SERVICES LEVEL AGREEMENT BETWEEN USER AND ENSOCURE
EnsoCure Healthcare and Research Pvt. Ltd. (in short, “Enso”) is a company registered under the Indian Companies Act, 2013 with its registered office in Bangalore. The Enso team consists of doctors, nurses and Allied Healthcare Workers and administrative staff who provide/support Enso in facilitating health care services.
Enso’s Clinic is located at 10, 2nd Cross, Green Leaf Layout, 80 Feet Rd, Koramangala 4th Block, Koramangala, Bengaluru, Karnataka 560034 enand in addition to in-person consultation, Enso offers medical services as detailed in this Service Level Agreement through any of the telecommunication devices including landline, mobile phone, Tablet, Desktop, Laptop or any other device (in short, “Device”) including through WhatsApp, SMS, and Enso’s Application (in short “App”) called Ensocure.
The Enso End Users License Agreement lists the key terms and conditions that you should be aware of if you choose to download and install the App on your Device and can be accessed at Enso’s website at www.ensocure.com.
This Service Level Agreement (“Agreement”) provides details of the nature and extent of services (defined below) that Enso provides to its User and shall be effective from the date on which the User downloads and installs the App or communicates with Enso either through the App, the Website, as the case maybe.
1. RECITALS. Ensocure Healthcare and Research Pvt. Ltd., is engaged in the business of advisory and consultancy services relating to health care services, hospitals, sanatorium, clinics, day care centres, health resorts, health spas and hospices.
1.1. “Acceptance” means acceptance by the User of the terms and conditions of this Agreement either by downloading and installation of the App or by communicating with Enso on email@example.com or 6362191675 or through in-person consultation for availing
1.2. “Agreement” refers to this Service Level Agreement and includes reference to Annexure(s).
1.3. “App” in relation to this Agreement refers to the App, “Ensocure” developed and owned by Enso and used for the purposes set forth in this Agreement and to facilitate access to Services as defined under Annexure to this Agreement, and any updates and supplements to it, including an application provided by Us.
1.4. “Business Hours” during a day is between 9.00 AM to 9.00 PM other than Saturday or Sunday or a public holiday.
1.5. “Law” refers to all Central and State Statutes, Guidelines, Notifications, Circulars, Orders and judge made law, amended from time to time.
1.6. ”Medical Practitioner” means a physician as defined under Section 2(f) of the Indian Medical Councils Act, 1956.
1.7. “Protected Information” under this Agreement and in relation to the Services refers to the information voluntarily provided by the User to Enso that is necessary and relevant to the discharge of responsibilities by Enso.
1.8. “Services” means the services provided by Enso as defined in the Annexure to this Agreement. For the avoidance of doubt, Enso shall not provide emergency health care services.
1.9. “Telemedicine” is the use of telecommunications technology to provide healthcare.
1.10. “Telemedicine Practice Regulations” refers to the binding Guidelines issued by the Board of Governors instituted by the Central Government for regulating medical education and the medical profession in India (in supersession of the Medical Council of India), in partnership with the NITI Aayog in March 2020. These guidelines are binding on medical practitioners practicing allopathic medicine.
1.11. “User” refers to the individual to whom health care services are provided by the Enso or a person providing care or to a person who represents herself as a parent/guardian of their child under 18 years old. Thus, reference to a User may includes reference to the extended family member of the User. In case the User is a minor,
2. APPOINTMENT AS THE HEALTH SERVICE PROVIDER
2.1. On the terms and subject to the conditions set forth herein, the User appoints Ensocure Healthcare and Research Pvt., Ltd.,/Enso as the health service provider to provide non-emergency medical consulting Services within India only for the Term. Enso hereby
accepts such an appointment when the User downloads and installs the App or communicates with Enso seeking medical consultation, advice or intervention.
2.2. The User acknowledges that the Services provided by Enso to the User under this Agreement shall be in combination of in-person consultation as well as remotely through the Ensocure App downloadable from the Google Play and _____], and other forms of communication as indicated in the Annexure to this Agreement.
2.3. The App shall be used as a primary mode of communication with the User. The App shall have a built-in Electronic Health record, educational content and easy communication and scheduling facility.
2.4. The Enso team providing Services comprises Dr. Vinay Rao Bharadwaj and other staff, including a Dietician, a Pharmacist and other doctors whose names and contact details are provided on the Enso website. You may ask Enso for details of Physicians and other
3. CONSULTATION CHARGES APPLICABLE TO EMPLOYEE
3.1. Enso’s applicable charges for health care services are available in the Annexure to this Agreement.
3.2. The User, upon downloading and installing the App or if the communication to Enso is through in-person consultation or through the Website, shall inform Enso of the nature of assistance sought from Enso, i.e., a one time consultation or subscription to Enso’s Services.
4. RESPONSIBILITIES OF THE SERVICE PROVIDER
4.1. Enso acknowledges and agrees that it shall follow professional and ethical standards as laid down by the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 (in short, “MCI Code”) as well as the Telemedicine Practice Regulations in their interaction with the Client.
4.3. Tele-consultation by Enso shall strictly follow the Telemedicine Practice Regulations and any other law applicable to provision of Services.
5. TERM OF THE AGREEMENT
5.1. This Agreement shall be valid for a period of one (1) year (“Term”) effective from the date on which the User downloads and installs the App or communicates with Enso in respect of any query that the User may have.
5.2. Upon completion of Term, Enso shall be under no obligation to provide Services to the User unless the User either explicitly or by implication seeks to continue to avail of the Services provided by Enso.
6.1. Notwithstanding any provision under this Agreement, either party may terminate this Agreement without cause upon 30 days’ prior written notice to the other.
6.2. The Parties agree that this Agreement shall automatically terminate upon the expiry of the Initial Term, unless it is extended as per Clause 5.2.
6.3. Either Party may also terminate this Agreement for cause if: 6.3.1. Either party breaches any material term or condition of this Agreement or the End User License Agreement or the Terms of
6.3.2. Enso becomes insolvent (i.e., becomes unable to pay its debts in the ordinary course of business as they come due) or makes an assignment for the benefit of creditors; or
6.3.3. The User may terminate this Agreement if Enso fails to provide Services in accordance with competency and standard of care;
7. EFFECTS OF TERMINATION
7.1. In the event of this Agreement being terminated prior to its Term, Enso shall provide all Services for the period of the remaining month, as applicable.
8. ENSO REPRESENTATIONS
8.1. Standard of Care: Enso represents that the Services will be performed and that its operations shall be conducted in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable State and Central laws.
9. GOVERNING LAW AND JURISDICTION
9.1. This Agreement shall be governed by the laws of the Republic of India. Any dispute arising in connection with or in respect of interpretation of the terms of this Agreement shall be subject to courts of competent jurisdiction in the city of Bangalore.
10.1. The User agrees to agree to the terms of this Agreement upon the satisfaction of either of the two conditions:
10.1.1. When the User downloads and installs the App on a Device.
10.1.2. When the User signs this Agreement physically and communicates his/her acceptance by email or snail mail to Enso at [add email] or [add address].
10.1.3. By accepting to be bound by this Agreement in any manner indicated in clause 10.1 above, the User agrees that this Agreement merges, supersedes and terminates all other prior commitments, arrangements, understandings, contemporaneous
representations, discussions, proposals, negotiations, conditions, communications and agreements, both oral and written, between the Parties relating to the subject matter hereof. The User also agrees that this Agreement collectively constitutes the final, complete, exclusive and entire agreement and understanding of the Parties with respect to the subject matter hereof.
10.2. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Parties.
10.3. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
10.4. The headings and captions used in this Agreement are for convenience only and are not to be considered in limiting, construing or interpreting the contents of any of the sections of this Agreement.
10.5. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy. The waiver by either party of a breach of or a default under any provision of this Agreement will not be effective unless in writing.
10.7. The User shall send a notice or communication in respect of this Agreement to Enso at [firstname.lastname@example.org] or [10, 2nd Cross, Green Leaf Layout, 80 Feet Rd, Koramangala 4th Block, Koramangala, Bengaluru, Karnataka 560034]. Enso shall send any notice or communication to the User at the email or postal provided by the User at the time of acceptance of this Agreement. The notice or communication shall be deemed to have reached the parties, in case of email.
10.8. A User may ask for a physical copy of this Agreement, which can be collected at the Clinic during working hours.
SERVICES PROVIDED BY ENSO
The following services are provided to the Client on a monthly subscription basis.
I. Family Subscription for 1 (one) month covers the following:
1. 1 (one) home visit from Nurse, for a general health checkup defined by Enso on every member of the family living at the address provided by the User. The nurse may also conduct/carry out specific tests (which may not have been seen as relevant at the time of the initial communication between Enso and User) but considered necessary after discussion with the User/Patient and the Doctor. Costs of such tests shall be borne by the User.
2. The assigned General Physician (GP) shall, either through App or in person at the Clinic or over the Telephone:
A. Review individual and family medical data.
B. Provide advise and suggestions in respect of current medical issues with each member of the family.
3. Unlimited scheduled online or physical visits to the clinic by the family for a 1 (one) hour Medical or Allied Health consultation. Procedures and testing during such a consult shall be chargeable. Enso shall, at its discretion, schedule User/Patient visits depending on professional requirements.
4. Enso shall provide 1 (one) home visit by the GP assigned to the family per quarter for health consultation with each family member living at the address provider by the User and shall be applicable to Users who have remained subscribers for at least 1 (one) quarter.
5. Phone calls and Telemedicine Sessions are required to be scheduled by way of an appointment, at least 2 days in advance.
6. Unlimited chats (through App) with Assigned GP, Nutritionist and Nurse. Chats are answered within 24 hours, not continuously or after business hours.
7. This is not an emergency service.
8. App Access: Full use of App for all family members at the same address.
9. Cost: Rs. 3500 per month (10% discount for 6 month subscriptions, 20% for yearly subscription.)
10. Requests for home visits other than those mentioned in this section are chargeable.
II. Individual Subscription for 1 (one) Month:
1. Same as family but for 1 individual.
2. Cost: Rs. 2500.00 per Month (with 10% discount for 6 month subscription, 20% for yearly subscription)
3. App Access: Full App Access for 1 individual.
III. App Only Subscription (1 Month)
1. A User who chooses to consult with Enso only through the App shall be charged for home visits or in-person consultation at 50% of the One Time Service charge (mentioned in Section IV below).
2. Enso shall not provide home visit consultation.
3. Chats are answered within 24 hours on priority.
a. Unlimited, scheduled, (not more than) 1 (one) hour Video Calls, with the Assigned GP or Dietician are available through the App. It is up to the assigned GP to accept or reschedule the call based on professional availability and considerations.
b. App Access: Full App Access for 1 (one) User/Individual. IV. One Time Services to Non-Subscribers
1. General Medical Clinic and Nursing services available at the clinic. Home visits can be requested.
2. Costs per individual with each consultation lasting not more than 60 minutes is as noted in the Table below.
3. Cost of consumables and medications dispensed during the visit are charged on an as needed basis, separately.
4. We offer a series of wellness products that are dispensed in Clinic or at the patients home (IV Hydration and infusion services, etc).
5. Physicians and Nurses have the right to prioritize the needs of subscribers against those of the non-subscribers.
6. A User in this Category shall have access to the following facilities through the App:
○ EHR, Health tracking and survey engagement at no cost. ○ Free chat with Physician, Nurse & Dietician. While Enso providers will try their best to answer chats in a timely manner for everyone, no guarantee is made to non subscribers that their chat will be answered at all.
○ Video Calls through the App with medical providers or allied providers are chargeable as one time services.