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David Wyatt, MD
Lynn McCallum, MD
Ken Harrington, PM
Raymond Zakhari, NP
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EHR Service Level Agreement

Purpose
The purpose of the Practice Fusion Electronic Health Record ("EHR") Service Level Agreement ("SLA") is to formalize our commitment to our valued health care professional users ("Clients"). Our SLA is intended to memorialize the specific level of support that we promise to provide to our Clients. This SLA may evolve over time, with additional knowledge of our Clients requirements, as well as the introduction of new application and services into the support portfolio, so please continue to check back for updates.

Definitions
The following definitions shall apply to the Practice Fusion EHR SLA.

"Downtime" means, for the EHR, if there is more than a five percent (5%) of the user community issue rate. Downtime is measured based on server side issue rate.

"Downtime Period" means, for the EHR, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.

"Practice Fusion EHR Covered Services" means the Practice Fusion Electronic Health Record and Practice Management Service. This does not include the Practice Fusion website, support site, or any other additional Practice Fusion, Inc. branded site that does not pertain directly to the EHR system.

"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.

"Scheduled Downtime" means those times where Practice Fusion, Inc. notifies Client of periods of Downtime at least twenty four hours prior to the commencement of such Downtime. There will be no more than thirty six hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Practice Fusion EHR SLA, and will not be counted towards any Downtime Periods.

"Service" means the service provided by Practice Fusion, Inc. to Clients under the applicable Practice Fusion EHR Agreement.

"Service Credit" means the following:

  Monthly Uptime Percentage Days of Service added to the end of the Service term, at no charge
  < 99.9% - ≥ 99.0% 3
  < 99.0% - ≥ 95.0% 7
  < 95.0% 15

Scope of Agreement
During the term of the applicable Practice Fusion EHR SLA, the Practice Fusion EHR Covered Services web interface will be operational and available to Clients at least 99.9% of the time, excluding scheduled downtime, in any calendar month (the "Practice Fusion EHR SLA"). If Practice Fusion, Inc. does not meet the Practice Fusion EHR SLA, and if Client meets its obligations under this Practice Fusion EHR SLA, Client will be eligible to receive the Service Credits described below. This Practice Fusion EHR SLA states Client's sole and exclusive remedy for any failure by Practice Fusion, Inc. to provide the Services covered by this SLA.

Client Responsibilities
The Client has the following general responsibilities under this SLA:

  • The Client will conduct business in a courteous and professional manner with Practice Fusion, Inc.
  • The Client must notify Practice Fusion, Inc. and request the Service Credit within thirty days (30) from the time the Client becomes eligible to receive the Service Credit.
  • Service credit is only available to Clients who are actively enrolled in the paid subscription version of the Practice Fusion EHR service.

Failure to comply with these few responsibilities will forfeit Client’s right to receive a Service Credit.

Maximum Service Credit
The aggregate maximum number of Service Credits to be issued by Practice Fusion, Inc. to Client for any and all Downtime Periods that occur in a single calendar month shall not exceed fifteen days (15) of Service to be added to the end of Client’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.

Exclusions
The Practice Fusion EHR SLA does not apply to any service s that expressly exclude this Practice Fusion EHR SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of Practice Fusion, Inc’s reasonable primary control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Practice Fusion employees), or Internet service provider failures or delays, and; (ii) that resulted from Client’s equipment or third party equipment, or both (not within the primary control of Practice Fusion, Inc).

Contact Information
For any questions, concerns or requests for Service Credits please contact Practice Fusion, Inc. at: support@practicefusion.com

Practice Fusion by mail:
Practice Fusion
Re: Service Credits
501 Folsom Street, Floor 1
San Francisco, CA 94105