OverC Health Advocates Service Agreement

BETWEEN:      OVERC HEALTH ADVOCATES

                          (sometimes, “OverC, “us, “we” or “our”)

AND                                                                                                                                              

                       (sometimes, “client”, “you” or “your”) (                            client email)

1. Definitions and Interpretations

Unless otherwise defined in the body of this Agreement, all capitalized words have the definitions attributed to those terms in Schedule “A” –

2. Services

2.1 Requesting a Service. Clients may request a Service by phone or email during regular business hours. Our office hours are 8:30am – 5:00pm, Monday through Friday, except statutory holidays. We will make our best efforts to accommodate your schedule in providing the Service but cannot guarantee the timeliness of the Service or our availability schedule. Services will only be carried out if they have been confirmed by us via email or phone. The location where a Service shall be carried out will be determined upon requesting a Service.

2.2 Pay Per Use Services. A pay per use Service includes any Service that you Whenever you request a pay per use Service, we will provide you with a cost estimate of the Services requested based on the information you provide to us. We will not provide you with the pay per use Service until you have approved our estimate. Pay per use Services are charged in minimum 10-minute intervals. While we make every attempt to provide accurate estimates, we are not bound by the cost estimate we provide, and our invoiced amount may be higher or lower. If the cost of the fee differs from our estimate, we will notify you before you are billed.

2.3 Cancelling a Requested Service. Requested Services may be cancelled by a client upon providing 24 hours’ notice to us by phone or by email. If you do not provide us with sufficient notice, you will be responsible for paying our cost estimate, in the case of pay per use Services.

2.4 Termination. Either party may terminate this agreement upon 30 days’ notice in writing to the other party. This agreement shall also terminate immediately upon the death or incapacity of a client.

3. Payment

3.1 Fee Payment In consideration of your Service Agreement, you agree to pay us:

    • all pay per use Service fees; and
    • applicable taxes and disbursements

                (collectively, our “Fee”).

Hereafter, our Fee shall be due and payable on the first business day of every month during the term. We will apply all pay per use Service fees incurred within any one month to our Fee for the following month. For example, all pay per use Service fees incurred in January shall be due and payable with the Fee payment on the first business day of February.

3.2 Pre-authorized Payments. You agree to pay our Fee by way of pre-authorized monthly payments from a credit or chequing account at a banking institution acceptable to us. We will charge your account after the first business day of every month during the term of this Agreement and, in the event, there are any pay per use Service fees incurred in the last month of the term, upon the first day of the month immediately following the term of this Agreement. You agree to complete the pre-authorized payment form attached hereto as Schedule “B” – Pre- Authorized Payments.

3.3 Invoices and Receipts.  We will send you an email confirming payment of our Fee upon receipt of payment from In the event any Fee or any part of our Fee is not paid in full on the first business day of the month, we will send you an email invoice with respect to our outstanding Fee.

3.4 Late Payments. Any unpaid portion of our Fee outstanding after 30 days shall bear interest at 8% per annum until such amounts have been We will charge you a $25.00 administration fee if a pre-authorized payment is not processed for any reason.

3.5 Increases in Price. We may increase all or any part of our Fee at any time during the term of this Agreement by giving you notice 30 days in advance of the increase in Fee.

4. Information

4.1 Client Information. You consent to OverC accessing, holding and sharing your Personal and Health Information while providing you with the Services. Any Personal and Heath Information of yours that we access, hold or share during the term of this agreement remains your property. We will only share your Personal and Health Information with your consent, which may be written or verbal. We are not liable for any Consequences that arise as a result of us accessing, holding or sharing your Personal or Health Information, provided we do so in the course of carrying out the Services pursuant to this Agreement.

4.2 Client Information upon Termination of Membership: Upon the termination of this Agreement, we will use our reasonable best efforts to return to you any original documents in our possession without delay on our In the event of a client loss of capacity or death, we will return any original documentation in our possession to any person who we have reason to believe is entitled to your property upon the occurrence of either of the two occurrences. We will keep our records of your file for a period of ten years following termination of this Agreement. This will assist us in restarting another Agreement should you decide to re-subscribe, and you may request a copy of your file at any time before it is destroyed.

4.3 Privacy Policy: We will hold your Personal and Health Information in accordance with our Privacy Policy which we may update from time to time without notice to you. See the terms of our Privacy Policy in Schedule “C” – Privacy Policy attached hereto.

5. Terms and Conditions

OverC does not provide, nor does it pretend to provide (1) any assistance in reducing wait times related to health care services; or (2) any medical prescriptions or procedures.

We do not make any representation or warranty as to the success or perceived success of the Services to be provided in accordance with this Agreement. Further, our Services will only be as thorough and the Health Records we assist to create will only be as complete as the information and knowledge made available to us by you or by those from whom we obtain such information on your behalf. Accordingly, you acknowledge and agree that your only remedy for any breach or perceived breach of this Agreement by us is for you to terminate this Agreement in accordance with its terms.

6. Limitation of Liability

We assume no liability for errors or omissions in your Health Records or any Consequence arising therefrom, even where those errors or omissions may have been caused by our actions or omissions, save for material errors caused by us through gross negligence. We assume no liability for any communication (or the Consequences of such communications) made to any other person within the scope of this Agreement, provided we had your consent. We assume no liability for any use or misuse of your cloud-based records account or for any Consequence arising therefrom.

7. Miscellaneous

This Agreement, including all schedules attached hereto, is the entire agreement between the parties with respect to the subject matter of the agreement and supersedes all prior understandings and discussions, whether oral or written and there are no warranties and representations between the parties except as specifically set out in this agreement. Any of our website content not specifically referenced or incorporated herein, shall not be binding on us.

Notice from one party to the other shall be sufficiently provided if provided by email to the respective addresses set out herein. Notice shall be deemed to be delivered on the day the email is sent, or if such email is not sent within our business hours, upon the next business day. You may also request that we send all correspondence and notices to you via post. If so, your postal address is as follows, and notice sent via mail shall be deemed to be received 3 business days following the day it was post marked:

____________________________________________________________________________________

(Address)

 

Each party shall be responsible for updating the other party of any change in email or postal address.

This Agreement shall be governed by the laws of the Province of Saskatchewan and the relevant federal laws applicable therein.

This Agreement shall be binding on and ensure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and permitted assigns.

Intending to be bound by this Agreement, the parties have, in their own hand or by the hand of their authorized representatives, signed on this _____________               day of_________________________        , 20____                .

OVERC HEALTH ADVOCATES

 Name:  _______________________________________________________

Signature: ____________________________________________________

Date: __________________________________________________________

CLIENT

Name: ________________________________________________________

Signature: ___________________________________________________

Date: _________________________________________________________

SCHEDULE "A" - Definitions

The following terms shall have the meanings ascribed to them:

a. “Agreement” means the Personal Health Management Agreement concluded between OverC and the Client on the day written therein.

 b. “Appointment Escort” means the service where an OverC Team member accompanies you to an appointment in order to assist you in articulating your requests, taking notes from that appointment and adding the to your Health

c. “Appointment Management” means the service where OverC will assist you in scheduling, cancelling, amending or otherwise managing appointments upon your instructions including adding the outcome report to your Health Record, and providing email or telephone reminders to

d. “Connections” means the service where OverC will have regular contact as agreed with the client, if requested communicate and document on behalf of the client with their health care providers and share health information with health care providers as directed by the

e. “Consequences” means any claim, cause of action, damage, cost, harm, loss or any other grounds that may give rise to legal liability.

f. “Disbursements” mean those out-of-pocket costs that we incur in providing you with the Services.

g.  “Health Record” means a digital health record that OverC will assist you in creating on your cloud-based record The Health Record will be used throughout the term of your Membership.

h. “Incapacity” means the incapacity of a client as evidenced by the written confirmation of one medical professional, or by an order of a court of competent jurisdiction.

i. “Interview and Health Record Creation” means the initial client interview and creation of the clients Health

j. “Navigation” means the service where OverC provides you with information or references with respect to navigating the health care system, the availability of health care services and or help you find the information you need to get the treatment and medical advice you

k. “Personal Health Record Maintenance” means the service where OverC updates, organizes and maintains your Health Record from time to time with (1) digital copies of your health records generated from health care providers; or with (2) notes taken by the OverC Team in carrying out the

l. “Personal and Health Information” means any of the clients personal or health information provided to or made available to OverC in any form and by any means, and which includes but is not limited to the client’s information in the Health Record, from time to time.

m. “Pricing Table” means the pricing table of Services in force from time to time.

n. “Service” means any one of the following and “Services” means two or more of the following:

i. Interview and Health Record Creation

ii. Personal Health Record Maintenance

iii. Navigation

iv. Appointment Management

v. Appointment Escort; and

vi. Connections

 

Schedule "B" - Pre-authorized Payments

Payor's PAD Agreement
(Pre-authorized Debit)

Instructions:

  1. Please complete all sections in order to instruct your financial institution to make payments directly from your account
  2. Please refer to Service Agreement for Terms and Conditions
  3. Return the completed form with a blank cheque marked “VOID” to the OverC at the address noted
  4. If you have any questions, please write or call OverC (306.934.2535)

Payor Information (Please type or print clearly)

Payor Name (s): ___________________________________________________________________________________

Address:                   ____________________________________________________________________________________

Telephone:          ____________________________________________________________________________________

Signature of Payor(s):

Date:

Payor Financial Institution/Banking Information (Please type or print clearly

Branch Number:

Institution:

Account Number:

Name of Financial Institution:

Branch:

Branch Address:

City/Province:

Postal Code:

Payee Information (Please type or print clearly)

Payee Name:  OverC Health Advocates
Address:  210 – 810 Central Ave, Saskatoon, SK  S7N 2G6
Telephone:  306.934.2535
Email:   admin@overchealth.ca

SCHEDULE "C" - Privacy Policy

To see our privacy policy click the link below:

Privacy Policy