1. The parties and the subject matter
These terms apply to the mednexus.ro website and to the MedNexus service, online software (software as a service) for medical clinics and practices, provided by NEOXIS IT SRL, tax identification number (CUI) RO35291883, Trade Register number J2016001809034, share capital 10,000 RON, with its registered office at Str. C. A. Rosetti nr. 5, Pitești, jud. Argeș, 110040 (‘MedNexus’, ‘we’, ‘us’).
The service is intended exclusively for professionals: clinics, practices and other medical establishments, legal entities or licensed professionals (the ‘Client’). It is not intended for consumers. The relationship with each Client is supplemented by the services contract and the data processing agreement (Article 28 GDPR); where there is any difference, the signed contract takes precedence over these terms.
2. The website
The information on the website describes the service and the prices as at the date of publication. Screenshots and examples use fictitious data, except for the aggregate marketing figures (posts published, people reached), which are used with the consent of the clinic that uses the application. We make every effort to keep the information accurate and up to date, but it does not constitute a firm offer: the firm offer is the one set out in the contract or in the written quote sent to the Client.
The content of the website (text, graphics, the MedNexus mark) belongs to us and may not be copied for commercial purposes without our written consent. The fonts used are distributed under the SIL Open Font License.
3. The account and users
- The Client receives access to the application for the locations and modules it has subscribed to. Every account that logs in to the application (doctor, nurse, receptionist, accountant) is a user.
- The Client is responsible for the accounts it creates, for the permissions granted to each user and for keeping passwords confidential.
- The Client will notify us without delay if it suspects unauthorised use of an account.
4. Licence, modules and prices
- The licence is per location. Each location has its own modules, and the price is calculated per location, in accordance with the price list in force or the accepted quote.
- Users in excess of those included and storage in excess of the amount included are invoiced on the basis of the highest figure in the month.
- Prices exclude VAT. SMS messages, WhatsApp messages and the Meta ad budget are not included; the Client pays the providers for them directly.
- The free trial period is 30 days. With annual payment, 2 months are granted free of charge. Each module’s free months are those shown in the price list on the date of activation.
- We may change the prices with 30 days’ prior notice. A Client who does not accept the new prices may terminate the contract before they take effect.
5. Payment
Invoices are issued monthly or annually, in advance, through RO e-Factura (Romania’s national e-invoicing system), and are payable within 15 days of issue. If payment is late, the Client receives email notifications; after a 5-day grace period, the account switches to ‘read-only’ mode: the Client can log in, download its documents as PDF and send results to patients manually, but no changes can be made and automated tasks stop (except for backups) until payment is made.
6. Switching modules on and off
Modules are switched on and off for each location. The data of a module that has been switched off is not deleted and reappears when the module is reactivated. What specifically stops for each module is described on the module’s page and in the contract.
7. The clinic website
At the Client’s request, we build and manage the Client’s website, connected to the application (the ‘Clinic Website’), in the version and at the price set out in the price list or in the accepted quote.
- The Clinic Website may be contracted only together with the full version of the Online booking module, through which it receives the doctors, services and free appointment slots from the application.
- The domain of the Clinic Website belongs to the Client: it is registered in the Client’s name and paid for by the Client.
- Management covers hosting, the HTTPS certificate, backups, security updates, automatic synchronisation with the application, a monthly check, and text and image changes within the monthly hours included in the contracted version. New pages, articles and hours of work beyond those included are invoiced separately, in accordance with the price list.
- The Client is responsible for the accuracy of the information published on the Clinic Website at its request, including medical information, and for the rights to the text, images and logos it provides to us.
- When the service ends, the Client receives the content of the Clinic Website (text and images) and a static copy of it, without the connection to the application.
8. Our obligations
- To provide the service with professional care and to keep it up to date.
- To keep the data secure, on servers in the European Union, with backups made four times a day and checked weekly by means of a test restore.
- To give advance notice of planned maintenance that may interrupt the service.
- To ensure service availability of at least 99%, calculated for each calendar month. The following are excluded from the calculation: planned maintenance announced at least 48 hours in advance and carried out outside working hours; interruptions caused by the Client’s network or equipment or by third-party providers (for example WhatsApp, Meta, the partner laboratory or the SPV portal of ANAF, the Romanian tax authority); and cases of force majeure. If availability in a given month falls below 99%, the Client receives, on request, a 10% reduction in that month’s subscription, applied to the next invoice.
- To provide technical support Monday to Friday, 9:00–17:00, except on public holidays, by email at office@mednexus.ro and by phone on +40 736 132 484. We reply within 4 working hours of receiving the request.
9. The Client’s obligations
- To use the service lawfully, including with regard to the data of patients and employees, for which the Client is the controller.
- To have a legal basis for the data entered and to inform the data subjects.
- To check generated documents (invoices, contracts, medical documents) before using them. The application helps with completing them, but professional and medical responsibility remains with the Client.
- Not to attempt to circumvent the security measures or the limits of the licence.
10. The data
The data entered by the Client belongs to the Client. We process it as a processor, in accordance with the data processing agreement and the privacy policy. When the contract ends, the Client receives, on request, a complete, encrypted archive of its data in open formats (documents issued as PDF, uploaded files in their original format, data in Excel and CSV, e-Factura invoices in XML), within no more than 10 working days; the first archive is free of charge and is handed over even if there are unpaid invoices. The request may be made up to 30 days after termination; after this period, the data is permanently deleted, with written confirmation, except for data that the law requires us to keep. Backups are deleted as they expire, within no more than 7 months.
11. Liability
We are liable for direct damage caused through our fault, up to the amounts paid by the Client in the last 12 months. We are not liable for indirect damage (for example, loss of profit), for interruptions caused by third-party providers that we do not control (communications networks, ANAF, Meta, partner laboratories) or for force majeure. This limitation does not apply in cases of intent or gross negligence.
12. Term and termination
With monthly payment, the contract is concluded for an indefinite term and may be terminated by giving at least 30 days’ notice. With annual payment, the contract is concluded for 12 months and is automatically renewed for a further 12 months unless it is terminated at least 30 days before it expires. Either party may terminate the contract if the other party seriously breaches its obligations and does not remedy the situation within 15 days of being notified.
13. Governing law and disputes
These terms are governed by Romanian law. We try to resolve any disagreement amicably; failing that, disputes fall within the jurisdiction of the courts for the area of our registered office. Information on alternative dispute resolution: ANPC – SAL (the Romanian consumer protection authority’s alternative dispute resolution service).
14. Contact
For any questions about these terms: office@mednexus.ro.