Patient Payments Services

General:

“Payee” means any person, legal guardian or entity receiving payments via the Patient Payments Subscription Services. 

“Payout” shall mean a set value made available to a specific recipient in a designated redemption format.

Money Transmitter Services:

  • Client agrees that it will provide funds to a bank account owned by a licensed money transmitter (“Money Transmitter”) for transmission to Payees pursuant to Client’s instructions. Medidata’s role is limited to providing the technology platform through which Client provides such instructions (i.e. the Patient Payments Subscription Service). By signing this Sales Order, Client hereby instructs Medidata to provide the Money Transmitter with Client Data necessary for transmission of Payouts according to Client’s instructions. 
  • Money Transmitters are engaged by Medidata as subcontractors and Medidata is responsible for its subcontractors as set forth in the Agreement. 
  • Client acknowledges that in order to satisfy applicable anti-money laundering (AML), “Know Your Customer” (KYC), and other financial regulatory requirements, the Money Transmitter may require specific information, documentation, and identity verification directly from the Client. Client agrees to provide such information promptly upon request directly to the Money Transmitter.  The provision of such information to the Money Transmitter is for compliance purposes only; Client is not required to enter into a separate commercial contract with the Money Transmitter. 
  • Upon the expiration of this Sales Order, any remaining Client funds held by the Money Transmitter that have not been applied toward a Payout shall be returned to the Client by the Money Transmitter. 

Money Transmitter Fees:

In addition to the fees set forth in the Sales Order, the selected Money Transmitter will charge the Client a per-payment transaction fee (the “Transmitter Fee”) for each Payout. The Transmitter Fee is charged directly by the Money Transmitter to the Client and is not collected, processed, or rebilled by Medidata. 

Money Transmitter Terms and Conditions:

  • Following the execution of this Sales Order, Client shall select one or more authorized Money Transmitter(s) from Medidata’s current list of pre-approved Money Transmitters. The selection of a Money Transmitter shall incorporate the applicable terms and conditions listed below into this Sales Order. 
  • Terms applicable to use of Payoneer as a Money Transmitter: 
    • Client is solely responsible for determination of whether any payments made via the Subscription Services are subject to any Taxes, including withholding Tax, and taking any legally required action with respect to such Taxes. If the Money Transmitter or Client determines that additional taxes are owed or withholdings are required, Client will be responsible for payment of those additional taxes.
    • Client acknowledges and agrees that all Payees are subject to prior approval by the Money Transmitter. The Money Transmitter may deny or limit access  to a Payee or suspend the Client account in the case of suspected fraud or noncompliance with applicable laws. Medidata will provide Client with written notice in the event that the Money Transmitter rejects or requires more information about the Payee. 
    • Client represents and warrants that it will not use the Subscription Services in connection with any of the following activities: business activities based on illegal activities, illegal prescription drug sales, illegal tobacco product sales, business activities based on copyright infringement, marijuana dispensaries, money transmitters or money service businesses, online or other non-face-to-face pharmacies or pharmacy referral services,  telemarketing, weapons and munitions, terroristic or other illegal organizations, any product or service that intentionally or knowingly infringes upon the copyright, trademark or trade secrets of any third party or any product, donation payments in connection with payments to non-profit organizations, payments in connection with dietary or weight loss products, tobacco or e-cigarette sales, any activities related to schedule 1 narcotics or payments to OFAC sanctioned countries.
  • Terms applicable to use of Tremendous as Money Transmitted
    • Client acknowledges and agrees that regardless of the redemption option (gift card, prepaid card, links for electronic transfer (i.e., PayPal, Venmo): (a) Payouts expire five (5) years from the date such Payout is distributed to the Payee and (b) unredeemed Payouts, may be subject to a monthly fee if not redeemed within three (3) months of the creation thereof. 
    • Client acknowledges and agrees that all right, title and ownership of a Payout pass to the Payee once such Payout is sent to the Payee. Medidata disclaims all liability for any loss of physical Payouts due to carrier issues, theft, or similar reason, provided that such loss is not due to Medidata’s gross negligence or willful misconduct. 

Client Acknowledgements: 

  • Client acknowledges that information regarding Client payments may be processed by a third party tax advisory firm, acting as an independent controller. Client is responsible for any required notice to patients regarding processing by this independent controller.
  • Client acknowledges that Medidata follows Client’s payment Payout instructions. Therefore, Client is solely responsible for: 
    • Its Payout instructions, including but not limited to determination of which Payees should be paid and the amounts paid to each Payee; 
    • Providing Payee’s first and last name, address and taxpayer identification number; and
    • Authenticating Payee identity and confirming Payees authorization to receive payment. 
  • The Subscription Services are not a substitute for the advice of an attorney or tax advisor and do not include any legal, regulatory, accounting or tax advice and Client will rely solely upon its own advisors with respect to any such advice and shall be solely responsible for all laws, rules and regulations applicable to payments to Payees. 
  • Medidata may terminate this Sales Order at any time, with no penalty to Medidata, by written notice to Client in the event that the Subscription Services are being used for fraudulent or criminal activities or not in accordance with any applicable law or regulation.
  • Client shall indemnify and defend Medidata from and against any and all damages incurred by Medidata relating to a third party’s (including a Payee’s) claim or suit in connection with Payouts made pursuant to Client’s instructions under this Sales Order.