Terms of Service
Last Updated: January 2025
Service Agreement
This Service Agreement ("Agreement") is entered into between the Client and ClearShift Ops LLC ("Provider") for the use of our automated shift confirmation service.
1. Services
Provider will deliver the following ongoing services to Client:
- Automated outbound SMS shift confirmations to Client's staff
- Automated YES/NO response handling via SMS
- Update and tracking of confirmation status within Client's shared spreadsheet/system
- Optional escalation message logic for non-responses
- Coordinator alerts only when staff declines or fails to respond
Explicit Scope Limitations
The Services do not include:
- Voice calling or voicemail
- Patient communication or handling of patient health information
- Accessing, storing, or processing PHI under HIPAA
- Full ATS/CRM replacements or integrations outside agreed workflow
- Recruiting, credentialing, or staffing labor services
2. Fees & Payment
- Monthly recurring fee: $1,000 USD, billed in advance
- Month-to-month term; no long-term commitment
- Payments are due within 15 days of invoice
- If Client signs within 7 days of proposal, Provider waives the standard setup fee
- Unpaid invoices more than 30 days past due may result in suspension of Services until payment is received
3. Term & Termination
- This Agreement is month-to-month and automatically renews
- Either party may terminate with 7 days written notice
- Client remains responsible for unpaid fees incurred prior to termination
4. Data & Confidentiality
- Provider will only process staff contact and scheduling availability information necessary to deliver the Services
- Provider will not access or store Protected Health Information ("PHI")
- Both parties agree to keep confidential all non-public business, operational, or staff information shared during the course of the Services
5. Limitation of Liability
To the maximum extent permitted by applicable law:
- Provider will not be liable for indirect, incidental, consequential, or punitive damages
- Provider's total aggregate liability under this Agreement shall not exceed the amounts paid by Client in the three (3) months preceding a claim
- Client acknowledges that shift confirmations and replies depend on third-party telecommunications providers and that Provider does not guarantee message delivery in all circumstances
6. Independent Contractor
Provider is an independent contractor and not an employee, partner, or agent of Client.
7. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law rules.
8. Entire Agreement
This Agreement constitutes the full understanding between Provider and Client and supersedes all prior discussions or proposals.
Contact Information
For questions regarding these Terms of Service, please contact us at info@clearshiftops.com