Whitecoat Payment Services Agreement Terms and Conditions

1. Payment Services

1.1 Agreement overview

This agreement describes the Payment Services which we will provide to the Practice through the Whitecoat Solution and your obligations in relation to those Payment Services.          

1.2 Term

The Initial Term is 60 days from the date of this agreement.

The agreement automatically renews thereafter for a series of further 1-year terms, unless terminated in accordance with clause 4.1.

1.3 Payment Processing

Whitecoat will promptly process Transactions initiated by you through the Whitecoat Solution.

Transaction types which may be processed include a) Consumer payments made using Cards; b) private health insurance payments and claims; c) price estimates sourced from Funds; and d) Medicare Easyclaim payments and claims.

1.4 Settlement

We agree to settle the amount of a Transaction processed to the Bank Account within two Business Days.  

You agree that Whitecoat collects payments in respect of each Transaction as agent for the Practice, so that receipt of payment by us will discharge the obligations of the Payer in respect of the transaction.

1.5 Settlement exceptions

We don’t need to settle a Transaction if we have received notice at that time that the Payer has rejected or declined the Transaction.

Where we have settled the amount of a Transaction and the Payer subsequently rejects or declines the Transaction; or adjusts the amount it pays in respect of the Transaction, so that we do not receive full payment, or any payment that we have received is reversed, you agree that the Practice is liable to Whitecoat and must pay us for the amount of the Transaction as settled to the Practice. We may set-off the amount of the rejected, declined or reversed Transaction against any sums to be settled under clause 1.4.

 

2. Fees

2.1 Fees

You need a Whitecoat practice listing to commence the Initial Term which can be purchased for $99 if you  don’t already have one.  No Fees are payable in respect of the Initial Term of 60 Days.

You agree to pay Whitecoat the following Fees in respect of periods subsequent to the Initial Term:  

Annual fee per provider

Amount payable (inclusive of GST)

Initial provider

$299 billed annually in advance, or $29.95 per month billed monthly in advance

Subsequent providers

$249 billed annually in advance, or $29.95 per month billed monthly in advance

By way of example, the aggregate annual Fee for a practice with 5 providers is $1,295 (inclusive of GST).

Alternatively, you can pay $29.95 per provider per month, billed monthly in advance, if you inform us in writing. 

The Fees are in respect of an uncapped number of Transactions, subject to the Whitecoat Fair Use Policy.

2.2 Other charges

A Disputed Chargeback Fee of $30 will apply where applicable.

For a Transaction processed using an International Card an International Service Fee of 2.95% will apply.

You are responsible for any fines imposed by a Bank resulting from your use of the Payment Services and for any losses associated with chargeback and fraudulent transactions.

2.3 Payment by direct debit

You agree to allow Whitecoat to debit from the Bank Account any amount which you must pay to us under this agreement.

 

3. Your obligations

3.1 Practice’s obligations

You agree that you will, in connection with the use of the Whitecoat Solution:

  • have a current and valid Medicare provider number for each provider; 
  • comply with all technical, security, compliance and privacy standards specified by Whitecoat, a Fund, a Bank or a Card Scheme;
  • comply with the DXC Terms;
  • comply with the guidelines and terms of use of the Department of Human Services for Medicare Easyclaim transactions where applicable;
  • comply with the requirements of the Payment Card Industry Data Security Standard (commonly known as PCI-DSS); and
  • comply with the Privacy Act in relation to all personal information handled in connection with this agreement.

3.2 Initiating Transactions

  • You must only initiate a Transaction in relation to a Health Service, which has been purchased through your Website or at your Practice, or a Telehealth Service.
  • You must use best endeavours to ensure that the person presenting a Bank Card, Fund Card or Mobile Phone is the person to whom the relevant Bank Card or Fund Card has been issued, or is a genuine agent of that person acting under authority, and that the card or device is not expired or stolen.
  • The genuine holder of a Bank Card may pay for a Health Service provided to some other Consumer, but a Fund Card may be used only to pay for a Consumer covered by that Fund Card; and a Medicare Card may be used only to pay for a Consumer covered by that Medicare Card.

3.3 Indemnity

You indemnify us against any loss suffered by us or any of our employees of agents (other than you) in consequence of any failure by you or any person acting on your behalf (other than us) to comply strictly with the terms of this agreement.

 

4. Termination and suspension of services

4.1 Termination on notice

Whitecoat or the Practice may terminate this agreement without cause at any time during the Initial Term and by giving 60 days’ written notice after the end of the Initial Term.

4.2 Termination for breach

If the Practice is in default under this agreement, Whitecoat may send the Practice a notice specifying the default and requiring the default to be remedied within 14 days.  If you do not remedy the specified default during that period, or if you are in default of a similar requirement under this agreement at the end of the period, Whitecoat may terminate this agreement with immediate effect by notice to you. 

4.3 If a  party is in breach of agreement the other party may give it notice specifying the default and requiring the default to be rectified .  If the defaulting party does not rectify the breach within 30 calendar days or if the breach is not capable of rectification, then the other party may terminate this agreement at any time by giving at least 14 calendar days’ notice of termination.Suspension or withdrawal of Payment Services

Whitecoat reserves the right to immediately and without notice to you, withdraw or temporarily suspend, the Payment Services, or any part of them, if:

  • you fail to comply with your obligations under this agreement, or we believe on reasonable grounds that you are likely to fail to comply;
  • we reasonably suspect fraud by you or a person acting on your behalf;
  • we are advised to do so by any Bank, Card Scheme, Medicare, or any Fund; or
  • a service upon which the Payment System relies is unavailable.

Whitecoat will not be liable for any loss incurred by you resulting from any suspension or withdrawal of the Payment Services.

 

4.4 Impact of termination on Fees

You need to pay Whitecoat all Fees payable in respect of the period up to and including the date of termination.

5. Other provisions

5.1 DXC Terms

This agreement incorporates the DXC Terms. DXC provides connectivity with private health insurance funds and the DXC Terms, together with a summary of defined terms in this agreement, can be found at www.whitecoat.com.au/pages/providers/payment-services-agreement.  If there is any inconsistency between this agreement and the DXC Terms, the documents will be applied in that order to resolve the inconsistency.

5.2 Variation

Whitecoat may vary any term of this agreement by giving you 60 days’ notice, including by varying any Fee or imposing new fees. By continuing to use the Payment Services after receiving such a notice, you agree to the variation.

5.3 Survival

Clauses 1.5, 3.3 and 5.6 survive termination of this agreement for any reason.

5.4 Changes to your details

You must keep your contact details (such as address, contact details, or doctor and Medicare provider number details) up to date in the Whitecoat Merchant Portal at all times. 

If you wish to make a change to the Bank Account, you must give us at least 10 Business Days’ notice, and the Bank Account will not be changed until we have verified that payments may be made to the replacement Bank Account.

Where you originally have onboarded with a Bank, you should contact the Bank in the first instance to ensure your details are updated correctly. 

5.5 Confidentiality

Whitecoat will maintain the confidentiality of each Transaction and will not collect or otherwise deal in commercially sensitive information, except to the extent necessary for the Payment Services.

You must maintain the confidentiality of any information supplied by or on behalf of Whitecoat in connection with this agreement. You may only disclose such confidential information to the extent required by applicable laws or the rules of a Card Scheme.

5.6 Force Majeure

Neither party will be liable to the other party for any failure or delay in performing its obligations under this agreement (other than a payment obligation) to the extent that failure or delay is caused by an event or circumstance beyond its reasonable control. In such circumstances, the affected party must notify the other party and use reasonable endeavours to mitigate the effects of that event or circumstance.

5.7 Governing law

This agreement is governed by the laws in force in New South Wales.  You and we agree to the non-exclusive jurisdiction of the laws of New South Wales.

Definitions

Business Day means a day that is not a Saturday, Sunday, or public holiday in New South Wales.

Bank means a bank, money services business, payment network, or other financial intermediary.

Bank Account means the bank account nominated by you when sign the Whitecoat Payment Services Agreement.

Bank Card means a card supplied by a financial institution in Australia which complies with the Australian Standard 3524 of 1988 entitled “Identification Cards – Financial Transaction Cards” or which complies with such other specifications as agreed between a financial institution and Whitecoat.

Card means a Fund Card, Financial Card, or Health Care Card.

Card Scheme means a debit, credit or charge card scheme, such as EFTPOS Australia, MasterCard, Visa, or American Express.

Consumer means a patient who may be member of a Fund or a person designated by a Fund as a patient who holds a Card and may be entitled to benefits from the Fund in respect of a Health Service, or otherwise a patient from whom, payment may be sought by way of a Medicare claim and/or a Financial Card.

DXC Terms means the DXC Health Claims Terms and Conditions which are published below.

Fee has the meaning given in clause 2.1 of the Whitecoat Payment Services Agreement.

Fund means a private health insurance fund who has agreed to process Transactions relating to the Fund through the Whitecoat Solution.

Fund Card means a card supplied by a Fund which complies with the Australian Standard 3524 of 1988 entitled “Identification Cards – Financial Transaction Cards” or which complies with such other specifications as agreed between a Fund and Whitecoat.

GST means any tax payable under the ‘A New Tax System (Goods and Services Tax) Act 1999’.

Health Service means a service provided to a Consumer by you in your capacity as a ‘Health Service Provider’ being a person practising a health or health related service or dispensing products and services in respect of whom a Fund may pay a benefit for a particular service rendered by that person or an entity that has entered into such an agreement for that purpose.

Initial Term has the meaning given in clause 1.2 of the Whitecoat Payment Services Agreement.

International Card means a Bank Card not issued in Australia.

International Service Fee has the meaning given in clause 2.2 of the Whitecoat Payment Services Agreement.

Medicare Card means a card supplied by the Department of Human Services, including but not limited to a Medicare card.

Mobile Phone means a smartphone or similar device equipped with ‘near field communication’ technology and has been configured to emulate a Bank Card and/or a Fund Card and/or a Medicare Card.

Payer means the entity (such as a Fund or a financial institution) which is to make payment in respect of a Transaction.

Payment Services means Transaction processing services provided by Whitecoat utilising the Payment System including the provision of access via the web to a merchant management facility and the supply of Transaction reports, as well as facilitating the settlement of financial institution Transactions, as applicable.

Payment System means the software, network and technology system known as ‘Healthy Pay’ enabling a payment to be made using a Smart Device.

Practice means you, the Health Service practice described in the online application process through the Solution at the time you accepted these Terms and Conditions.

Telehealth Service means a Health Service provided using information and communications technologies, including video conferencing technology.

Transaction means a payment, pre-authorisation of a payment, refund or reversal attempted by the Applicant or their customer, via the combination of an Application and a Mobile Phone, or via a Card.

We, us, our means Whitecoat.

Whitecoat Fair Use Policy means the policy intended to ensure that the Payment Services are not used in an unreasonable manner, including, without limitation, fraudulent use and non-ordinary use. If Whitecoat reasonably considers your use of the Payment Services is unreasonable, we may, at our sole discretion, suspend or limit the Payment Services.

Whitecoat Solution means the provider applications made available by Whitecoat to facilitate the provision of the Payment Services via the Payment System which may be used through a Mobile Phone, a dedicated point of sale terminal, or a personal computer configured with a ‘near field communication’ device, as applicable. The Whitecoat Solution may be referred to as ‘Whitecoat Pro’ or other names from time to time.

You, your means the Practice.

DXC Health Claims Terms and Conditions

  1. INTRODUCTION

1.1 HealthClaims has two parts – electronic communications provided by DXC (“Claims Service”) and health claims processing provided by the Health Funds (“Processing Service”).

If You make an Application for HealthClaims and the Application is accepted:

(a) DXC will provide You with the Claims Services to Your Terminal in accordance with these Terms and Conditions and the Application; and

(b) the Health Funds will provide You with the Processing Service.

1.2 You will:

(a) comply with the detailed procedure for the operation of HealthClaims set out in the User Guide; and

(b) co-operate as reasonably required by DXC and the Health Funds for the successful implementation and operation for HealthClaims.

1.3 DXC enters the Agreement on its own behalf for the Claims Service, and will use commercially reasonable efforts to fulfill its obligations in a timely manner.

1.4 The Application must be signed by a Provider or by a person with authority to sign on behalf of a Provider. That signature will bind all Providers listed in the Application and the person signing warrants that the Providers on whose behalf he or she has signed have agreed to these Terms and Conditions.

1.5 All terms in capital letters are defined in clause 11 (Definitions).

  1. NOT USED
  2. THE HEALTH FUND’S CLAIM OBLIGATIONS

3.1 The Health Funds will process Claims in accordance with:

(a) their internal procedures and the terms of their policies with their

Members; and

(b) the details You give in Your Application.

3.2 A Health Fund is under no obligation to accept electronic Claims from You, including but not limited to Claims where:

(a) the Claim does not satisfy the criteria of the Members cover; or

(b) a Member disputes the validity of a Claim.

3.3 The Health Fund will pay a Claim to a Provider no later than 10 days after the Provider has made the Claim (unless the Claim is under dispute).

3.4 The Health Fund may suspend or terminate You from the Processing Service at any time if the Health Fund in its absolute discretion determines that is appropriate to do so.

  1. YOUR CLAIM OBLIGATIONS

4.1 You will:

(a) not knowingly submit a Claim which is untrue or unauthorised by the Member;

(b) submit Claims in accordance with the User Guide and all applicable laws;

(c) retain for 2 years original receipts of Transactions signed by the Member; and

  1. d) if required by a Health Fund, within 14 days make available original signed receipts and other supporting documentation verifying the Health Services to the Health Fund for verification.

4.2 You will not:

(a) make any representations or promises which purport to bind a Health Fund (for example, You will not promise a Member that a certain Claim will be accepted or a certain amount will be paid);

(b) charge a Member a fee for making a Claim;

(c) accept a Card if a Health Fund advises You not to do so; and

(d) use the HealthClaims Service for claims on a Health Fund if at any time that Health Fund advises You not to do so.

4.3 You represent and warrant that in respect of each Transaction:

(a)the particulars of the Transaction are true and correct (including the item number of the service delivered);

(b) the Claim represents services which have been actually provided by You for the Member identified on the Card;

(c) the Member does not, at the time You make the Claim, dispute liability to pay You for the services; and

(d) the Claim has been processed in the Member’s presence and, as applicable from time to time, the Member has signed the acknowledgement on the transcription receipt.

4.4 A Claim is not valid if it is illegal, incomplete, false in any respect, unauthorised or if it relates to services not provided by You.

4.5 You will protect the secrecy of Your user identification and password, which enable use of HealthClaims. DXC and Health Funds are entitled to accept a Claim as having been made by You if the Claim is submitted electronically using HealthClaims.

  1. NOT USED
  2. NOT USED
  3. TERMINATION

7.1 You may terminate the Agreement at any time by giving 30 days’ notice in writing to DXC.

7.2 DXC may for itself and on behalf of the Health Funds terminate the Agreement:

(a) immediately on notice if You breach any of these terms and conditions;

(b) immediately on notice if any DXC contract with the Health Funds relating to HealthClaims is terminated; or

(c) immediately on notice if You cease to carry on business, cease to use HealthClaims over a 3 month period, sell Your business or become insolvent, unless You have assigned Your right and obligations under the Agreement in accordance with clause 10.4 before the occurrence of any events referred to in this sub-clause; and

(d) immediately  if the Health Fund suspends or terminates You under clause 3.4; or

(e) on  7 days written notice to You.

  1. CONFIDENTIAL INFORMATION

8.1 A party will not:

(a) use the other’s Confidential Information except for the purposes contemplated by the Terms and Conditions;

(b) disclose the other’s Confidential Information, except to its employees or contractors who have a need to know the information to enable a product or service to be used in the manner contemplated by the Terms and Conditions and who have been informed of their obligations of confidentiality; or

(c) copy or reproduce in any form whatsoever the other’s Confidential Information.

8.2 A party will return (or destroy, as directed) another party’s Confidential Information on request or on termination of the Agreement.

8.3. DXC may disclose:

(a) to the Health Funds

(i) that You use HealthClaims; and

(ii) information necessary for the operation of HealthClaims (including, Your name, address, Provider number and bank details); and

(b) to Your Bank or Your application supplier any information You disclose to DXC necessary for the operation of the Terminal and HealthClaims.

8.4 You acknowledge that in providing HealthClaims, DXC may have access to, and use, certain personal information of Yours (including details of Your telephone numbers, address, Provider number and bank

details), and You consent to such use provided that it is in accordance with these Terms and Conditions or as reasonably necessary to enable DXC to fulfil its obligations under the Agreement, which you acknowledge and agree may include disclosure to the Health Funds or Your Bank as contemplated in clause 8.3 above.

8.5 You must comply with all privacy and related legislation applicable to any use or disclosure of personal information made by You in connection with this Agreement. In particular, You warrant that You have made all necessary disclosures and obtained all consents required under that legislation in respect of personal information provided or made available to DXC under or in connection with this Agreement. You will indemnify and hold harmless DXC and its related parties from and against any loss,

damages, costs, expenses or injury arising from or relating to Your breach of this warranty.

  1. LIABILITY

9.1 The parties acknowledge that provision of HealthClaims may not be uninterrupted or error free, although DXC and the Health Funds will use all reasonable efforts to supply HealthClaims in accordance with the Agreement.

9.2 Neither DXC nor any of the Health Funds is liable to You or any person claiming by or through You or otherwise for any loss, damages, costs, expenses or injury arising from this Agreement, including as a result of:

(a) the operation or failure of the operation of HealthClaims;

(b) any operation, failure, replacement or upgrade of Your Bank supplied Terminal;

(c) the content of any Traffic or any failure, error or omission in the entry of information for transmission or the transmission, conversion, reception or storage of Traffic.

9.3 Except as expressly specified in this Agreement, each of DXC and the Health Funds exclude:

(a) from this Agreement all guarantees, representations and warranties, whether express, implied, statutory or otherwise relating in any way to this Agreement; and

(b) liability to You for special, incidental, indirect, or consequential damages or lost profits or anticipated profits, however caused (including by negligence), relating to HealthClaims or in connection with this Agreement.

9.4 Without limiting clause 9.3(a), if any guarantee, condition or warranty is implied into this Agreement by the Competition and Consumer Act 2010 or any other applicable legislation for the time being in force which cannot be excluded by agreement, the liability of DXC and the Health Funds for breach of that implied guarantee, condition or warranty will be limited, at the option of DXC and the Health Funds, to:

(a) in relation to the supply of goods:

(i) the replacement of those goods or the supply of equivalent

goods; or

(ii) the repair of those goods; or

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in relation to the supply of services:

(i) the supply of those services again; or

(ii) the payment of the cost of having those services supplied again.

9.5 Any liability of a party for damages, however caused (including by negligence), in connection with this Agreement is reduced to the extent that the other party or its employees or agents contribute to the loss or damage or subject matter of the claim.

  1. GENERAL

10.1 A party will not be liable for a failure to comply with a provision of the Agreement if that failure is caused by an event outside that party’s control (‘force majeure event’), including but not limited to fire, natural disaster, accident, war, electrical outage or industrial dispute.

10.2 If a party is unable to comply with its obligations because of a force

majeure event it will:

(a) notify the other parties; and

(b) use its best efforts to resume performance of its obligations as soon as possible.

10.3 DXC may perform any of its obligations under the Agreement by arranging for them to be performed by a related body corporate of DXC or a third party.

10.4 You will not assign or attempt to assign any right or obligation under the Agreement without DXC’s written consent (not to be unreasonably withheld).

10.5 Part or all of any clause of the Agreement that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions of the Agreement.

10.6 DXC may vary the Agreement at any time by giving You 30 days prior notice in writing. Upon receipt of this notice You may terminate the Agreement under clause 7.1. If You do not terminate the Agreement, the varied terms and conditions will apply from the date the notice period expires.

  1. DEFINITIONS

In these Terms and Conditions unless the context otherwise requires:

‘Agreement’ means the agreement formed between You, DXC and the

Health Funds once you sign the Application and when DXC and the Health Funds accept Your signed Application and notify You accordingly.

‘Application’ means the application to receive HealthClaims made as part of the registration process which incorporates these Terms and Conditions.

‘Bank’ means, where applicable, the financial institution You have an agreement with for the supply of the EFTPOS terminal equipment and associated merchant facility services.

‘Cancellation’: a cancellation of a Claim submitted on the same day.

‘Card’ means a card to the specifications agreed by DXC and the Health Funds, supplied by a Health Fund to a Member for use in making Claims.

‘Claim’ means a claim by You for payment of benefits in respect of Health Services provided to You by a Member, for which the Member has assigned his or her right to benefits to You, and which is submitted in electronic form using HealthClaims.

Claims Service’ means the capture and transmission of the data between You and third parties including but not limited to the Health Funds, using the Whitecoat Payments Platform.

‘Confidential Information’ means all information concerning the Agreement, HealthClaims, Your practice, the business of DXC or Health Funds and all patient and Health Services information, disclosed by one party to another prior to, or in connection with the Agreement, excluding information in the public domain and information and information a party is required by law to disclose (but only for the purpose of that disclosure).

‘DXC’ means DXC Technology Australia Pty Limited (ACN 008 476 944).

‘EFTPOS’ means electronic funds transfer at point of sale for debit and credit card operations processed through a terminal.

‘HealthClaims’ means the Claims Service and the Processing Service.

‘Health Fund’ means the private health insurance companies with whom DXC has entered into an agreement for HealthClaims as advised to You from time to time by DXC.

‘Health Services’ means services provided by You to a Member for which a Member may be entitled to benefits from a Health Fund.

‘Member’ means a member of a Health Fund who may be entitled to benefits from a Health Fund and who is listed on a Card.

‘Merchant’ means a business that accepts payment for goods and services through electronic banking.

‘Processing Services’ means the receipt and processing of Transactions by the Health Funds delivered by the Claims Service, including verification of Claims and notification of acceptance or rejection via the Claims Service.

‘Provider’ means provider of Health Services.

‘Receipt’ means the receipt generated by the Whitecoat Payments Platform when a Transaction is processed.

‘Related Body Corporate’ has the meaning given to that term in the Corporations Act.

‘Traffic’ means any communication to or from the Health Funds using HealthClaims.

‘Transaction’ means the transmission of any of the following transaction types:

(a) a claim by one Provider for one or more Members of the same family and

(b) a cancellation of the last Claim submitted on the same day.

‘User Guide’ means the user guide as approved by DXC for HealthClaims, provided to You by Whitecoat from time to time, which will set out amongst other things instructions for use of Health Claims, making claims, verification, response and settlement of claims.

‘Whitecoat Payments Platform’ means the smart phone and web based software application service which provides a technology platform and integration service facilitating the management, adjudication, processing and settlement of Claims

‘You’ and ‘Your’ means the customer defined in the Application.

Part B – Terms relating to Encryption and Tokenisation

  1. Applicable Terms

    1. Provider Warranties.

    The Practice warrants that:

    (a)        the Practice  will conduct such tests and computer virus scanning in accordance with industry practice to ensure that data uploaded or downloaded by the Practice from or to services or systems provided by Whitecoat does not contain any virus and will not corrupt the data or systems of any person in any way;

    (b)        the Practice will keep secure at all times all passwords and cryptographic keys used to access, process and download data from services and systems provided by Whitecoat;

    (c)        the Practice  will follow all cryptographic key management procedures specified by Whitecoat; and

    (d)        the Practice is solely responsible for persons accessing the Whitecoat Pro and related Whitecoat Health Claim Services App and account and must not refer complaints or inquiries in relation thereto to Whitecoat.

    1. Unauthorised use.

    The Practice  agrees that Whitecoat may, unless or until Whitecoat discovers or is notified of potential unauthorised use of the Practice ’s account or access credentials, Whitecoat may treat all acts done or performed using the Practice ’s account or access credentials as being done or performed by the Practice without further investigation.

    1. Merchant Account.

    The Practice will be required to obtain (if not obtained already) a merchant account from a banking institution in order to receive the Services. The Practice agrees to abide by the terms and conditions of such an account at all times.

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