Plain English Terms and Conditions

The purpose of The Ortho Partners is to create a platform through which the treating practitioner will receive coaching and mentoring and their patient receive the best possible treatment outcomes. 

 

In order to achieve this it is important that the treating practitioner understands and agrees to a number of terms and conditions

1. The treating practitioner understands that they are solely responsible for the clinical outcomes of treatment for their patient. The Ortho Partners cannot be held in any way responsible for clinical outcomes. The Ortho Partners is not in a position to assess or influence the patient’s behaviour, or assess the actual individual clinical situation presented.

 

2. The treating practitioner understands that the decision to treat a patient is solely theirs and theirs alone. The Ortho Partners cannot determine whether a patient should or should not be treated.

 

3. The treating practitioner has advised the patient of all possible treatment alternatives (and the associated costs) available to them, including the option of no treatment; has informed the patient of the common risks associated with orthodontic treatment, as well as the clinical risks relevant to that particular patient. The patient has been informed of their obligations during treatment, as well as the need for appropriate retention.

 

4. The treating practitioner can chose to ignore the advice given to them by The Ortho Partners, and proceed on their own accord with their own plan. Payment to the Ortho Partners however is required when the treating practitioner submits a patient for advice and treatment planning, as determined by the treating practitioners’ level of support they have engaged with The Ortho Partners, and is due and payable regardless of whether treatment goes ahead with the patient.

 

5. Once the treating practitioner has purchased a case or case bundle it will be available until it is used. There is no time limit or requirement for the cases to be used.

 

6. Once a treating practitioner submits a case to The Ortho Partners a single case fee will be charged and the treating practitioner shall be responsible for this charge even if the selected patient does not proceed with treatment, or treatment is cancelled.

 

7. The Ortho Partners is not responsible for the final approval to order aligners, and once aligners are ordered by the treating practitioner then they are responsible for any fees incurred.

 

8. It is the treating practitioners’ responsibility to know how to use and understand any and all software supplied and required for the treating practitioner to undertake the successful treatment of a patient.

 

9. It is the treating practitioners’ responsibility to know how to undertake any of the clinical procedures required in treating a patient.

 

10. It is the treating practitioners’ responsibility to be aware of and understand all the terms and conditions set out by any third party they establish a relationship with. These relationships are totally independent of The Ortho Partners and The Ortho Partners cannot be held responsible for any third party relationship that the treating practitioner establishes.

 

11. The treating practitioner shall provide records of an adequate standard, which includes relevant photographs and radiographs of the patient they intend to treat, as well as an adequate impression or intra-oral scan. Should these records be of a standard that does not allow The Ortho Partners, in their opinion, to adequately evaluate the case and provide the an accurate plan, The Ortho Partners will request that the records be brought up to an adequate standard before proceeding further. If the records do not meet the required standard The Ortho Partners have the right to refuse to advise the treating practitioner.

 

12. Should the treating practitioner continually fail to provide adequate records The Ortho Partners have the right to refuse further collaboration with the treating practitioner, at their sole discretion, and will agree to repay the treating practitioner any remaining upfront case fees.

 

13. The relationship between the treating practitioner and The Ortho Partners is on a case by case basis. The treating practitioner has the right end their relationship with The Ortho Partners at any time with no financial penalties, with respect to their relationship with The Ortho Partners, providing any and all outstanding fees have been paid. Any residual un-used pre-paid case fees, shall remain with The Ortho Partners, and can be used at any time but will not be refunded.

 

14. The Ortho Partners cannot be responsible for any financial responsibilities the treating practitioner may have with any other company.

 

15. The Ortho Partners cannot be held responsible for any perceived effects the treating practitioner may believe has occurred in their practice because of the relationship with The Ortho Partners, positive or negative.

 

 

MEMBERSHIP AGREEMENT

 

This membership agreement is designed to commit The Ortho Partners to providing the advice and experience required to establish successful orthodontic treatment using the Invisalign® or other Clear Aligner appliances, by committing the practitioner to a minimum number of cases per year, allowing them to gain the experience in managing clear aligner patients, while we provide the best treatment plan for them.

 

In order for this to succeed the practitioner must agree to the following:

 

1. Commit to a minimum of 5 or 10 cases per year for the duration of the agreement.
• Unused cases will remain active for as long as the practitioner maintains a membership. In that case, once the membership is renewed the unused cases will roll-over to the next year cycle.
• Active cases will remain so until the patient’s treatment is complete.
• In case the Membership is not renewed, all unused cases credited due to the previous membership will cease to exist.

 

2. To be able to take advantage of the lab-fee discounts your Invisalign® billing accounts will need to be linked to The Ortho Partners billing account.

 

3. Which means that all lab-fees from Invisalign treatments will be billed by and paid to The Ortho Partners.

 

4. Should the subscription end, then any and all discounts and additional services provided by The Ortho Partners will cease and the practitioner will no longer by assigned to The Ortho Partners umbrella account. All Invisalign® and Angelalign fees and any other fees incurred will then be directed back to the practitioner.

 

5. Commit to undertaking treatment to the best of the practitioner’s ability, with fully informed patients, whose expectations can reasonably be expected to be achieved with diligence and effort.

 

6. Should the subscription end before the 12 months period all unused credits will cease to exist and all used membership credits will be charged as per normal one off rates.

 

7. Due to our agreement with Invisalign, only private Australian practitioners with Advantage Tier Level Bronze, Silver and Gold I, Gold II can be part of The Ortho Partners umbrella account and benefit from the extra 5% discount on their lab-fee. Practitioners with Advantage tier level above Gold II ( Platinum, Platinum Elite and above) and Invisalign Go Doctors will not be entitled to the Invisalign lab-fee discount member benefit.

 

8. All previous lab-fee debt should be paid before merging the doctor account to The Ortho Partners umbrella account in order to be eligible for the lab-fee discounts.

 

9. The extra 5% Invisalign lab-fee discount will not combine with any temporary promotional offers.

 

 

The Ortho Partners shall provide the following services:

 

1. Orientation and explanation of the website, where required, and assistance in the establishments of the treating clinician’s own private portal.

 

2. Ensure that all online records and correspondence remain private and confidential with The Ortho Partners and the treating practitioner. The online Platform shall comply with the HIPAA Act.

 

3. Keep all information supplied to them by a practitioner confidential, unless required to disclose such information by law.

 

4. Once a case is submitted The Ortho Partners shall commence treatment planning and present a treatment plan, with explanation, in a timely manner so not as to inconvenience the treating practitioner or the patient.

 

5. Agree to answer all ongoing communications in a timely manner.

 

6. The Ortho Partners cannot finally approve a case for the commencement of treatment on behalf of the treating practitioner. This must be done by the treating practitioner to ensure that they understand the treatment and treatment objectives.
   
   
7. Commit to providing treatment plans appropriate for the cases being considered for treatment.

 

8. Provide advice to assist the practitioner in achieving a successful treatment outcome.

 

9. Build an online resource for practitioners with active membership to refer to, covering the many aspects of managing the Invisalign® patient, from record taking, correct instructions for the use of the aligners, instructions for placing attachments, IPR as well as recognising when aligners are not tracking and why, etc.

 

10. Share in a remote monitoring service for patients to further improve their treatment outcomes, should the practitioner participate.

 

11. The Ortho Partners cannot finally approve a case for the commencement of treatment on behalf of the treating practitioner. This must be done by the treating practitioner to ensure that they understand the treatment and treatment objectives.

 

 

FEE  AND LAB-FEE PAYMENTS

 

1. Credit card transactions and direct debit will be processed securely and no card or bank details will be stored by The Ortho Partners.

 

2. Failure to Pay. Failure to pay any amount by its due date will constitute a material breach of the Agreement. The Ortho Partners will charge a late fee on amounts not paid to The Ortho Partners as provided in the Agreement at the lesser of the maximum amount chargeable by law or one and one-half percent (1.5%) per month commencing on the date payment was due. In addition, Customer agrees to pay all reasonable expenses incurred by The Ortho Partners in enforcing any collection of fees or other rights under the Agreement including, but not limited to, all expenses of any legal proceeding related thereto and legal fees. 

 

3. Credit Card Authorisation. Customer will provide credit card and/or bank details information to the secure payment gateway, and authorise The Ortho Partners to charge such credit card(s) (and any replacements or substitutes) and/or bank accounts for any and all fees and charges as they become due under the Agreement. Customer shall keep all credit card information up to date and shall ensure sufficient credit lines for all charges as they become due. Failure to keep the credit card information current or failure to maintain sufficient credit will result in the delay of delivery of The Ortho Partners services and will constitute Customer’s material breach of the Agreement. 

 

4. For the practitioners with active membership the lab-fee for Invisalign and SureSmile treatments will be billed by The Ortho Partners. The lab fee can be paid by bank transfer, direct debit (secure gateway) or by credit card (secure gateway).

 

 

LIMITATION OF LIABILITY

 

1. Limitation of Remedy. In no event will The Ortho Partners be liable for any special, indirect, incidental, speculative, punitive or consequential damages or loss of goodwill in any way relating to the Agreement or resulting from the use of or inability to use the The Ortho Partners services, including, without limitation, damages for loss of profits, data or use incurred by Customer or any third party, even if The Ortho Partners has been notified of the possibility of such damages. 

 

2. Professional Responsibility. Notwithstanding anything to the contrary contained in the Agreement, the Parties agree and understand that The Ortho Partners is merely providing the Software and The Ortho Partners services for use by Customer and that Customer is fully responsible for all professional obligations and decisions related to all patients, including, without limitation, the responsibility to obtain informed consent, diagnose the patient’s orthodontic needs and condition and to determine, prescribe and administer the appropriate treatments required for the patient using Customer’s professional judgment, skills and training. 

 

3. Allocation of Risk. Customer is a sophisticated purchaser and acknowledges and agrees that the allocation of risks in the Agreement are reflected in the amounts due from Customer and other charges provided under the Agreement, that The Ortho Partners cannot control the manner in which Customer uses the Software or The Ortho Partners services, and that the allocation of risks under the Agreement are reasonable and appropriate under the circumstances.

 

 

WARRANTY

 

OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT, The Ortho Partners DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT TO THE The Ortho Partners SOFTWARE, The Ortho Partners SERVICES, THE DOCUMENTATION, OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR OTHERWISE REGARDING THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. 

 

 

NONDISCLOSURE and CONFIDENTIALITY

 

1. Confidential Information Disclosure Limitations. Each Party may have access to Confidential Information of the other Party. The recipient of such Confidential Information agrees to hold such information in strictest confidence and not to disclose, or cause to be disclosed, the information to any third party or parties, with the exception of the receiving Party’s attorneys, accountants, agents and contractors who are bound by confidentiality obligations at least as protective as those contained in the Agreement, or utilise the Confidential Information for any purpose other than as expressly contemplated by the Agreement. A Party may disclose the other Party’s Confidential Information if required by the order of a court or administrative body, provided that it gives the other Party prompt notice of such requirement in order to allow such Party to contest the disclosure and/or obtain confidential treatment for such disclosure. Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of the Agreement. Each Party agrees that due to the unique nature of Confidential Information there may be no adequate remedy at law for breach of this paragraph and that such breach may cause irreparable harm to the other; therefore the non-breaching Party shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it may have at law or under the Agreement. 

 

2. Protected Health Information. The parties understand that in connection with the performance of the Agreement, The Ortho Partners and its employees may acquire from Customer and make use of information, which includes Protected Health Information. All capitalised terms used herein in this Section 6.2 but not defined in the Agreement shall have the meaning for that term as set forth in 45 C.F.R. (Code of Federal Regulations), Public Welfare, part 160 and part 164 (or its replacement) (“HIPAA”). 

 

3. The Ortho Partners and Customer agree that Protected Health Information disclosed to The Ortho Partners by Customer may be used or disclosed by The Ortho Partners as necessary to perform The Ortho Partners’ obligation pursuant to the Agreement and for the proper management and administration of The Ortho Partners. The Ortho Partners and Customer further agree that The Ortho Partners may de-identify the disclosed Protected Health Information for The Ortho Partners research and marketing purposes. 

 

4. The Ortho Partners agrees to: 

1. use or further disclose Protected Health Information only as permitted or required to perform its obligations under the Agreement or as otherwise Required by Law;
2. use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as allowed or provided for by the Agreement;
3. notify Customer of unauthorised use or disclosure of Protected Health Information or Electronic Protected Health Information that is known to The Ortho Partners and not permitted or required under the Agreement; 
4. require its agents and subcontractors, to whom The Ortho Partners provides Protected Health Information in performing its obligations under the Agreement to agree, to adhere to the same restrictions and conditions on the use and disclosure of Protected Health Information that apply to The Ortho Partners pursuant to the Agreement and to comply with the same standards and requirements as apply to The Ortho Partners with respect to Protected Health Information; 
5. make The Ortho Partners policies and procedures relating to use and disclosure of Protected Health Information available to the Secretary of the Department of Health and Human Services or his designee for purposes of determining Customer’s compliance with HIPAA, subject to attorney/client and other applicable legal privileges; 
6. at the written request of Customer, provide to Customer the necessary information, in The Ortho Partners’ possession, to respond to a request by an individual for an accounting of the disclosures of the individual’s Protected Health Information in accordance with 45 CFR 164.528; 
7. upon termination of the Agreement, if feasible, return to Customer or destroy, all Protected Health Information in The Ortho Partners’ possession; 
8. make available Protected Health Information in accordance with 45 C.F.R. 164.524; 
9. make available Protected Health Information for amendment and incorporate any amendments to Protected Health Information in accordance with 45 C.F.R. 164.526; 
10. implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Customer; 
11. report to Customer any Security Incident of which The Ortho Partners becomes aware; 
12. notify Customer of any Breach of Unsecured Protected Health Information within sixty (60) days of the discovery of such Breach; and 
13. comply with the requirements of Title XIII of the Health Information Technology for Economic and Clinical Health Act that are made applicable to business associates. 

 

5. Data Aggregation. Customer acknowledges that The Ortho Partners may aggregate and disclose data provided to The Ortho Partners through the use of the Software and The Ortho Partners services, and that such data aggregation will comply with the provisions of HIPAA. 

 

6. Australian Privacy Principles (APP): The Ortho Partners adheres to APP. 

 

 

INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial 

 

MISCELLANEOUS

 

1. Binding Effect. As of the Effective Date hereof, the Agreement will be binding upon and inure to the benefit of the Parties, their legal representatives, permitted transferees, successors, and assigns as permitted by the Agreement. The Agreement, to the extent signed and delivered by means of a facsimile machine, will be treated in all manner and respects, and will have the same binding effect, as an original document.
2. Assignment. The Agreement and any rights and obligations may not be sold, leased, assigned or otherwise transferred in whole or in part by Customer without the prior written consent of The Ortho Partners.
3. No Waiver. No delay or failure in exercising any right under the Agreement and no partial or single exercise of such right will be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of the Agreement will constitute consent to any prior or subsequent breach.
4. Dispute Resolution and Arbitration. This Agreement is subject to the laws of New South Wales Australian. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. 

 

5. Governing Law. The Agreement will be governed by, and construed in accordance with, the laws of the State of New South Wales without regard to conflicts of law principles. 

 

6. Amendments. All modifications or amendments to the Agreement will not be effective unless made in writing and signed by authorised representatives of the Parties. If any provision hereof is held to be invalid or unenforceable, the remaining provisions will remain in full force. 

 

7. Notice. Any notice required or permitted to be given hereunder shall, except where specifically provided otherwise, be given in one of the following ways: (i) for notices to Customer, by e-mail to the e-mail address specified herein, or (ii) for notices to either Party in writing by personal delivery, certified mail, or overnight delivery to the address set forth herein for such Party. The date upon which any given notice is received shall be deemed to be the date of such notice, irrespective of the date appearing thereon. A Party’s e-mail or physical address for receipt of notice hereunder may be changed at any time upon notice to the other Party. 

 

8. Entire Agreement. The Agreement and any exhibits attached hereto constitute the entire Agreement between the Parties and supersede all prior or contemporaneous Agreements, representations and proposals, written or oral. 

 

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

The Ortho Partners
ABN 89 622 782 441

E-mail: admin@theorthopartners.com 

Webpage support: https://www.theorthopartners.com/support