Provision of Services
- 1.1 Services. Subject to the terms and conditions herein, Radiant Transit will provide certain services to enable our Customers to arrange for and schedule patient transportation with certain non-emergency third-party providers (“Third-Party Provider”) under agreement with Radiant Transit (“RT”) (collectively, the “Services,” and including without limitation all features, contents and applications, such as the Radiant Transit Health mobile application, to facilitate the provision of the Services).
- Patients. Customer hereby represents and warrants that for each person for whom any protected health information may be accessed as a result of the provision of Services, that Customer has obtained all required consents and releases to enable RT to provide the Services.
- License. For the time period that Customer is granted access to, and uses the computer system used by RT to provide the Services (the “Radiant Transit iSi Technologies”), RT hereby grants Customer a non-exclusive, non transferable license for Customer for access and use of the Radiant Transit solely in connection with the provision of the Services.
NEMT Transportation. In the event Customer chooses to use NEMT Transportation (“NEMT”), Customer acknowledges the following:
- NEMT is “door-to-door transportation,” which means providing through prearranged appointment safe escort from departure point, into and out of a transport vehicle and to the door of the destination.
- NEMT drivers are required to possess all medical certifications or specialty training required by the State in which services are provided.
- NEMT providers are required to maintain all additional insurance coverage required for NEMT by the State in which services are provided.
- Customer accepts NEMT’s Terms of Service.
- By offering the NEMT Option, RT is not endorsing NEMT or implying affiliation with NEMT other than as independent contractor whereby RT is offering the NEMT option to Customer as an alternative means of transport.
- The list of Third-Party Providers available through the Radiant Transit may change from time-to-time at RT’s sole discretion. The applicable conditions for these other Third-Party Providers will be made available if and when they are listed with the Radiant Transit iSi Technologies System.
Use of the Services
- 2.2 Customer Information. To register with us and create an account, Customers will need to give us some identifying information about themselves, including certain information to enable billing and payments. The information Customers provide must be true and kept up to date. Also, Customers are responsible for anything that happens under their registration and account.
- 2.3 Termination. Customers can stop using the Services at any time by contacting us at [email protected] We are also free to terminate (or suspend access) to the Services for a Customer for any reason at our discretion, including for a breach of the Terms of Service.
- 2.4 Disputes. Any dispute with respect to the Services is to be resolved through binding arbitration in the State of Florida. Customers hereby waive your right to participate in a class action lawsuit or class-wide arbitration. Florida is the governing law, and without reference to its conflicts of law provisions.
Ownership and Additional Licenses
- RT retains all proprietary rights in and to the Services and Radiant Transit iSi Technologies. All software, source and object code, specifications, designs, processes, techniques, concepts, improvements, discoveries, and inventions (whether patentable or not) made or developed in connection with the Services shall be the sole and exclusive property of RT.
- Fees and Payment
- 4.1 Fees. The Fees to be charged by RT for the Services are determined as follows:
- NEMT: NEMT’s rates are established pursuant to a local market Rate Card, which is available upon request.
- 4.2 Payment Terms. All amounts due to RT for Services shall be paid in U.S. dollars. Customer is responsible for paying any sales, use, excise, property or any other taxes, duties or governmental fees associated with the use of Services or of Customer’s access and/or use of Radiant Transit iSi Technologies. All payments are due to RT within ten (10) days after receipt of an invoice (“Due Date”). A late fee of $50 and interest at the rate of the lesser of 1.5% per month or the maximum amount allowed by law, for payments made by Customer after the Due Date.
- 4.3 Payment Processing. We use a third-party Payment Processor for billing and payments. Customers will be asked to select a preferred payment method (such as a credit card or bank account), but all payments must be facilitated through this Payment Processor.
Laws Governing Health Information.
- Customer is subject to laws governing confidentiality of health information, and is a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) which creates specific obligations upon the Customer with respect to such information. As this Agreement provides for services which may result in access to protected patient and/or health information, Customer acknowledges and agrees that this Agreement may be terminated and/or modified by RT, at any time if regulations are adopted, enacted or promulgated which require, in RT’s sole discretion, termination or modification of the Services RT provides, or the Radiant Transit iSi Technology System.
Disclaimer of Warranties.
- 6.1 No Warranties. Unless stated otherwise in the Terms of Service, the Services and Radiant Transitare offered “AS IS,” without any warranties, either express or implied. RT makes no warranties regarding the quality, reliability, timeliness or security of the Services or the Radiant Transit or that the Services, the Software Applications or the Radiant Transit will be uninterrupted or error free. RT assumes no responsibility or liability for the deletion or failure to store, or to store properly, any electronic data other than as required under law. Customer and users assume the entire risk in downloading or otherwise accessing its data, files or other materials obtained from third parties as part of the Services or by means of Radiant Transit.
Limitation of Liability; Indemnification.
- 7.1 Generally speaking, RT is not going to owe Customers for any losses that they might suffer indirectly, such as lost business, as a result of their access and use of the Services. Any direct damages we might owe Customers are capped at the amount Customers paid us in the preceding three months or $100, whichever is greater. In the event of any loss or injury to any person or property, Customers agree to look exclusively to their insurer to recover any damages.
- 7.2 If RT is sued because of something a Customer has done when accessing and using the Services and/or the Radiant Transit, Customers agree that RT shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.