PROVIDER REGISTRATION WEBSITE

TERMS AND CONDITIONS

 
This website is the property of CDT Technologies, LTD (d.b.a. “Ventanex”). All rights are reserved. Any copying, transmission, publication, or other unauthorized use of the contents hereof is strictly prohibited.

This website is made available by Ventanex as a platform for exchange of claim information by and between health care providers (“Providers”) and healthcare claim payors (“Payors”), and for the registration by Providers to receive claim payments to a payment account designated by the Provider through use of this site (the “Payment Account”). These terms and conditions govern your use of this Provider Registration Website  (the "Site"). You should carefully read these terms and conditions (the “Terms”) before you use the Site. By using the Site, you agree to be bound by these terms and conditions. Transmissions and communications to, from, and through this Site, even if done with the use of a secure Internet browser, may be read or intercepted by third parties. Each user of this Site agrees that Ventanex will not be held liable should such an interception occur.

You agree to use the Site in accordance with these Terms. We may need to change these Terms from time to time, in which case we will post the revised Terms on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Information
 
You are responsible for any and all information you make available or transmit through the Site. You represent and warrant that the Payment Account information you provide to us is accurate and that the Payment Account is an account owned by the applicable Provider under the Federal Tax Identification Number of such Provider. You authorize and direct Providers to remit to the Payment Account all payments that may be due or payable to you by the Provider.
 
You must supply us with accurate registration information including:
- Email address;
- Phone and fax numbers; and
- Prompt notification of any changes in your registration information.
 
You authorize us to contact you and your staff from time to time regarding your use of the Site. It is your responsibility to notify us if your email address or any other registration information changes. It is your responsibility to receive all emails sent by us to the email address you provide, including setting your email software to not “block” emails from us.
 
Access to the Site
 
1. User Identification. Each Payer or Provider is responsible for identifying the members of its Staff who are permitted to access and use the Site, as described herein (the “Authorized Users”). You agree to ensure that all Authorized User information provided to us is accurate, current and complete, and to notify us promptly if any information regarding Authorized Users changes.
 
2. Security. A user identification name and password (collectively, an “ID”) are required to access and use the Site. You are responsible for maintaining the confidentiality of the IDs assigned to Authorized Users, training your Authorized Users regarding proper protection of the IDs and promptly informing us in writing if an ID or password must be deactivated. You are responsible for any damages or losses incurred as a result of you or your Authorized Users’ failure to maintain the IDs’ confidentiality, and you agree that we shall have no responsibility for damages or losses in such circumstances. You agree to immediately notify us of any security or privacy breach relating to the use of the Site, including but not limited to, any unauthorized use of the IDs. We may terminate access to the Site or any other services with respect to any Authorized User for any reason related to security.
 
3. Your Responsibility. You acknowledge that the Site serves solely as a data exchange medium between Providers and Payers, and that you are responsible for:
 
a. Proper data entry, and coding and submission of only valid data;
b. Maintenance of detailed records of all information submitted and received; and
c. Notifying us of, and rectifying any inconsistent or incorrect data or payment submitted to or received from or relating to data submitted through this Site. You are responsible for any acts or omissions of your employees and agents relating to your responsibilities, including without limitation, data entry errors, and for damages incurred as a result thereof.
 
Electronic Transmissions
 
1. Information to be Transmitted. Ventanex is authorized to electronically transmit to you, and you agree to accept, electronic information related to payments made to you, and Ventanex may electronically transmit payment funds to the account designated by you.
 
2. System Operations. You will, at your own expense, provide and maintain the equipment, software, services (including but not limited to auditing and archiving) and testing necessary to send and receive transmissions effectively and reliably.
 
3. Proper Receipt. Transmissions shall not be deemed to have been properly received, and shall not give rise to any obligation, until accessible to you at your computer.
 
4. Garbled Transmissions. If any transmission is received in an unintelligible or garbled form, you shall notify Ventanex (if identifiable from the transmission) within one business day. In the absence of such a notice, Ventanex’s records of the contents of such transmission shall control.
 
5. Test Period. For a mutually agreed upon period of time prior to the sending of production transmissions, test transmissions shall be transmitted and received for testing purposes.
 
6. Payments. Whenever Ventanex transmits payment data to you, Ventanex will cause associated payment funds to be deposited electronically in your designated bank account no later than one (1) business day following the date of transmission of the data records. The daily Ventanex data file transmitted to you will be 100% in balance with the amount of funds deposited into your designated bank account for the corresponding business day.
 
7. Payment Reversals. Ventanex may reverse any payments previously submitted by Ventanex to you. Such reversals shall be included in the payment file and deducted from payments remitted by Ventanex to you. Ventanex reserves the right to reverse any payment at any time for any reason. In the event that Ventanex is not able to offset reversed payment from payment funds remitted to you, you agree to pay the amount of the reversed payment to Ventanex within ten (10) days of Ventanex’s request.
 
HIPAA Obligations
 
You will be accessing or providing individually identifiable health information, or Protected Health Information (“PHI”) (as that term is defined in the regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Regulations”), as may be amended from time to time), through this Site. With respect to information accessed through this Portal that constitutes PHI, you agree as follows:
 
(i) Definitions. Terms used in this Section but not otherwise defined in these Terms shall have those meanings set forth in the HIPAA Regulations.
 
(ii) Obligations.
 
(A) You agree not to use and/or disclose PHI accessed or obtained through this Site except as permitted under the HIPAA Regulations.
 
(B) You agree to use reasonable safeguards to prevent use or disclosure of PHI.
 
(C) You will:

(1) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI that you create, receive, maintain, or transmit; 
(2) Protect against any reasonably anticipated threats or hazards to the security or integrity of such information;
(3) Protect against any reasonably anticipated uses or disclosures of such information that are not permitted or required under the HIPAA Regulations;
(4) Ensure compliance with this subpart by its workforce; and
(5) Ensure that any agent, including a subcontractor, to whom you provide such information, agrees to implement reasonable and appropriate safeguards to protect it.
 
(D) You agree to report to us any security incident of which you become aware.
 
 
NO WARRANTIES
 
The information posted on the Site is provided "AS IS" without warranty of any kind. We expressly disclaim any and all warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will we be liable in any way with regard to your use of such information. We are not responsible for the amount of any payment or payment errors relating to any payments remitted by any Payor to any Provider to the Payment Account. Any issues or problems associated with any payments remitted by any Payor to the Payment Account must be addressed and resolved exclusively by and between the applicable Payor and the applicable Provider.
 
WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
 
YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS, OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND THAT WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES OFFERED THROUGH THE SITE.

Termination/Suspension of Use
 
We have the right to suspend or terminate your use of the Site and refuse any and all current or future use of the Portal (or any portion thereof) at any time in our sole discretion.
 
Limitation of Liability
 
Under no circumstances, including, but not limited to, negligence, shall we, or our subsidiaries or affiliates, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Site or any materials made available through the Site. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any materials or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
 
Indemnity
 
You agree to defend, indemnify and hold each of Ventanex, its subsidiaries, affiliates, officers, directors, employees, agents, parents and licensors, harmless from any and all claims, demands, liabilities, losses, damages, and/or expenses, including reasonable attorney fees and expert witness fees arising out of or relating to (i) the use of the Site; (ii) any information, including but not limited to Payment Account information, transmitted through or contributed to the Site; (iii) information accessed via the Site; (iv) payments remitted to the Payment Account; and/or (v) violation of these Terms by you, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from content or other materials posted onto the Site by you, or the infringement by you, of any proprietary rights or other rights of any person or entity.
 
Release
 
Each user of any content or materials posted or made available through the Portal agrees to release and hold harmless Ventanex from and against any claims of such user relating to the quality, utility, accuracy, or results obtained from its use of or reliance on such content or materials.
 
Termination of Portal
 
We may cancel or terminate the Site or any part of the Site at any time without notice. In the event of termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.
 
Other
 
This agreement constitutes the entire agreement between you and us with respect to the subject matter contained in this agreement and it supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

ISSUING BANK TERMS & CONDITIONS

The issuing bank for the Ventanex Virtual Visa Prepaid Card (“the Card”) is Central National Bank of Enid, Oklahoma (“the Bank”).  The Card is a non-consumer product and therefore carries none of the consumer protections commonly found on prepaid cards.  The Provider agrees to be unconditionally and without limitation liable for all debits effectuated by use of the Card, whether authorized or unauthorized, whether utilized by Employees (of the Provider) or some other person, and whether arising from Card information lost or stolen.  All Employees who are granted access to the Card shall be deemed third party beneficiaries of the accommodation extended hereunder.  Accordingly, such Employees shall be jointly and severally liable with the Provider for any debits effectuated under the Card issued to the Provider whether authorized or unauthorized and whether arising from lost or stolen information.  If the Provider believes there is unauthorized activity occurring, the Provider should notify Ventanex (the program Servicer) immediately.

The Bank will maintain all data relative to the Provider as confidential information and will exercise the same standard of care and security to protect such information as the Bank uses to protect its own confidential information.  The Bank agrees to use such data exclusively for the providing of services to the Provider and not to release such information to any other party, except as may be required by law.

The Provider represents and warrants, on behalf of itself and its Employees that the Card information will only be used for lawful business purposes.  The Card may not be used for gambling or any other illegal purpose.

The Card is not enabled for international transactions, nor are the payments underlying the Card FDIC insured.

The Bank shall have the right, at its sole discretion to terminate the Provider’s privileges hereunder.

The Bank from time to time may amend the terms of this Agreement to the extent allowed by applicable federal and state law.  The Provider will be notified in a reasonable manner subject to the requirements of applicable law, any amendment to this Agreement will become effective at the time stated in such notice.

If any provision of the Agreement is determined to be unlawful or unenforceable for any reason, the remainder of the Agreement will remain enforceable.

This agreement and all transactions hereunder shall be subject to applicable federal law and the laws of the State of Oklahoma.  In the event any litigation is required to enforce the terms and conditions of this Agreement, such litigation may only be commenced in the Garfield Country District Court or the United States District Court for the Western District of Oklahoma in Oklahoma City, whichever court has jurisdiction.

By using the Card to accept payments, the Provider agrees to these terms and conditions.