Terms and Conditions for Consultancy and Expert Witness Services
1. Intellectual Property
- All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof to be property of Health Technology Systems, Inc. (HTSI) and HospitalSurveyExpert.com and is protected by the Copyright Laws of the United States of America, with all rights reserved.
- Any use of materials on this website, including reproduction for purposes of modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Health Technology Systems, Inc. (HTSI) and HospitalSurveyExpert.com is strictly prohibited.
- Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HTSI and HospitalSurveyExpert.com.
2. Indemnification
- User of this website agrees to indemnify and hold HospitalSurveyExpert.com, its parent, Health Technology Systems, Inc. (HTSI) and subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of a user’s use of this website, the violation of this Agreement, or infringement by a user, or other user of the site using another user’s computer, of any intellectual property or any other right of any person or entity.
3. Consultancy Services
- HTSI shall perform consultancy and expert witness services as specified in accordance with the current state of art.
- The customer shall support HTSI to the extent required, by providing all required information needed to accomplish our specified project mission successfully.
4. Cooperation
- The customer shall name a contact person; HTSI shall name a customer consultant. Both shall have the authority to make necessary decisions or shall obtain authorization for them in a timely manner. The customer shall put decisions in writing. The contact person shall provide all required information. The customer consultant shall contact the contact person as is required to ensure the proper performance of the mutual obligations.
- The services shall be performed at the customer’s location if necessary, otherwise at HTSI’s location. In the first case, the customer shall provide HTSI’s consultant team members with adequate working conditions.
5. Charges and Payments
- Unless otherwise agreed, the customer shall remunerate HTSI on the basis of service and related costs incurred. Professional service fee rates, travel expenses and incidental expenses shall be paid in accordance with HTSI’s service contract provisions, unless otherwise agreed. HTSI may submit service invoices on a monthly basis.
- Service payments shall be made within ten (10) days of the customer receiving HTSI’s Service Invoice.
- Duties, taxes and levies including V.A.T., if applicable, shall be paid by the customer on all service prices.
6. Rights
- All rights in the documents and results arising from the services shall accrue to the customer. HTSI shall not be restricted to use that gained know-how and to render similar consultancy services for other customers of HTSI, provided that HTSI complies with Item Number 6.
- If HTSI provides documents or programs not developed under the contract, the customer may use them only within the framework of the work results under the contract, but not isolated, provided HTSI has notified the customer of such deliveries in advance.
7. Confidentiality Obligations
- HTSI shall keep the customer’s trade and business secrets confidential for an unlimited period of time, as well as all other information obtained by HTSI under or in connection with the service contract. However, HTSI shall have no obligation with respect to an information which is (a) already in HTSI’s possession at the time of execution of the contract; (b) independently developed by HTSI; or (c) which is publicly known through no wrongful act of HTSI.
- HTSI is not obligated to keep confidential any of HTSI’s ideas, concepts, know-how or techniques related to the delivery of consultancy services.
- HTSI shall oblige its employees and contracted team members to adhere to all confidentiality obligations.
- HTSI may include the name of the customer and a brief description of the rendered performances in a references list. All other advertising references to the customer shall be agreed on in advance with the customer.
8. Miscellaneous
- The service delivery contact and its modifications, if any, require written form.
- The service contract shall conform with and be governed by the laws of the State of Florida.