Self-Pay Program Terms and Conditions

        You further agree as follows, which are deemed fully incorporated into the Terms and Conditions as if a part thereof:

  1. Language.The references to “end-user participant” herein, as then applicable, means patient users, their employers, self-funded health benefit plans/programs, unions, discount medical plan organizations and other third parties which contract with us to seek services/testing for and on behalf of themselves and their employees/clients/members/owners (and otherwise) from our online network of subscriber radiology and clinical laboratory providers (including you) willing to accept payment on a self-pay basis. References to “including” mean “including, without limitation” unless otherwise expressly stated. The headings used herein are for convenience of reference only and do not define or limit the interpretation of any provisions hereof.  “App” means our website and mobile app.
  2. How it Works.
    • Once the end-user participant books a service, our technology generates a price-lock in agreement which you agree to automatically as part of your participation.
    • Payments from end-user participants are in two (2) parts: (i) your price for your booked service (Service Charge), and (ii) our fee to the end-user participant for their use of our website/app (Convenience Fee). YOU ARE ONLY ENTITLED TO YOUR SERVICE CHARGE IF AND AT SUCH TIME THAT YOU UPLOAD THE TEST RESULTS/IMAGE ON LABFINDER.
    • A price lock-in agreement (under such title for the agreement we then use; i.e., it is essentially a single case agreement) will be generated between you and the end-user participant at the time the service is booked. We will be a party to (or third party beneficiary of) such agreement for purposes of enforcing our rights.
    • The default set Service Charge fees for self-pay you agree to accept as payment in full are set forth under “Exam Services” on your dashboard. Such amounts constitute the default pricing you agree to accept as your Service Charge. However, you are able to change the amount you are willing to accept as your Service Charge.
    • If the service is billed in several parts or from different sources, the total Service Charge will nevertheless add up to the agreed upon fixed Service Charge. You will hold the end-user participant harmless from and against any attempt (successful or otherwise) by a third party source to collect any excess amounts resulting in additional payment obligations by the end-user participant beyond the total Service Charge accepted by you (Note: This does not apply to amounts owed LabFinder by the end-user participant).
    • There will be no hidden fees or surprise charges from you beyond such Service Charge payment entitlement. The first (1st) copy of the imaging/test is included in and deemed a part of the Service Charge you accept from the end-user participant. You may charge the patient additional copying charges in excess of the first copy, consistent with applicable law and regulation. You must transmit the result to the end-user participant using the technology we provide as a condition of payment.
    • The Service Charge accepted by you further includes a professional interpretation (read) for each rendered service. As such, you are solely responsible for ensuring a read is conducted by a qualified provider and are solely responsible to the reading provider for any payment they require for such service.
    • You further cannot charge the end-user participant you accepted a booking from a higher rate for the same requested service by booking them outside of our self-pay program.
    • Notwithstanding the foregoing, the manner of determining fees due to us by end-user participants and to you for this self-pay program, respectively, are at all times subject to change by us for services not yet booked. However, we may modify fee structures owed to you by end-user participants for subsequent bookings only upon 30 days’ advance written notice to you (by posting same in your account or other such messaging to you through the App, or otherwise by e-mail to you), in which event you can terminate your participation in the self-pay program itself upon one hundred twenty (120) days’ notice (and during the pendency of same your fee structure will remain the same while the notice period runs) through portal mechanisms we provide or by e-mailing us at salesteam@labfinder.com without incurring any additional charges; provided, however, that any continued use of the App for acceptance of bookings at a fixed self-pay price after the notice period runs will thereafter constitute your acceptance of such new fee structure (and cancellation and refund policy) and further authorize us to apply payments to, charge and collect from your account (including through the online merchant services we arrange for with you including any associated credit card and bank account linked thereto). You will honor all outstanding self-pay bookings you accept through our App even if you terminate your participation in the self-pay program.
    • Please note that your Service Charge may further be subject to an expiration date prior to which the service must be rendered, which will be reflected in the price lock-in agreement.
    • BECAUSE YOU ARE LOCKING IN A PRE PAY PRICE RATE FOR THE SERVICE, YOU REPRESENT, WARRANT AND COVENANT THAT YOU WILL NOT SUBMIT ANY BILLS OR CLAIMS FOR PAYMENT OR REIMBURSEMENT TO ANY PRIVATE OR GOVERNMENTAL PAYOR OR CARRIER FOR THE SERVICE RENDERED THROUGH THE USE OF OUR APP.
    • Please further note, however, that such Service Charge you charge to and accept from end-user participants using the App will be offset (i.e., reduced) by any interest, offsets, fees or charges you pay to any credit card merchant, company or vendor we use to engage in the processing of payment for transactions herein. You cannot additionally charge the end-user participant to make up for such offset. LabFinder disclaims all liability with regards to any fees or problems you have with third-party payment processors including, without limitation, online merchant services. You agree to accept and comply with all terms and conditions required by such third party online merchant vendor.
    • You acknowledge and agree that you are solely responsible for ensuring payment of all applicable sales and other taxes to governmental authorities and are not entitled to charge or collect any additional amounts from us or end-user participants on top of the stated rates herein.
  3. Cancellation and Refund Policy.
    • There are currently no refunds available to the end-user participant of our Convenience Fee. You are solely responsible for settling any refunds of your Service Charge.
    • Cancellation and refund policies are at all times subject to change by us prior to a booking in the same manner as pricing changes above (i.e., same prior notice and self-pay program cancellation rights, etc.).
    • If you accept and cancel bookings on an excessive basis as we determine in our sole discretion without regard to our treatment of other subscribers, then we reserve the right to immediately terminate your participation in the self-pay program.
  4. Non-Circumvention. Any testing/services requested by or on behalf of end-user participants using our App shall be scheduled via us on our App only, and paid only via our App using the credit card merchant services we select and arrange for. You are responsible for any credit card transaction or merchant processing fees associated with payment for your services (i.e., currently 2.9% through Stripe, and any successor fees as applicable). You will not cancel a booking and then re-establish the private pay agreement with the end-user/consumer outside of our App program. All test results booked through our program must be transmitted through our App to ordering practitioners and consumers, using secure encrypted mechanisms we provide.
  5. Acknowledgements and Disclaimers.
    • We are an online directory service and technology platform. We will not be performing any claims adjustment services, auditing the performance or quality of services or the appropriateness or correctness of any charges. We will not be handling any disputes with any end-user participants, whether regarding payment or otherwise. You are solely responsible for resolution of any disputes including those relating to the provision of testing, care and refunds as applicable, and you will cause us to be able to issue refunds and reimbursements owed by you hereunder using the associated merchant account we link to your bank or other source of funds. Accordingly, you will indemnify, defend and hold us harmless from and against any claims, actions, and liabilities associated with your provision of testing, services and payment refunds and disputes, including for costs and reasonable attorneys’ fees incurred. You will notify us in the event of any complaint, allegation, action or dispute with any end-user participant, along with a detailed description and copy thereof (including any material correspondence or filed actions).
    • You hereby expressly acknowledge and agree that we are: (i) a technology development and website company; (ii) not an insurance company, benefit plan or third party administrator and are not determining any end-user participant’s eligibility to receive benefits under any third party payor program or plan; and (iii) for purposes of the Employee Retirement Income Security Act of 1974 (“ERISA”) or any equivalent or similar other state or federal laws/regulations that may be applicable, we shall not be deemed the “administrator” or “named fiduciary” of any benefit program or plan. You hereby waive (and shall have no cause of action, at law or in equity, against us) and release us, our owners, employees, agents, members, managers, officers, directors, affiliates, parents, subsidiaries and successors from any claims, demands, obligations, liabilities, and causes of action of every nature whatsoever, relating to, arising out of, or resulting from the enforcement of and compliance with ERISA and such other like laws and regulations, as well as resulting from any failure to comply with private insurance carrier, Medicare or other federal or state healthcare benefit program private contracting or opt-out requirements by you. We do not warrant that our agreements we generate using the App or with patients comply with governmental benefit program or private insurance carrier opt-out or private contracting requirements.
    • It is expressly acknowledged and agreed that we do not exercise any control with respect to any end-user participant’s assets, policies, practices, procedures or payment of amounts owed to you by them
  6. Limitation of Liability. WE ARE NEVER LIABLE TO YOU FOR ANY INTEREST, OFFSETS, FEES OR CHARGES YOU PAY TO ANY CREDIT CARD MERCHANT, COMPANY OR VENDOR WE USE TO ENGAGE IN THE PROCESSING OF PAYMENT FOR TRANSACTIONS HEREIN. WE ARE NEVER LIABLE FOR ANY DISPUTES OR CANCELLED PAYMENTS INSTITUTED AGAINST YOU BY END USERS. YOU WILL LOOK SOLELY TO SUCH END USERS AND THEIR CREDIT CARD COMPANY TO RESOLVE ANY SUCH DISPUTES. LABFINDER HAS NO RESPONSIBILITY WHATSOEVER FOR ANY CLAIMS AGAINST OR ADVERSE EFFECT ON YOU OR YOUR PROFESSIONALS UNDER THIS SELF-PAY ARRANGEMENT. This Section 6 shall survive termination of this Agreement.