DATA MIGRATION SERVICES TERMS AND CONDITIONS

By signing up for this Data Migration Services Terms and Conditions (“T&C”), you are agreeing to be bound by the terms and conditions as set out below. This T&C is between you, as User and Senior Marketing System Sdn. Bhd. (“SMS”) (together, the “Parties”, and each a “Party”). It describes the scope of services and limitation applicable to the data migration services (“Services”) SMS provided to you. This T&C applies to you when you choose the Services during your sign up for MIMS CIS.

SMS reserves the right to update and change this T&C by providing a written notice to you.

This T&C shall read in conjunction with the Terms of Use and Privacy Policy of MIMS CIS (collectively, Principal Terms). In the event of an inconsistency between this T&C and the Principal Terms, the Principal Terms shall prevail. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Principal Terms. Except as specifically modified by this T&C, all terms and conditions of the Principal Terms remain in full force and effect.

Article 1: Purpose

This T&C is made for the purpose of migrating patient’s personal data, encounter history with consultation description, and drugs and other details of prescription information (collectively, “Migrated Data”) from your current system’s database (“Source Server”) to a server residing on SMS’s Clinical Information System (“CIS Server”).

Article 2: Project Scope

2.1            SMS will perform the Services to you in accordance with the Project Schedule as specified in the attached Appendix A. This Project Schedule shall serve as the entire scope of work for the Services.

2.2            Each party shall in relation to the obligations allocated to it in the Project Schedule: (a) perform such obligations, including by providing the relevant inputs in accordance with timeframes or milestones (if any) specified in the Project Schedule; (b) use reasonable care and skill in performing such obligations; (c) comply with good applicable practice; (d) comply with all local laws applicable to it; (e) obtain and maintain consents, licences and permissions (statutory, regulatory, contractual or otherwise) that are necessary to enable it to comply with such obligations; and (f) ensure that the relevant inputs it provides conform with descriptions and specifications (if any) set out in the Project Schedule.

Article 3: Duration

The Services may take 5 to 10 working days to be completed. Notwithstanding the foregoing, you agree and acknowledge that the duration of the Services may be extended if the scope of work exceeds the specifications listed under Appendix A or due to other factors beyond SMS’s control for example, including but not limited to,  slow internet connection or size of the database in the Source Server.

Article 4: Charges

Each Party shall: (a) not be entitled to charge the other Party for the provision of anything it provides in connection with the Services and this T&C; and (b) be otherwise responsible for its own costs incurred in connection with the Services.

Article 5: Out of Scope Services

The Services described under this T&C does not include Data Export Services (“DES”). In the event SMS accepted your request for the DES, SMS shall provide you with a written proposal in respect of the DES, which proposal shall include: (1) a description of the DES and responsibilities of both parties anticipates performing in connection with such DES; (2) a schedule for commencing and completing such DES; and (3) SMS prospective fees for DES, including a detailed breakdown of such fees. SMS shall not begin performing any DES until you have provided SMS with written authorization to perform such DES. For the avoidance of doubt, SMS reserve the right to reject your request for DES without any reason provided.

Appendix A – Project Schedule  

(A) SMS’s obligations under the T&C:

  1. Request, obtain, and verify Source Server access details and logins, in accordance with the migration assessment form to be provided;
  2. Oversee and administer the migration project;
  3. Remotely access the Source Server, perform a copy and/or backup process of Migrated Data and transfer to CIS Server;
  4. Set up and reconfigure Migrated Data, in accordance with data migration limitation as described under Section C below, and restore the Migrated Data to CIS Server;
  5. Perform initial review for the Migrated Data;
  6. Provide you the opportunity to verify the Migrated Data; and
  7. Schedule and perform final source-to-destination data migration.

(B) Your obligations under the T&C:

  1. Represent and warrant that you are responsible for all Migrated Data content, regardless of format.
  2. Provide SMS the login details for the Source Server;
  3. Appoint a key employee as its key point of contact for you during the term of this T&C;
  4. Coordinate with Source Server hosting and/or service provider to ensure there are no remote access barriers to the Source Server;
  5. Refrain from making change and/or revision to any Migrated Data during the term of this T&C, with the exception of any database driven updates that can be synchronized to CIS Server, if required, prior to the go-live event;
  6. Promptly and thoroughly test every function of Migrated Data in the CIS Server;
  7. Report any and all errors to SMS discovered during testing, including instructions to demonstrate how the error can be reproduced and, if applicable, visual examples (i.e. screenshots) of such;
  8. You shall confirm in writing within 3 working days if the Migrated Data in the CIS Server approve by you. Failure to do so shall constitute implied/non-express acceptance of the Services performed by SMS; and
  9. Keep all Migrated Data active and accessible on Source Server for the entire duration of the T&C and for no less than ten (10) working days following completion of the go live event.

(C) Data migration limitation

The following limitations apply to the data migration and/or the Services:

  1. Load patient information and encounter details as it is from source system for the past 4 years only (“Limit”). For any data exceed this Limit, SMS shall convert the said data into an excel file in accordance with SMS structure/format which the copy will be provided to you. No data cleansing performs while doing data migration:
    • Duplicate patient list/data; and
    • Duplicate visit/encounter details.
    • Encounter Data for Patient
    • Drug Data and Price
    • Charges Data and Price
    • Insurance/Panel Data
    • Charges price for each Ins/Panel (optional)
  2. Load all patients from Source Server including deleted/inactive;
  3. Consultation notes and prescribed drug list with amount and dosage fully migrated from Source Server.
  4. All Migrated Data will not contain panel/insurance information;
  5. All migrated prescribed drug price will be zero. If there is no prescription then we add zero charges for MIMSCIS system purpose;
  6. All Migrated Data has added zero payment for MIMSCIS system purpose. By adding zero payment to all Migrated Data, there is no incomplete encounter from Migrated Data.
  7. All Migrated Data is to help you for consultation reference. Migrated Data cannot use for:
    1. Reporting such as encounter report, sales report etc;
    2. Reference for inventory transaction; and
    3. Invoice

 

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