Petly Plans Terms
Welcome to the IDEXX family of leading animal health products, services, and software. You are joining veterinarians throughout North America in accessing leading innovations to help keep pets safe and healthy. Below are our detailed terms and conditions that apply to your subscription to IDEXX Petly Plans service (the “service”), purchased by you (“customer,” “you,” or “your”) from IDEXX Distribution, Inc. (“we,” “our,” or “IDEXX”). If you do not agree to these terms, you are not allowed to use IDEXX Petly Plans.
2. Practice Rights and Obligations
A. Except as otherwise provided herein, you have the right to customize the individual Petly Plans you offer with regard to name selection for the individual plan type, included services, added products and services, fees associated with the plans, and form of payment accepted.
In accordance with section 3 of these terms,
(i) You shall create, manage, and collect payment for all individual Petly Plans in the software provided with the service (the "Application").
(ii) You must collect all initial subscriber fees and monthly payments.
(iii) You may accept credit cards, debit cards, ACH drafts from bank accounts, including credit unions, and cash as payment. Credit plans, such as CareCredit, shall not be accepted. For payments other than cash, you must collect payments through the secure payment gateway provided in the Application. For cash payments, you may manually mark the plan as paid external to the Application.
C. Petly Plans Healthcare Agreement
(i) A Petly Plans Healthcare Agreement is created for every Petly Plan by the Application at the time the plan is set up, and shall be entered into between you and your client pet owners (the “Subscribers”). The Petly Plans Healthcare Agreement is hereinafter referred to as the “Subscriber Agreement”. The Subscriber Agreement in no way creates any privity of contract between IDEXX and the Subscribers.
(ii) The Subscriber Agreement is not pet health insurance.
(iii) The “Plan Period” of every Subscriber Agreement is initially one year, and will automatically renew for additional one-year periods unless either party provides at least 30 days notice prior to such renewal of its intent not to renew.
(iv) You shall honor each Subscriber Agreement for the term of such agreement, provided Subscriber meets its obligations under the Subscriber Agreement.
(v) You shall not make changes to the Subscriber Agreement, either its terms or services provided, during the Plan Period without written agreement from the Subscriber.
(vi) You may modify the fees and services associated with the Subscriber Agreement at each renewal date, provided that you give Subscribers a minimum of 60 days notice prior to the renewal date of such modifications.
(vii) You shall keep original signed Subscriber Agreements for the Plan Period, and, upon request by the Payment Gateway Administrator (as determined by IDEXX), you must be able to provide the signed copies of the Subscriber Agreements to the Payment Gateway Administrator for at least two (2) years after creation of the specific Subscriber Agreement. This documentation should be kept and maintained in a locked secure location.
D. Enrollment of Subscribers in the Petly Plan shall be performed by you in your place of business. Online or internet enrollment, or enrollment at sites away from your place of business shall not be permitted. Subscribers may complete a pre-enrollment form and submit it to you, but you must complete the enrollment process at your place of business. You shall input all payment information into the system at your place of business.
E. You shall inform Subscribers that their relationship is solely with you and that IDEXX’s contract and privity is solely with you. The parties understand and agree that your Subscribers are not clients of IDEXX.
F. You shall be solely responsible for mediating any problems or disputes between you and your Subscribers and in no way is IDEXX involved in this process of mediation or resolution between Subscribers and you.
G. You accept that certain terms of the Subscriber Agreement are hardcoded into the Subscriber Agreement and shall not be changed, altered, deleted, removed, or amended by you for any reason. In the event that IDEXX makes changes to the hardcoded terms of the Subscriber Agreement, IDEXX will provide advance notice of such changes to you. It is your responsibility to understand the terms of the Subscriber Agreement between you and Subscriber. If you do not agree with those terms of the Subscriber Agreement that are hardcoded, you should not participate in the Service with IDEXX.
H. You acknowledge that subsequent to termination of your subscription to this service (i) you have a continued responsibility to your Subscribers under the individual Subscriber Agreements, and (ii) you shall remit any outstanding fees or payments to IDEXX that accrued prior to the date of termination.
3. Practice Compensation and Processing
A. There are three services required to process client payments through Petly Plans: Authorize.Net, eCheck.Net and Platinum Payments. IDEXX has negotiated rates with these merchant providers that you may use or you may negotiate with these vendors directly. You acknowledge and understand that IDEXX does not handle payment processing, but instead establishes and provides access to the secure payment gateway. The payments are processed through your payment gateway as previously described and deposited directly into your Merchant Account. The fees associated with the payment gateway and merchant service processing are your responsibility.
B. Any initial subscriber fees (which you may set at your discretion) and the first month’s payment charged to Subscriber will be available to you on the day the Subscriber Agreement is created and the money is deposited into your Merchant Account. Initial subscriber fees and initial monthly payments will be processed by you through the payment gateway on the day the Subscriber Agreement is completed.
C. All monthly payments after the initial subscriber fee (if applicable) and the initial monthly payment shall be processed on or about the 20th day of each month and deposited directly into the same account.
D. You may charge Subscribers a fee for Subscribers’ use of the payment gateway and you have discretion to establish the amount of that fee.
E. You acknowledge and understand that IDEXX is not responsible for the collection of any declined payments. You should follow your established protocol for collection.
F. You may assess fees on uncollected payments. The fees should be collected in your place of business as outlined in Subscriber Agreement. Any and all State and federal laws regarding fees and collections should be followed, and in no way should any action or statement by IDEXX be construed by you as legal advice or acceptance of your fee and collections practices.
4. Technical Requirements
If you do not meet one or more of the technical expectations listed below, the performance of the service will likely be affected and the service may not perform optimally. In addition to the liability limitations described in the One IDEXX Master Terms, you agree that IDEXX shall bear no liability to you for any damages arising out of or related to the use of the service during any period in which one or more of these technical expectations are not met.
- Petly Plans secure network connection
- Installation of the Application
- A Microsoft-supported Windows Server
- Static IP address prior to installation
- High-speed broadband internet (minimum requirement: 24Mbps download/7Mbps upload)
- Router with port-forwarding configuration
- Secure web-based portal login for service management
- Dedicated Authorize.Net, eCheck.Net and Platinum Payments accounts