Hosting Master Service Agreement
This Master Services Agreement is between PATIENT DATA PROTECTION, LLC., a Florida Limited Liability Corporation (“PATIENT DATA PROTECTION, LLC”) and the organization or individual person whose name appears on the signature line of the Agreement or on any document that incorporates the Agreement by reference (“Client”) and is effective on the Effective Date.
- Defined Terms. Capitalized terms shall have the following meanings or the meanings assigned to them in the other Sections of the Agreement:
“Agreement” shall mean the 12* Month Service Agreement, any PATIENT DATA PROTECTION, LLC Addendum to this Master Services Agreement, and the AUP, collectively. Any conflict between the documents shall be resolved by reading the documents in the foregoing order of precedence.
“AUP” shall mean PATIENT DATA PROTECTION, LLC’s Acceptable Use Policy, as described here;
PATIENT DATA PROTECTION, LLC services may only be used in accordance with the protection of and benefit of clients’ health care entity. Client may not without prior permissions change the content of its website, or advertising on their website, to another industry type.
The terms of this agreement may be amended from time to time in accordance with Section 6 (AUP) of this Master Services Agreement.
“Business Day” shall mean Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time, excluding any United States Federal Holiday.
“Effective Date” shall mean the day that Client accepts and signs the 12\* Month Service Agreement, client’s payment is made and funds are made good, or by using the Service.
“Service Commencement Date” shall mean the date PATIENT DATA PROTECTION, LLC publishes client’s website, install ADA accessibility software, or provides any of its services in the 12\* Month Service Agreement.
“Service” or “Services” shall mean the Hosting Service and any Supplemental Service(s) provided by PATIENT DATA PROTECTION, LLC to Client pursuant to the Agreement.
- Term. The initial service term of the Agreement shall begin on the Service Commencement Date and continue for the period stated in the 12* Month Service Agreement (the “Initial Term” ) and automatically renew* for successive terms equal to the initial term unless canceled by either party in writing at least thirty days before the expiration of the current term (the “Term”). The Initial Term applicable to any 12* Month Service Agreement executed subsequent to the Effective Date shall begin on the Service Commencement Date stated in that 12* Month Service Agreement and continue for the period stated in that 12* Month Service Agreement.
- Payments.
(a). AGREEMENT TO PROVIDE SERVICES AND PAY FEES; 12* MONTH SERVICE AGREEMENT. Pursuant to the Agreement, PATIENT DATA PROTECTION, LLC has agreed to provide certain services (“Services”) to the Client, and the Client has agreed to pay certain fees (“Fees”) to PATIENT DATA PROTECTION, LLC in consideration therefore. PATIENT DATA PROTECTION, LLC shall have the right to increase the Fees after 12* (twelve*) months of service in proportion to increases in the Consumer Price Index and/or electricity costs applicable to the geographic area where the Building is located, plus two percent (2%). PATIENT DATA PROTECTION, LLC shall have the right to increase software license fees at any time for software in proportion to increases from owner of the product. Client shall have the right to purchase additional Services offered by PATIENT DATA PROTECTION, LLC from time to time on terms and conditions to be agreed upon in writing.
(b). PAYMENT OF FEES; DUE DATE; LATE CHARGE; DEFAULT INTEREST. Client agrees to pay the monthly and set up fees stated in the 12\* Month Service Agreement and PATIENT DATA PROTECTION, LLC’s standard fees for Supplemental Services as described in Section 3 (Services) above. PATIENT DATA PROTECTION, LLC may require payment in full of its first invoice before beginning the Service. On or before the first (1st) day of each and every month during the Term hereof (each, a “Due Date”), Client agrees to and shall pay the Fees to PATIENT DATA PROTECTION, LLC, in advance, for the Services to be rendered by PATIENT DATA PROTECTION, LLC to Client during said month, without offset, deduction or credit of any kind and in good and drawable funds. If Client for any reason fails to pay the Fees to PATIENT DATA PROTECTION, LLC by the Due Date of any month during the Term hereof, Client will be assessed an administrative charge in the amount which is equal to five (5%) of the overdue Fees (“Administrative Charge”); in addition PATIENT DATA PROTECTION, LLC may charge interest on all due but unpaid Fees at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law (“Default Interest”) until paid in full. Client agrees to and shall pay to PATIENT DATA PROTECTION, LLC for all costs of collection of the Fees, Default Interest and Late Charges plus PATIENT DATA PROTECTION, LLC’s attorneys’ fees, costs, expenses and court costs and fees paid or incurred in connection therewith. Client’s obligation to pay the Fees, Default Interest and Late Charges shall survive the expiration or earlier termination of the Hosting Master Service Agreement. If Client requests that PATIENT DATA PROTECTION, LLC provide services not specifically set forth herein and PATIENT DATA PROTECTION, LLC agrees to provide such services, Client agrees to pay PATIENT DATA PROTECTION, LLC’s standard fee for such service at the time such service is rendered or such charge as the parties may mutually agree upon prior to the delivery of the service. Invoices for Supplemental Services, excess data transfer, reinstatement of service, switching and upgrade fees and other non-recurring amounts are due on receipt. Client acknowledges that it is responsible for excess data transfer fees that may result from a denial of service or other attack on your website hosted on the PATIENT DATA PROTECTION, LLC servers. Credits due under the 12\* Month Service Agreement may be given, at PATIENT DATA PROTECTION, LLC’s, 0ption, against the invoice for the month in which the event(s) occurred or the invoice for the following month. Payments must be made in United States dollars. PATIENT DATA PROTECTION, LLC may suspend any or all Services to Client if payment for any Service is overdue. A Reinstatement Fee equal to seventy-five dollars (\$75.00) will be assessed for suspended Services and must be collected with the overdue Fees for the account to be reinstated. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate.
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(n) Agreement. The 12\* Month Service Agreement(s), PATIENT DATA PROTECTION, LLC’s AUP, and any PATIENT DATA PROTECTION, LLC Addendum to this Master Services Agreement accepted by Client are hereby incorporated in this Master Services Agreement by reference and together collectively constitute the Agreement. The Agreement is the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior agreement, understanding or communication, written or oral.
*Unless otherwise stated in the personalized “Patient Data Protection HIPPA Service Agreement”.
Revised: 09/04/25