This Master Service Agreement ("MSA") is entered into by and between Formulation Compounding Center, LLC. ("Formulation Compounding Center") and the entity identified on the applicable electronic invoice as the purchaser of the Formulation Compounding Center Portal services, including its affiliates and subsidiaries (referred to collectively, as "Company"). It is considered effective upon completion of payment for the services.
FormuConnect (portal.formuconnect.com) offers access to a service-based online electronic prescription system that allows for electronic prescribing and other online tools and related services (also "Formulation Compounding Center Portal"), to assist individual physicians, their clinical staff, and their office staff (collectively, "End Users") to perform a variety of health care activities associated with electronic prescribing and electronic medication management.
I. Formulation Compounding Center Services. Formulation Compounding Center provides software applications, platforms, and services for electronic prescribing, medication management, and related products ("the Applications") for use by Authorized End Users.
II. Company Obligations. Company shall obtain consents or authorizations from patients to allow Company to use and disclose patient information and records through the Applications. Company shall ensure compliance with applicable laws and regulations.
III. Ownership. Subject only to the limited rights expressly granted to Company, Formulation Compounding Center has sole and exclusive rights to the Formulation Compounding Center Brand, the Application, and all related intellectual property.
IV. Confidentiality. Both parties agree that all Confidential Information is proprietary and shall remain the sole property of the disclosing party.
V. Compliance With Privacy Laws. The parties agree to comply with all applicable state and federal laws governing the protection of protected health information, including HIPAA and HITECH.
VI. LegitScript Certification. Formulation Compounding Center is a LegitScript-certified compounding pharmacy. LegitScript certification verifies that Formulation Compounding Center operates in compliance with applicable federal and state laws, maintains proper pharmacy licensure, and adheres to recognized standards of pharmacy practice. Formulation Compounding Center agrees to maintain its LegitScript certification in good standing for the duration of this Agreement.
VII. Data Security & HIPAA Compliance. Formulation Compounding Center employs industry-standard security measures to protect all protected health information ("PHI") processed through the FormuConnect platform. All PHI is encrypted at rest using AES-256-GCM encryption. All data transmitted between End Users and the platform is secured via TLS (Transport Layer Security). The platform maintains HIPAA-compliant audit logging, recording all access to and modifications of PHI for a minimum of six (6) years. Access to PHI is restricted to authorized personnel on a minimum-necessary basis, and all user sessions are protected by multi-factor authentication. Formulation Compounding Center conducts regular security assessments to ensure ongoing compliance with HIPAA Security Rule requirements.
XI. WARRANTIES AND DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Formulation Compounding Center DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED.
XII. LIMITATION OF LIABILITY. IN NO EVENT SHALL Formulation Compounding Center BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION.
XIV. Term and Termination. Either party may terminate the MSA if the other party has breached and failed to cure such breach within thirty (30) days of written notice. This MSA automatically renews annually unless notice is provided 60 days prior to renewal.
Notices to Formulation Compounding Center: 1511 Justin Rd, STE 106A, Lewisville, TX 75077 · info@formulationrx.com