Terms of Service

1. Agreement to Terms

By accessing or using HealthDeskPro's website or services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you (the "Client" or "you") and HealthDeskPro Pty Ltd (ABN: [ABN Number]) ("HealthDeskPro", "we", "us", "our").

2. Services Description

HealthDeskPro provides remote administrative support services to Australian medical practices, including but not limited to:

• Front office services (appointment scheduling, patient communications, reception support)
• Back office services (billing, claims processing, correspondence management)
• Practice management system support
• Administrative workflow optimization

Important Disclaimer: HealthDeskPro does not provide medical services, medical advice, diagnosis, or treatment. All clinical decisions remain the sole responsibility of the healthcare provider. We act only as an administrative service provider.

3. Service Agreement

3.1 Engagement

Specific services, deliverables, fees, and terms are outlined in individual Service Agreements executed between HealthDeskPro and the Client. These Terms supplement and are incorporated into all Service Agreements.

3.2 Client Responsibilities

Clients agree to:

• Provide accurate information and timely instructions
• Grant appropriate system access and permissions
• Maintain valid insurance and regulatory compliance
• Ensure clinical oversight of all patient interactions
• Review and verify all work performed by HealthDeskPro
• Notify us promptly of any errors or concerns

3.3 Our Responsibilities

HealthDeskPro agrees to:

• Provide services with reasonable skill and care
• Maintain confidentiality and security of information
• Comply with applicable laws and industry standards
• Employ qualified and trained personnel
• Respond promptly to Client inquiries and concerns

4. Fees and Payment

4.1 Service Fees

Fees are specified in the Service Agreement and may be based on hourly rates, fixed monthly fees, or per-transaction pricing. All fees are quoted in Australian Dollars (AUD) and exclude GST unless otherwise stated.

4.2 Payment Terms

• Invoices are issued monthly or as specified in the Service Agreement
• Payment is due within 14 days of invoice date unless otherwise agreed
• Late payments may incur interest at the rate of 2% per month
• We reserve the right to suspend services for overdue accounts

4.3 Fee Adjustments

We may adjust fees annually with 60 days' written notice. Fee increases will not exceed the Consumer Price Index (CPI) unless there is a material change in service scope.

5. Confidentiality and Privacy

5.1 Confidential Information

Both parties acknowledge that they may have access to confidential information, including patient health information, business information, and proprietary systems. All parties agree to maintain strict confidentiality.

5.2 Health Information

HealthDeskPro accesses and processes health information solely as directed by the Client and in accordance with:

• Australian Privacy Principles (APPs)
• Privacy Act 1988 (Cth)
• Relevant state-based health privacy legislation
• Our Privacy Policy (available at /privacy-policy)

5.3 Data Security

We implement industry-standard security measures including encryption, access controls, and regular security audits. All data is stored on Australian servers to ensure data sovereignty.

6. Data Ownership and Access

• All patient data and practice data remains the property of the Client
• We access Client data only as necessary to provide services
• Upon termination, we will securely return or destroy all Client data as directed
• We retain the right to aggregated, de-identified data for quality improvement and analytics

7. Intellectual Property

• HealthDeskPro retains all rights to our proprietary systems, processes, and methodologies
• Clients retain all rights to their practice data and patient information
• Work product created specifically for a Client may be assigned to the Client as specified in the Service Agreement

8. Limitation of Liability

8.1 Service Limitations

HealthDeskPro provides administrative services only. We do not:

• Provide medical advice or make clinical decisions
• Prescribe medications or order tests
• Diagnose or treat medical conditions
• Act as a substitute for qualified healthcare professionals

8.2 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from or related to our services is limited to the fees paid by the Client in the 12 months preceding the claim.

8.3 Exclusions

We are not liable for:

• Clinical decisions or outcomes
• Client's failure to review or verify our work
• System downtime or technical failures beyond our control
• Indirect, consequential, or punitive damages
• Loss of revenue, profits, or business opportunities

8.4 Indemnification

Client agrees to indemnify HealthDeskPro against claims arising from:

• Clinical care provided by the Client's practitioners
• Client's breach of these Terms or applicable laws
• Client's instructions or directions to HealthDeskPro

9. Insurance

HealthDeskPro maintains:

• Professional Indemnity Insurance
• Cyber Liability Insurance
• Public Liability Insurance

Clients must maintain current Medical Indemnity Insurance and notify us of any changes to coverage.

10. Term and Termination

10.1 Service Term

Services commence on the start date specified in the Service Agreement and continue until terminated by either party.

10.2 Termination for Convenience

Either party may terminate the agreement with 30 days' written notice (or as specified in the Service Agreement). All fees for services rendered up to the termination date remain payable.

10.3 Termination for Cause

Either party may terminate immediately if the other party:

• Breaches these Terms and fails to remedy within 14 days of notice
• Becomes insolvent or bankrupt
• Engages in illegal or unethical conduct

10.4 Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• We will cease accessing Client systems
• We will return or securely destroy Client data as directed
• Confidentiality obligations continue indefinitely

11. Regulatory Compliance

We comply with all applicable Australian laws and regulations, including:

• Privacy Act 1988 (Cth)
• Health Insurance Act 1973 (Cth)
• Work Health and Safety laws
• Fair Work regulations
• Australian Consumer Law

Clients must comply with all applicable healthcare regulations, including AHPRA registration requirements and Medicare billing rules.

12. Dispute Resolution

12.1 Informal Resolution

Parties agree to first attempt to resolve disputes through good faith negotiation.

12.2 Mediation

If negotiation fails, parties agree to mediation before commencing legal proceedings.

12.3 Jurisdiction

These Terms are governed by the laws of Western Australia. Parties submit to the exclusive jurisdiction of the courts of Western Australia.

13. Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, pandemics, government actions, internet outages, or strikes.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Service Agreement and Privacy Policy, constitute the entire agreement between parties.

14.2 Amendments

We may update these Terms from time to time. Material changes will be notified with 30 days' notice. Continued use of services constitutes acceptance of updated Terms.

14.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full effect.

14.4 Waiver

Failure to enforce any right does not constitute a waiver of that right.

14.5 Assignment

Clients may not assign this agreement without our written consent. We may assign to related entities or successors.

15. Contact Information

For questions about these Terms of Service, please contact: