Terms of Service
These Terms of Service ("Terms") are a binding agreement between QSP Central ("QSP Central," "we," "us") and the organization that accesses the QSP Central care-operations platform (the "Service"). By creating an account or using the Service, you ("Customer") agree to these Terms on behalf of your organization and represent that you are authorized to do so.
1. The Service
QSP Central provides software that helps North Dakota Qualified Service Providers import timesheet and EVV data, reconcile records, track authorizations, schedule, and run payroll, including export to ADP. We may update, improve, or change features over time.
2. Accounts and eligibility
The Service is for use by QSP agencies and their authorized staff. Customer is responsible for maintaining the confidentiality of account credentials and for all activity under its accounts, and must ensure each user accesses only data appropriate to their role.
3. Customer responsibilities and data
- Customer is responsible for the accuracy and legality of all data it imports or enters, including timesheets, authorizations, and payroll inputs.
- Customer represents that it has all necessary rights, authority, and consents to upload and process any protected health information ("PHI") and personal data in the Service.
- Customer is responsible for its own regulatory compliance, including verifying payroll and overtime calculations before relying on them.
- Customer will not misuse the Service, attempt to breach tenant isolation or security, or use it unlawfully.
4. HIPAA and PHI
To the extent QSP Central processes PHI on Customer's behalf, it does so as a Business Associate under a separate Business Associate Agreement ("BAA"), which is incorporated by reference. The BAA governs the parties' obligations with respect to PHI and controls over these Terms in the event of a conflict regarding PHI.
5. Fees
QSP Central is provided free of charge during the early-access period. If paid plans are introduced, pricing and billing terms will be provided in advance and set out in a separate order form or written agreement before any charges apply.
6. Confidentiality
Each party will protect the other's confidential information and use it only to perform under these Terms.
7. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CUSTOMER REMAINS RESPONSIBLE FOR REVIEWING PAYROLL AND COMPLIANCE CALCULATIONS BEFORE USE.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW OR EITHER PARTY'S OBLIGATIONS UNDER THE BAA.
9. Indemnification
Customer will defend, indemnify, and hold harmless QSP Central from and against any claims, damages, and costs (including reasonable attorneys' fees) arising out of (a) Customer's data or its lack of rights or consents to provide it, (b) Customer's use of the Service in violation of these Terms or applicable law, or (c) Customer's regulatory or payroll obligations to third parties.
10. Term and termination
These Terms apply while Customer uses the Service. Either party may terminate as set out in the order form. Upon termination, access ceases and customer data is handled as described in the BAA and Privacy Policy. Sections that by their nature should survive (including 6–9 and 11) will survive termination.
11. Governing law
These Terms are governed by the laws of the State of North Dakota, without regard to its conflict-of-laws rules, and the parties consent to the exclusive jurisdiction of the state and federal courts located in North Dakota.
12. Changes
We may update these Terms; material changes will be posted here with an updated effective date, and continued use after changes take effect constitutes acceptance.
13. Contact
Questions about these Terms? Email qspcentral@gmail.com.