise agreeing to) these Terms on your behalf has been duly authorised to bind you to these Terms and the Sales Agreement.
- Further Assurances
- You agree to provide any further documentation or assurances we may reasonably request to confirm the authority of the individual(s) signing or administering these Terms on your behalf.
Questions
For questions relating to our returns policy, please contact us at finance@medicasimple.com