Last updated: October 27, 2017

This document outlines the payment policy in effect by Elation Health, Inc. (“Elation”) for customers who enter into an Elation Service Agreement (“you”) and then provide authorization to users including physicians, physician assistants, nurse practitioners, and non-physician staff members (“your Authorized Users”). “Provider Users” means your Authorized Users consisting of physicians, physician assistants, nurse practitioners and other healthcare providers who are permitted to sign off on visit notes and orders.

Table of Contents

1. Service Period
2. Pricing
3. Provider User Seats
4. Seat Cancellation & Practice Termination
5. Payment Terms
6. Policy Updates

Service Period

Your Service Period with Elation is defined as the period during which you receive delivery of Services from Elation in exchange for payment of fees, as described in the Elation Service Agreement and/or your Sales Order Form. Once your Service Period commences, or automatically renews, payment for that Service Period is considered due in full and is nonrefundable. Elation offers two (2) Service Period options to you, and all Provider Users and purchased subscriptions associated with your account will be subject to the same Service Period.

  • Month-to-month: The first Service Period commences on the Effective Date of your Service Agreement and extends for one (1) calendar month. Each monthly Service Period automatically renews, unless otherwise cancelled according to the terms outlined herein.
  • Annual: The first Service Period commences on the Effective Date of your Service Agreement and extends for one (1) calendar year. Each annual Service Period automatically renews, unless otherwise cancelled according to the terms outlined herein.

Elation gladly accepts payment via ACH (e-check) or credit card. Payment by check may be arranged, but will be subject to additional processing fees and credit assessments. The method of payment selected will be used for each recurring Service Period and for any additional incurred costs (i.e., for eFax overages, data imports, etc.), and may be changed at any time by reaching out to billing@elationhealth.com.

Pricing

For more information about Elation’s current pricing plans, go to elationhealth.com/pricing, or contact us. If you are an existing customer, please contact your Elation account representative or consult your Elation Service Agreement for subscription pricing and other applicable fees. In the event of a conflict between the fees in this Payment Policy and the fees expressly set forth in your Elation Service Agreement, the fees listed within your Elation Service Agreement shall prevail.

To the extent additional features are made available within the Elation service under the Elation Service Agreement or provided as additional paid options beyond the Meaningful Use Certified EMR system, incremental fees may be payable for such additional features.

Provider User Seats

Provider User seats are defined as the number of available purchased software licenses that can access Elation. For example, if you have five (5) provider user seats, up to five (5) named providers may be set up to access Elation. Seats can be used for only one named user at a time but can be moved from one user to another if the providers at your practice change over time.

Elation will list the number of Provider User seats that you commit to purchasing on your Sales Order form at initial contract acceptance. Except as otherwise specified on your Order Form or Service Agreement, (i) fees are based on Provider User seats purchased and not on Provider User seats used, (ii) payment obligations are considered non-cancellable and fees paid are considered non-refundable, and (iii) quantities of seats purchased cannot be decreased during the relevant Service Period.

You may enable and disable Provider Users on your account in the Elation platform as needed with administrative access, or by contacting usersuccess@elationhealth.com for assistance.

At any time, should the number of active Provider Users exceed the number of purchased Provider User seats, Elation will add the necessary number of seats to your paid seat count and charge on a pro-rated basis aligned with the relevant Service Period. These incremental seats will automatically renew into the subsequent Service Period along with your initially purchased seats.

Any incremental seats that are added to your account after initial purchase will be billed at the seat price in place at the time that new seats are added, not the seat price listed in your Sales Order form or Service Agreement.

Because purchased seats are not tied to unique users, and can be interchanged at will according to your needs, Elation does not consider the act of disabling individual users as notice of cancellation of any of your purchased seats.

Seat Cancellation & Practice Termination

You are solely responsible for the timely cancellation of any or all of your Provider User seats. You may cancel any or all of your Provider User seats by emailing usersuccess@elationhealth.com.

If reducing the number of purchased seats, or otherwise removing products or services from your account, notice of cancellation detailing the seats or products you intend to cancel must be delivered to Elation in writing before the end of the relevant Service Period. Cancellation of seats, products, or services will take effect at the end of the relevant Service Period, and no refunds will be computed or paid for partial months of service.

To terminate all Services, notice of Termination must be received by Elation within thirty (30) calendar days of the end of the current Service Period. If cancellation is received less than thirty (30) calendar days from the end of the current Service Period, your subscription will automatically renew for a final Service Period, and fees for that final Service Period will be due in full.

Upon termination of all Services, and at your request, Elation will provide you with an electronic copy of your patient data either in a PDF file that you can easily print, or in a format that can be imported into any other certified EMR system. Upon such cancellation, you may also request to obtain “read-only” anytime access to all of your records stored on the Elation Service. To help cover maintenance costs, Elation will charge a fee of $25/month (or the then-current fee) to continue to host and maintain your records for “read-only” anytime access.

Payment Terms

All fees are payable in U.S. Dollars by the payment options indicated in this Payment Policy. Elation reserves the right to charge processing fees depending on the means of payment, so long as you are notified of any such fees in advance. All invoices are due and payable in full upon receipt, unless otherwise stated in your Service Agreement. Late payments may be charged interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by applicable law, if less). Fees are exclusive of taxes or other government charges. You are responsible for paying all applicable taxes and government charges, and all reasonable costs and expenses (including, without limitation, attorneys’ fees and costs) that Elation incurs collecting unpaid fees. All invoices are deemed valid unless you notify Elation in writing of any dispute within thirty (30) calendar days of the invoice receipt date, in which case you and Elation shall negotiate the resolution of such fee dispute in a timely and good faith manner.

Policy Updates

This Payment Policy may be revised from time-to-time; provided however, that such revisions will not take effect until the end of your then-current Service Period. You will be notified of any such changes that take effect, and the last updated date of this Payment Policy will be noted so that you can easily identify when changes were made.