Terms of Use

A. Definitions:
  1. DHS- MTS: It means providing license by using DHS- MTS program according to article (2) of subscription herein.
  2. Devices: Devices allow executing applications subject to subscription thereof possessed by the subscriber or provided by DHSA.
  3. Device: a computer e-box [Qty. 1] owned and provided by DHSA to the subscriber according to the subscription’s type
  4. Documents of the Program: which include operation system’s manual, usage’s instructions, technical manuals and any information of DHS-MTS maintenance and usage related thereto provided by DHSA to the subscriber in order to assisting the usage of (DHS-MTS) weather it is written or on medium of electronic storage media.
  5. Service fees: It means the amount that subscriber pays to DHSA to have the permission to use (DHS-MTS) and other services provided in accordance with the provisions of the subscription herein, and it is illustrative in the prices of services within the subscription’s application.                    
  6. The website: It means the place of (the devices) where (DHS-MTS) will be uploaded for the subscriber as it has illustrated within details section of the subscriber’s subscription.
  7. The server: It means the main device of the subscriber
  8. Subscription’s period: this subscription is for one year and shall renew automatically for similar period or periods unless otherwise any party notified in written the other of the non-desire of renewing three months prior to the end of the subscription.
  9. The companies involved: include both companies of insurance and medical claims management who provide services of audit and medical claims settlements on behalf of insurance companies and contractors with DHSA.   
  10. Direct integration services include the services provided by DHSA as following:
  • The query to verify patient eligibility in the treatment and the service provider. (Eligibility request/MSV-PSV): It means direct request from the health services provider to verify the eligibility or suitability of services to a particular beneficiary.
  • Electronic approval: (Approval/ Pre-authorization) means a request applies by one of health services providers to provide form of treatment to the beneficiary, and (Approval) means a positive response by the party whom possess the full authority to respond to the request.
  • Electronic claims (E-claim): It means the process of sending the account billing for the services provided to beneficiaries of the insurance coverage through DHS-MTS to insurance companies or medical claims management companies.
  • Statistical and analytical reports: It mean reports prepared by DHS-MTS and are working on data analysis.
  • Any transaction of direct integrations: it means any new service offered by DHSA upon the subscriber’s approval to benefit thereof.

 
B. Licensing (delivery and installation):
  1. DHSA commits to installing (DHS-MTS) and to be delivered to the subscriber and tests in time and location specified and on the (server or on the device) agreed on in accordance with the subscription type.
  2. Programs of the subscription herein shall not be sold and the subscriber shall have the right just to use it according to license herein in location specified in article no. A- definitions, paragraph no. 1- devices, paragraph no. 3- device, paragraph no. 6- the website, paragraph 7- server, paragraph 8- subscription’s period.
 
C. Services of DHSA:
  1. Transferring the subscriber’s transactions to the companies involved as dully required from the party specified and set forth in accordance with article A.9.
  2. The ratification on the subscriber’s transaction in the best possible way through DHSA due to the requirement of the companies involved for the purposes of expediting the decision of the transactions.
  3. Subject to provision (9) below, DHSA will abide by to protect the confidentiality of the subscriber’s transactions data.
  4. To keep backup copy of the transactions for the purposes of ensuring the continuity and security and the possibility of auditing and reviewing its provided services to the subscriber and the companies involved contracted with both parties.
  5. DHSA provides a confirmation certificate of any transaction from the sender to the receiver of companies involved when the subscriber requested, with keeping a review record of each transaction thereof for a period of one year.
  6. DHSA provides a report or inquiry service or response following to each time of uploading the transactions, and the report herein illustrates the uploaded transactions details as agreed with companies involved.
 
D. The subscriber shall maintain DHS-MTS programs during the entire subscription’s period herein, and that by sit in only of examine and test the program pursuant to the necessities of the regular usage in regard with its characteristics.
 
E. DHSA’s obligations: 
  1. To prepare the subscriber in term to send claims to the companies involved contracted with both parties.
  2. To provide the subscriber with DHS e Box according to the specifications table and DHS e Box delivery note attached with this Subscription.
  3. To train the subscriber's employees on how to use (DHS-MTS).
  4. To provide the subscriber with the upgrades and updates and modifications on (DHS-MTS), if any
  5. To provide the required support through visiting or by phone when the request delivered by the subscriber.
  6. To respond on calls requesting the service within a reasonable period.
 
F. The subscriber’s obligations: 
  1. The subscriber obliged to assure of the entire financial and medical claims data prior to send to the companies involved.
  2. To use the services of all of the companies involved.
  3. To follow up periodically and regularly with the companies involved regarding accounts unpaid according to legislations issued by the Cooperative Health Insurance Council.
  4. To appoint an officer responsible to communicate with DHSA in term to proceed the routine settlement for the reports of answer/ response issued by DHSA.
  5. To maintain the device DHS e-box after it has been received.
  6. To provide all technical and administrative facilities to enable DHSA to operate the electronic services.
  7. To provide suitable connection speed to the internet.
  8. The subscriber shall determine its own access code for the purposes of accessing to services and to benefit thereof. Moreover, to facilitate to access by one or more of the subscriber’s employees whom authorized to do so automatically.
  9. The subscriber shall take all procedures necessary to ensure of the exclusivity of the authorized subscriber’s employees of accessing the access code referred to in clause 6.7 above. If the access code turned to be and due to any reason unsafe, became accessible, or is in the possession of any unauthorized person, the subscriber therefore to notify DHSA instantly thereto, then DHSA shall replace the access code at the earliest. Moreover, the subscriber shall be responsible of any loss or legal liability or damages due to the unauthorized usage of the access code, in addition to indemnify DHSA for any claims thereof.
  10. If the subscriber has a vendor, he shall notify the DHSA if he wants to change it and he cant change without DHSA approval. Otherwise the subscriber shall be responsible of any loss or legal liability or damages due to not notify the DHSA about change the vendor , in addition to indemnify DHSA for any claims thereof.
  11. When using the Services, you agreeing and will follow these rules:
  • Don’t do anything illegal.
  • Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase count).
  • Don’t circumvent any restrictions on access to or availability of the Services.
  • Don’t engage in activity that is harmful to you, the Services or others (e).
  • Don’t engage in activity that violates the privacy of others.
  • help others break these rules.
 
G. Service fees: According to the prices related to the company of Digital Healthcare Solutions Arab and set forth in the (DHS Provider category). 
  1. In exchange of the services provided by DHSA pursuant to the subscription’s herein, the subscriber shall subject to conditions set forth below to pay to DHSA a fee service based on the provided service to the subscriber as set forth in the subscription’s application.
  2. All invoices are due within 30 (thirty) days from the date of providing Invoice.
  3. DHSA entitled to change the service fee with the obligation to inform the subscriber thirty days prior to implementing the new service fees.
  4. If DHSA compelled to file a lawsuit to recover the service fee from the subscriber, the subscriber thereby shall be liable to pay Takes and collection fees, and the lawsuit disbursements (due to the lawyer hereby to receive from his clients) and other expenses incurred by DHSA.
  5. Notwithstanding of what stipulated above, DHSA entitled to nullify the subscription’s herein and to terminate immediately if the subscriber fails to pay in due time the fee service provided thereof, or if the payment and withdrawal order issued by the subscriber or on the subscriber behalf is unacceptable or rejected by the drawee.
 
H. The guarantee: 
  1. DHSA ensures that (DHS-MTS) will perform the facilities and functions thereto in accordance with (its technical specifications) when the direct integration with the entity’s program on (devices) linked properly.
  2. Once any defects of (DHS-MTS) appear during the guarantee’s period, the subscriber notify DHSA in written of the existence of the defect or the error in (DHS-MTS), thus DHSA immediately take what is required to repair the defect or the error.
  3. The guarantee referred to above applies from the date of installation of (DHS-MTS) at the agreed location.
  4. The guarantee referred to the article herein is subject to the right usage of the (licensed program). The guarantee thereof does not cover errors appear in (DHS-MTS) due to the incorrect usage or modifying it without the written consent of DHSA, or the exposure of the devices uploaded with DHS-MTS to an irregular voltage, or fails to take precautions necessary to download, install, and update antivirus software, or if the signs on the intellectual property of the DHS-MTS removed or changed.
  5. DHSA liability confines to due guarantee aforesaid, in providing services relate to repair defects and errors in DHS-MTS without additional cost to the subscriber.
  6. shall not liable on the failure of DHSA (DHS-MTS) in the performance of any functions if functions herein not included within the technical specifications set forth in the subscription herein.
  7. The subscriber may not, without the prior written consent of DHSA to assign or delegate or authorize or otherwise to transfer of the subscriber right in the subscription herein to any third party, nor allow to any third party to use the software subject to the subscription herein. Moreover, the subscriber shall be liable for any losses or claims arising from the breach of said condition.
 
I. Intellectual Property:  
  1. The subscriber acknowledges that (DHS-MTS) possessed as private possession by DHSA and owns all intellectual property rights thereto.
  2. The subscriber acknowledges that (DHS-MTS) and related materials thereto (and all copyrights and property rights relating thereto whatever the nature is possessed by DHSA and/or DHSA representative companies.
  3. The subscriber acknowledges that the DHS e-box is a device owned by DHS Arabia and the subscriber is not entitled to open or maintain the device without the knowledge of the company and that if the subscription expires for any reason, the subscriber is committed to return the device and its accessories to the company, and take full responsibility for any damage that may occur in the device and DHSA has the right to obliged the subscriber to pay full price of the device and all its accessories.
  4. The subscriber undertakes to inform DHSA immediately upon any becoming aware of any unauthorized usage of (the licensed program), or any part hereof by any other party.
  5. The subscriber undertakes to allow DHSA to perform an audit to confirm the usage of (DHS-MTS) pursuant to the form authorized by.
 
J. Confidential of information: 
  1. The subscriber undertakes to maintain the confidential of information contained in (the licensed programs and documents related thereto) which may come to the subscriber knowledge on any way it comes.
  2. All information, data, specifications, documents, designs, modifications, updates and upgrades relate to (DHS-MTS and materials related thereto) in any form may come are considered confidential information.
  3. The subscriber undertakes not to divulge any of the information herein to any other party, directly or indirectly, without the written consent of DHSA. The subscriber shall indemnify DHSA for any losses or damages that may be inflicting by the non-compliance of the subscriber or the subscriber’s employees to the obligation herein.
  4. Obligations pertaining confidentiality referred to earlier shall remain in force and effect even of the end of the license granted afterwards pursuant to the subscription herein.
  5. Either parties shall not disclose confidential information to any third party unless there is a court order.
 
K. Modification to the programs: 
DHSA shall not be liable for any errors, interruption, or failure of (DHS-MTS) performance to its functions, whether due to modifying (DHS-MTS) or due to the usage along to other programs without the written consent of DHSA.
 
L. Disclaimers of DHSA: 
DHSA shall not be liable with respect to the validity of information transferred or exchanged between the subscriber and the companies involved. And in all cases, the subscriber discharges DHSA from any liability in accordance with the subscription herein related to the validity of the information exchanged or transferred from the subscriber side, whatever the damage inflicted, provided that DHSA not to interfering or modifying or changing in data transferred or exchanged between the subscriber and the companies involved.
 
O. The obligation to the Electronic Transactions Law: 
when using these Services herein deemed as a fully comply with all terms and laws of the Saudi Electronic Transactions in force and the implementing regulations and any amendments thereto in the future.
 
P. Waiver 
The subscriber shall not waive, sublicense, or assign (DHS-MTS) program in the subscription herein wholly or partially to any other party.
 
Q. Dispute settlement 
The subscription herein subjects to laws and regulations in force in the Kingdom of Saudi Arabia. Moreover if any dispute arises between both parties and not resolved amicably within 14 (fourteen) days from the date on which such dispute arose, the party whom suffers damages are entitled to resort to the competent authorities (according to the Saudi Arbitration Law in force and the implementing regulations thereto). The place of Arbitration is Riyadh, the Arabic is the approved Language and the issued arbitral award shall be final.
 
R. Notices 
The parties determined their addresses and their emails set forth in the subscription herein to be the official title for the receipt of any notices pertaining thereof.
 
S. The breach of the subscription: 
If the subscriber and/or any of the subscriber’s employees found in breach of any provision of the subscription herein, DHAS is entitled to terminate the subscription and DHSA will confiscate the entire amount paid by the subscriber and to suspending the subscriber from using DHS-MTS programs immediately.
 
T. The breach of the subscription:
If the subscriber and/or any of the subscriber’s employees found in breach of any provision of the subscription herein, DHAS is entitled to terminate the subscription and DHSA will confiscate the entire amount paid by the subscriber and to suspending the subscriber from using DHS-MTS programs immediately.
 
U. Change in subscription:
We may change these Terms at any time, and we will tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your DHSA account.
 
I. Intellectual Property:  
  1. The subscriber acknowledges that (DHS-MTS) possessed as private possession by DHSA and owns all intellectual property rights thereto.
  2. The subscriber acknowledges that (DHS-MTS) and related materials thereto (and all copyrights and property rights relating thereto whatever the nature is possessed by DHSA and/or DHSA representative companies.
  3. The subscriber acknowledges that the DHS e-box is a device owned by DHS Arabia and the subscriber is not entitled to open or maintain the device without the knowledge of the company and that if the subscription expires for any reason, the subscriber is committed to return the device and its accessories to the company, and take full responsibility for any damage that may occur in the device and DHSA has the right to obliged the subscriber to pay full price of the device and all its accessories.
  4. The subscriber undertakes to inform DHSA immediately upon any becoming aware of any unauthorized usage of (the licensed program), or any part hereof by any other party.
  5. The subscriber undertakes to allow DHSA to perform an audit to confirm the usage of (DHS-MTS) pursuant to the form authorized by.
 
V. Expiration of subscription: The subscription ends for one of the following:  
  1. Expiration of contract period.
  2. Cancellation by official letter from one of the parties
  3. Violation of subscriber to one of the terms in the subscription by article (F.10) & (G.6) & (H.4) & (H.7) & (I.3) & ( J ) & ( P ).
  4. The subscriber couldn't fulfil it's financial obligations.
 

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