Terms of Service and Client Services Agreement of Envisage Companies, LLC, owner and operator of the VISN software platform
Welcome to Envisage Companies, LLC, owner and operator of the VISN software platform. These Terms of Service and Client Services Agreement govern your access to and use of the Envisage Companies, LLC, owner and operator of the VISN software platform portal, website, upload tools, communication tools and related services.
Envisage Companies, LLC, owner and operator of the VISN software platform is the provider of these services. By registering for, accessing or using Envisage Companies, LLC, owner and operator of the VISN software platform services, you agree to these Terms.
1. Scope of Services
Envisage Companies, LLC, owner and operator of the VISN software platform provides outsourced legal-support services for law firms and authorized legal-service clients, including demand letter preparation support, medical record organization, medical chronology support, case file review, billing summary support and related pre-suit document support services, as agreed in writing or requested by the client.
Envisage Companies, LLC, owner and operator of the VISN software platform is a legal-support service. Envisage Companies, LLC, owner and operator of the VISN software platform does not provide legal advice, legal representation, attorney-client services, medical advice, insurance advice, claim valuation or case strategy.
All deliverables are drafts or support materials prepared for review by the supervising attorney, law firm or authorized client. The supervising attorney or responsible legal professional remains solely responsible for reviewing, approving, editing, signing, submitting or relying on any deliverable.
2. Eligibility and Client Responsibilities
Access to Envisage Companies, LLC, owner and operator of the VISN software platform is limited to authorized clients, law firms, attorneys, paralegals, legal staff and approved representatives.
The client is responsible for ensuring that all uploaded materials are accurate, complete, lawfully obtained and authorized for submission to Envisage Companies, LLC, owner and operator of the VISN software platform.
The client is responsible for reviewing all deliverables before use, submission, transmission or reliance.
3. Fees and Payment Terms
Fees are established by separate written agreement, invoice, order form or service request. Invoices are due as stated on the invoice or written agreement.
Envisage Companies, LLC, owner and operator of the VISN software platform may suspend services or portal access for unpaid balances after reasonable notice, unless otherwise prohibited by law or written agreement.
Fees are not refundable unless expressly stated in writing.
4. Turnaround and Deliverables
Envisage Companies, LLC, owner and operator of the VISN software platform may provide estimated turnaround times based on the type of service requested, volume of records, complexity of materials, completeness of submissions and current workload.
Turnaround times are estimates only and are not guaranteed unless expressly agreed in writing.
Envisage Companies, LLC, owner and operator of the VISN software platform is not responsible for delays caused by incomplete, inaccurate, illegible, late or missing materials; client delay; third-party systems; technology issues; force majeure events; or circumstances beyond Envisage Companies, LLC, owner and operator of the VISN software platform’s reasonable control.
5. Client Content and Uploaded Materials
The client retains ownership of client matter files, uploaded documents, medical records, claim materials, communications and other materials submitted to Envisage Companies, LLC, owner and operator of the VISN software platform.
The client grants Envisage Companies, LLC, owner and operator of the VISN software platform a limited right to access, review, process, organize, summarize, draft from, store and transmit client materials as reasonably necessary to provide requested services, maintain business records, provide support, comply with legal obligations and enforce these Terms.
6. Confidentiality
Envisage Companies, LLC, owner and operator of the VISN software platform will use reasonable measures to protect confidential information submitted by the client. Envisage Companies, LLC, owner and operator of the VISN software platform will not intentionally disclose confidential client matter information except as necessary to provide services, comply with law, use approved service providers, protect rights or enforce agreements.
7. HIPAA and Business Associate Terms
To the extent Envisage Companies, LLC, owner and operator of the VISN software platform receives, stores, transmits or processes protected health information on behalf of a covered entity or business associate, Envisage Companies, LLC, owner and operator of the VISN software platform will comply with the applicable Business Associate Agreement or written data protection agreement between the parties.
Envisage Companies, LLC, owner and operator of the VISN software platform maintains a signed Business Associate Agreement with Backblaze for protected health information handled through the cloud storage environment used for file storage.
The client, covered entity or subscribing organization is responsible for determining whether protected health information may be lawfully uploaded, transmitted, stored, accessed or disclosed to Envisage Companies, LLC, owner and operator of the VISN software platform The client is responsible for obtaining any required patient authorizations, client authorizations, notices, consents, agreements or permissions before uploading protected health information.
The client is responsible for managing its authorized users, assigning appropriate permissions, removing users who should no longer have access, reviewing account activity and ensuring that its workforce members and invited users use the portal in compliance with HIPAA, HITECH, applicable state privacy laws, professional obligations, client confidentiality obligations and internal policies.
Envisage Companies, LLC, owner and operator of the VISN software platform is responsible for using reasonable administrative, technical and physical safeguards for protected health information that Envisage Companies, LLC, owner and operator of the VISN software platform creates, receives, maintains or transmits on behalf of the client through the portal, as required by applicable law and the applicable Business Associate Agreement.
8. Security Incident and Breach Notice
If Envisage Companies, LLC, owner and operator of the VISN software platform becomes aware of a security incident involving protected health information or personal information maintained through the portal, Envisage Companies, LLC, owner and operator of the VISN software platform will investigate and take reasonable steps to mitigate harm.
If notice is required under HIPAA, HITECH, Florida law or another applicable law, Envisage Companies, LLC, owner and operator of the VISN software platform will provide notice to the affected client or covered entity as required by applicable law and the applicable Business Associate Agreement.
Where Envisage Companies, LLC, owner and operator of the VISN software platform acts as a third-party service provider or business associate, Envisage Companies, LLC, owner and operator of the VISN software platform will notify the client or covered entity of a reportable breach as expeditiously as practicable and within the time required by applicable law or contract so that the client or covered entity can satisfy any required individual, regulatory or governmental notices. Florida law requires a third-party agent to notify the covered entity no later than 10 days after determining or having reason to believe a breach occurred. Florida law requires covered entities to notify the Florida Department of Legal Affairs when a breach affects 500 or more Florida residents, generally no later than 30 days after determining or having reason to believe a breach occurred.
9. No Legal Advice
Envisage Companies, LLC, owner and operator of the VISN software platform does not provide legal advice, legal representation or attorney-client services. No communication with Envisage Companies, LLC, owner and operator of the VISN software platform creates an attorney-client relationship.
The client remains solely responsible for legal judgment, case strategy, valuation, legal accuracy, compliance, deadlines, settlement decisions and final use of any deliverable.
10. Intellectual Property
Envisage Companies, LLC, owner and operator of the VISN software platform’s templates, processes, workflows, formatting systems, internal tools, service methods, proprietary materials, branding and business materials remain the property of Envisage Companies, LLC or Envisage Companies, LLC, owner and operator of the VISN software platform, as applicable.
Unless otherwise agreed in writing, completed deliverables prepared for a specific client matter may be used by the client for that matter.
11. Limitation of Liability
To the fullest extent permitted by law, Envisage Companies, LLC, owner and operator of the VISN software platform will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost revenue, lost settlement value, business interruption, missed deadlines, adverse case outcomes or damages arising from client misuse, failure to review deliverables, incomplete submissions or reliance on draft materials without attorney review.
Envisage Companies, LLC, owner and operator of the VISN software platform’s aggregate liability for any claim arising from services is limited to the fees paid for the specific service giving rise to the claim during the three months preceding the event giving rise to the claim, unless a different limitation is required by law or agreed in writing.
12. Termination
Either party may terminate services or portal access according to the applicable written agreement, invoice, order form or service arrangement.
Envisage Companies, LLC, owner and operator of the VISN software platform may suspend or terminate access for nonpayment, misuse, unauthorized access, violation of these Terms, unlawful activity, security risk or conduct that may harm Envisage Companies, LLC, owner and operator of the VISN software platform, its clients, vendors or systems.
13. Governing Law and Venue
These Terms are governed by the laws of the State of Florida. Any dispute arising from or relating to these Terms, services, portal access or account activity shall be brought in Broward County, Florida, unless a different forum is required by applicable law or agreed in writing.
14. Contact
Envisage Companies, LLC
Envisage Companies, LLC, owner and operator of the VISN software platform
Fort Lauderdale, Florida 33334
Email: info@visnsuite.com
Phone: (954) 408-4253