Register

Please review and accept the terms outlined below to begin registration.

Terms of Service

End-User License Agreement

This End-User License Agreement ("Agreement") is a legal contract between you (the "Vendor") (either an individual or a single business entity) and ImageWork Technologies Corp (herein ImageWork or Licensor) for the use of the vendor service portal, ClaimConnect (the "Software") and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Software Application").

The vendor service portal, ClaimConnect, is an online portal developed to enable the medical providers who are contracted by New York City Fire Department (herein after FDNY or Owner of Data) to register online to gain access to the FDNY web portal, to view claim status, to file inquiries, and to file claims online via the portal.

ClaimConnect is solely an intermediary service between the Vendor and FDNY to enable both parties to transact any dealings related to their business.

BY CLICKING THE "ACCEPT" ICON BELOW, OR BY OTHERWISE USING THE SOFTWARE APPLICATION CLAIMCONNECT, VENDOR AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. IF VENDOR DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, VENDOR MAY CLICK THE "REJECT" ICON TO LEAVE THE CLAIMCONNECT SITE.

The terms of this Agreement apply to the use of the Software, including any revisions or new releases Licensor may provide in the future.

TERMS

  1. License Grant - Licensor hereby grants to the Vendor and the Vendor accepts a nonexclusive license to use the Software only as authorized in this Agreement.

    Vendor agrees not to assign, sublicense, transfer, pledge, lease, rent, or share rights under this Agreement. Vendor agrees not to reverse assemble, reverse compile or otherwise translate the Software.

    Any copies of the Software or any related user documentation shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by Vendor or any representative of the Vendor.

    Your license to use ClaimConnect terminates immediately in the following circumstances: (a) without notice, upon your material breach of or the termination of the operative agreement (e.g., Medical Billing Agreement, Transcription Agreement, Eligibility Agreement, EMR End User License Agreement, etc.); or (b) without notice, upon your violation of the terms of the this agreement. In the event of termination of your license, you must immediately cease all use of the ClaimConnect Software, destroy all of your copies of the ClaimConnect Software and remove all files and data relating to the ClaimConnect Software that you have installed or copied on or to any physical devices or media.

  2. License Fees - ClaimConnect is provided without charge to those Vendors intending to submit medical claims via ClaimConnect for processing by FDNY. It is understood that FDNY is not a party to this Agreement.

  3. Terms -By clicking on the "ACCEPT" icon below, the terms and conditions of this Agreement, or as modified by Licensor, shall be applicable each and every time the Vendor utilizes ClaimConnect. The Vendor is under no obligation to use ClaimConnect although the terms and conditions of this Agreement remain in effect for all prior uses of ClaimConnect. Licensor may terminate this Agreement and discontinue ClaimConnect at any time and for any reason.

  4. No Warranties - The Software is provided "AS IS" without any representations or warranties as to functionality or quality whatsoever.

    The Vendor is asked to report any error or malfunction in the Software to the Licensor. Although Licensor assumes no legal obligation with respect to the use of the Software, it is Licensor's intent that errors and malfunctions will be addressed through reasonable corrective efforts based on priorities and available resources Licensor may assign to such errors or malfunctions.

    Please remember that any use of computers is subject to a likelihood of human and machine errors, omissions, delays and losses, including loss or corruption of data or media. The Vendor should adopt such measures as the Vendor deems proper to limit the impact of those problems, including backing up data and verifying the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data.

  5. HIPAA compliance and Confidentiality - Both ImageWork and Vendor warrant and represent that they will use its reasonable business efforts to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. 1320d, together with any current and future regulations promulgated there under (collectively "HIPAA"). All patient information and data provided by Vendor to Licensor shall be kept confidential and shall not be disclosed to anyone except to the extent necessary for Licensor to perform its obligations hereunder.

  6. Enrollment - In order to enroll in ClaimConnect, Vendor must have a Vendor Code and must be an active payee/vendor for the City of New York and must be approved by FDNY Bureau of Health Services personnel. Upon clicking on 'Register' and entering the Vendor Tax id, Vendor Code and Zip code, ClaimConnect will match with FDNY vendor list, upon which time Vendor will be allowed to continue to fill in the application. Once submitted, ClaimConnect will verify with FDNY and either approve or reject Vendor. If a match of tax id or vendor code is not found, ClaimConnect will direct Vendor to a Payee Information Portal link to register with the City and return to login again.

  7. Set up- Vendor shall be responsible for providing ClaimConnect with all information necessary to commence payment activities, including information pertaining to patient's physician profile(s), provider number(s), referring physicians, hospitals and other medical facilities at which Vendor provides medical services, together with diagnosis codes, procedure codes for the services provided by Vendor.

  8. Vendor Obligations - Vendor shall (a) check and confirm that any patient claim filing should have a valid Authorization issued by the FDNY Bureau of Health Services prior to providing treatment or rendering service, (b) provide to ClaimConnect, by means of online claim filing acceptable to ClaimConnect, Vendor's Authorization Number, services provided by Vendor during the term of this Agreement, correct demographic, and complete claim information (e.g. CPT, ICD-9) for each completed patient encounter, within sixty (60) business days following the date of service (not the date of the Authorization), together with any other information necessary to enable the ClaimConnect to process and submit Vendor's claims in a timely manner, and follow-up on Vendor's accounts receivable. The same process shall be followed for any hospital billing. Vendor warrants and represents that all claim information provided by it or its agents through ClaimConnect will be accurate, verifiable and properly documented and that Vendor has obtained any necessary patient consents, authorizations and assignments. Vendor shall also comply with any additional, reasonable requirements imposed by Licensor from time to time.

  9. Unique Username and Password - In order to access and use some services and content on ClaimConnect, you will receive a unique password(s) and account name(s). You are solely responsible for maintaining the confidentiality of the password(s) and account name(s) and are fully responsible for all activities that occur under your password(s) and account name(s). You agree that it is your sole responsibility to (1) control the dissemination and use of your password(s) and account name(s); (2) authorize, monitor, and control access to and use of your account name(s) and password(s); and (3) promptly inform ClaimConnect of any need to deactivate your account(s) and/or password(s). You grant ClaimConnect and all other persons or entities involved in the operation of ClaimConnect the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of ClaimConnect. ClaimConnect shall not be liable for any loss or damage arising from your failure to comply with this section.

  10. Secondary Accounts - Vendor will have the right to create up to ten (10) active secondary user accounts to manage their claim filing. Vendor is responsible for any secondary accounts they create.

  11. Relationship to other Agreements - If Vendor has executed another agreement with FDNY (e.g., Medical Billing Agreement, EMR End User License Agreement, and Medical Transcription Agreement), the terms and conditions of that agreement controls in the event of a direct conflict between said agreement(s) and this one. However, to the extent that the terms and conditions of any other agreement are not in direct conflict with each other, this Agreement is binding relative to Vendor's use of ClaimConnect.

    PROPRIETARY RIGHTS

  12. Copyright - All title and copyrights in and to the Software Application (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software Product are owned by ImageWork. The Software Application is protected by copyright laws and international treaty provisions. Therefore, the Vendor must treat the Software Application like any other copyrighted material, subject to the provisions of this Agreement.

  13. Submissions - Should the Vendor decide to transmit to ClaimConnect's website by any means or by any media materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, the Vendor agrees such submissions are unrestricted and shall be deemed non-confidential. Vendor automatically grants ImageWork and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

    DISCLAIMER OF WARRANTY

  14. Assumption of Risk - Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The Vendor shall assume the entire risk of using the Software Application. CLAIMCONNECT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS A VENDOR MAY OBTAIN BY USING THE SOFTWARE OR RELATED FILES. CLAIMCONNECT SHALL NOT BE LIABLE FOR THE CORRECTNESS OR QUALITY OF THE DATA SUBMITTED TO THE CLAIMCONNECT WEBSITE AND THEN SUBSEQUENTLY TO FDNY. CLAIMCONNECT CANNOT WARRANT THAT THE INFORMATION SUBMITTED TO CLAIMCONNECT WILL BE PROCESSED OR EVEN ACKNOWLEDGED BY FDNY. CLAIMCONNECT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE TIMEFRAMES INVOLVED FOR PROCESSING AND TRANSFERRING OF VENDOR DATA SUBMITTED VIA CLAIMCONNECT TO FDNY.

    IN NO EVENT WILL CLAIMCONNECT OR FDNY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF A CLAIMCONNECT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY VENDOR, OR FOR ANY CLAIM BY ANY THIRD PARTY.

    CLAIMCONNECT PROVIDES THE CLAIMCONNECT WEBSITE "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

  15. Governing Law - This Agreement shall be construed and governed in accordance with the laws of the State of New York without regard to its conflict of law statutes.

  16. No Waiver - The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any term or provision of this Agreement or the application thereof is deemed to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

  17. Entire Agreement - Except as set forth in Section 11 ("Relationship to Other Agreements"), this Agreement constitutes the entire agreement between Vendor and Licensor and governs Vendor's use of ClaimConnect. LICENSOR MAY REVISE AND UPDATE THIS AGREEMENT AT ANY TIME AND YOUR CONTINUED USAGE OF CLAIMCONNECT WILL CONSTITUTE AN ACKNOWLEDGMENT AND ACCEPTANCE OF ANY SUCH MODIFICATIONS.

  18. Indemnification - Vendor agrees to defend, indemnify, and hold Licensor, its officers, directors, employees, agents, licensors, and assigns harmless from and against any claims, actions, demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, Vendor's violation of this Agreement.

  19. Statute of Limitations - Vendor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Vendor's use of ClaimConnect must be filed within one (1) year after such claim or cause of action arose. If such a claim or cause of action is not filed within said one (1) year time period, the claim or cause of action shall be forever barred.

Accept   Reject

ClaimConnect is hosted by ImageWork Technologies.
©2010 ClaimConnect. All Rights Reserved.

Build: 0416-66093fb