Payment Policy

Last updated: Q4 2023

This document outlines the payment policy in effect by Elation Health, Inc. (“Elation”) for Customers who enter into an Elation Service Agreement (“you”) and then provide authorization to users (including physicians, physician assistants, nurse practitioners, and non-physician staff members) to access the Elation services (your “Authorized Users”). “Provider Users” means your Authorized Users consisting of physicians, physician assistants, nurse practitioners and other healthcare providers who are permitted to sign off on visit notes and orders using the service.

Service Period

Your Service Period with Elation is defined as the period during which you receive delivery of services from Elation (“Services”) in exchange for payment of fees, as described in the Elation Service Agreement and/or your Sales Order Form. Once your Service Period commences, or automatically renews, payment for that Service Period is considered due in full and is nonrefundable. Elation offers two (2) Service Period options to you, and all Provider Users and purchased subscriptions associated with your account will be subject to the same Service Period.

Annual: The first Service Period commences on the Effective Date of your Service Agreement and extends for one (1) calendar year. Each annual Service Period automatically renews, unless otherwise canceled according to the terms outlined herein.
Month-to-month: The first Service Period commences on the Effective Date of your Service Agreement and extends for one (1) calendar month. Each monthly Service Period automatically renews, unless otherwise canceled according to the terms outlined herein. Note: Elation no longer offers month-to-month contracts (as of 9/1/2023). All month-to-month subscribers are considered Legacy.

Pricing

For more information about Elation’s current pricing plans, go to elationhealth.com/pricing, or contact us. If you are an existing customer, please contact your Elation Customer Success Manager or consult your Elation Service Agreement and/or Sales Order Form for subscription pricing and other applicable fees. In the event of a conflict between the terms in this Payment Policy and the terms expressly set forth in your Sales Order Form and corresponding Elation Service Agreement, the terms listed within your Elation Service Agreement shall prevail.

Invoice Frequency

All Provider Users and purchased subscriptions associated with your account will be subject to the same Invoice Frequency. Elation offers the following invoicing options based upon your applicable Service Period:

Annual Service Period Invoicing:

Annual upfront payments: The Customer agrees to make a single payment in full for the entire year’s Services upon receipt of the invoice. Payment is due upon invoicing unless otherwise stated in your Elation Service Agreement or Sales Order Form.
Annual Contract with monthly payments: The Customer agrees to an annual contract where they commit to make monthly payments for the Services provided upon receipt of the invoice. Payment is due upon invoicing unless otherwise stated in your Elation Service Agreement or Sales Order Form. Customer acknowledges and agrees that upon any early cancellation or termination of the Services prior to the end of an annual contract period, Customer is responsible for payment of fees for the remainder of such annual contract period and agrees to pay such fees within 30 days of invoice by Elation.

Month-to-Month Service Period Invoicing:

For legacy, month-to-month customers: The Customer agrees to make monthly payments for the Services provided upon receipt of the invoice. Payment is due upon invoicing unless otherwise stated in your Elation Service Agreement or Sales Order Form.

Provider Users

Provider Users are defined as the number of available purchased software licenses that can access Elation. For example, if you have five (5) Provider Users, up to five (5) named providers may be set up to access Elation. Subscriptions can be used for only one named User at a time but can be moved from one User to another if the providers at your practice change over time.

Elation will list the quantity of Provider User subscriptions that you commit to purchasing on your Sales Order Form at initial contract acceptance. Except as otherwise specified on your Sales Order Form or Service Agreement, (i) fees are based on Provider User subscriptions purchased and not on Provider User subscriptions used, (ii) payment obligations are noncancellable and fees paid are nonrefundable, and (iii) quantities of seats purchased cannot be decreased during the relevant Service Period.

You may enable and disable Provider Users on your account in the Elation platform as needed with administrative access.

At any time, should the number of active Provider User subscriptions exceed the number of purchased Provider Users, You acknowledge and agree that Elation may add the necessary number of seats to your paid seat license count and charge You on a pro-rated basis aligned with the relevant Service Period. You agree to pay all fees associated with additional Provider Users. These incremental seats will automatically renew into the subsequent Service Period along with your initially purchased license.

For annual contracts, any incremental Provider Users that are added to your account will be billed at the contracted rate, prorated for the remainder of the annual period during which they are added. For monthly subscriptions, any incremental Provider Usersthat are added to your account after initial purchase will be billed at the Provider User list price in place at the time that new seats are added.

Because purchased Provider Users are not tied to unique users, and can be interchanged at will according to your needs, disabling individual users does not qualify for a cancellation of any of your purchased Provider Users.

Provider Users are defined as either Prescribing, Non-Prescribing, Limited Use, or On Call. The definitions of these user seat types are as follows:

Billing User Type	EHR Account Type	Description/Details
Prescribing Provider	Regular Provider	A physician, physician assistant, nurse practitioner or other healthcare provider who is licensed to prescribe medications.
Non-prescribing Provider	Non-prescribing Provider	A provider who is not licensed to prescribe medications, including, but not limited to, registered nurses, acupuncturists, audiologists, health coaches, nutritionists, mid-wives, occupational therapists, physical therapists, respiratory therapists, registered dietitians, and social workers.
Limited Use* prescribing Provider (note: formerly called part-time providers, adjusted to reflect EHR usage instead of provider working schedule)	Regular Provider	A physician, physician assistant, nurse practitioner or other healthcare provider who is licensed to prescribe medications, and who logs into the Elation EHR less than three (3) days per week.
On-call Provider	On-call Provider	Either a prescribing provider or a non-prescribing provider who needs limited, time-bound access to the Elation EHR and Elation Billing platforms due to practice-level coverage policies. Allowed for a maximum of two (2) months/year.

Fax Overages

Integrated inbound and outbound eFax are available features of Elation EHR. Included for no additional charge in each Prescribing Provider User subscription is a combined inbound and outbound eFax volume of 1,500 pages per month. For each page over 1,500 per Prescribing Provider User subscription, there is a charge of seven (7) cents per page. You acknowledge and agree that it is Your responsibility to manage eFax usage and You are responsible for all charges in excess of the included pages.

Seat Cancellation & Practice Termination

You are solely responsible for the timely cancellation of any or all of your Provider Users prior to the then-current annual period of your subscription. Unless you have agreed to maintain a minimum number of Provider Users, You may cancel any or all of your Provider Users by emailing usersuccess@elationhealth.com aligned to the notification period defined on your Sales Order form. If you wish to reduce the number of Provider Users, or otherwise wish to remove products or services from your account, Your notice of cancellation detailing the seats or products you intend to cancel must be delivered to Elation in writing before the end of the relevant Service Period and in accordance with the terms of your Service Agreement or Sales Order. Cancellation of seats, products, or services will take effect at the end of the relevant Service Period, and no refunds will be computed or paid for partial months of service.

Except as otherwise expressly restricted in your Service Agreement or Sales Order, Elation reserves the right to increase its fees from time-to-time; provided however, that such changes will not take effect for you until the end of the then-current service period (e.g., the end of the then-current month for a monthly service period). You will be notified of any such changes.

Upon termination of all Services, and at your request, Elation will provide you with an electronic copy of your patient data either in a PDF file that you can easily print, or in another standardized file format supported by Elation that can be imported into any other certified EMR system. Upon such cancellation, you may also request to obtain “read-only”, anytime access to all of your records stored on the Elation Service. To help cover maintenance costs, Elation will charge a small fee per Provider User (or the then-current fee) to continue to host and maintain your records for “read-only” anytime access. Fees associated with read-only access are included in Elation’s pricing plan.

Payment Terms

All fees are payable in U.S. Dollars in accordance with Your Sales Order, Service Agreement and this Payment Policy. Elation reserves the right to charge processing fees depending on the means of payment, so long as you are notified of any such fees in advance. All invoices are due and payable in full upon receipt, unless otherwise stated in your Service Agreement or Sales Order. Late payments may be charged interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by applicable law, if less).

Elation reserves the right to increase the List Price prior to the start of any Renewal Term.

Fees are exclusive of taxes or other government charges. You are responsible for paying all applicable taxes and government charges, and all reasonable costs and expenses (including, without limitation, attorneys’ fees and costs) that Elation incurs collecting unpaid fees. All invoices are deemed valid unless you notify Elation in writing of any dispute within thirty (30) calendar days of the invoice receipt date, in which case you and Elation shall negotiate the resolution of such fee dispute in a timely and good faith manner.

Elation’s billing portal can be used to update your payment method and access your billing detail at any time. Elation accepts payment via ACH or credit card. The method of payment selected will be used for each recurring Service Period and for any additional incurred costs as agreed herein or in Your applicable Sales Order or Service Agreement.

Policy Updates

This Payment Policy may be revised from time-to-time; provided however, that such revisions will not take effect until the end of your then-current Service Period. You will be notified of any such changes , and the last updated date of this Payment Policy will be noted so that you can easily identify when changes were made.