- Introduction
These Terms of Service (the “Agreement”) are a legally binding agreement between you (“Customer”) and Yei Dental (“Company”) governing your access to and use of Yei Dental’s website and services, including marketing, lead generation, revenue cycle management, patient support operations, and other business services (the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you may not use the Services.
- Scope of Services
Yei Dental provides various business services specifically designed for dental practices, including but not limited to digital marketing, search engine optimization (SEO), lead generation, revenue cycle management, and patient support operations. The specific details and deliverables of the Services will be outlined in individual service agreements, which may be updated from time to time.
Yei Dental will endeavor to provide the Services as agreed, but cannot guarantee specific results or outcomes due to the nature of marketing, technological platforms, and external factors beyond our control.
- Effectiveness of Agreement
This Agreement shall become effective upon acceptance by the Customer and remain in effect until terminated by either party in accordance with the terms herein.
- Payments and Fees
4.1 Fees. All fees for the Services are outlined in the applicable service agreement or invoice. Payment obligations are non-cancelable, and payments made are non-refundable, unless explicitly stated otherwise in the agreement.
4.2 Payment Terms. Payments are due upon receipt of the invoice, unless alternative payment terms have been agreed upon in writing. Failure to pay any fees on time may result in suspension or termination of Services, at Yei Dental’s sole discretion.
4.3 Late Payments. In the event that payments are not received within the specified time frame, Yei Dental reserves the right to charge interest on the overdue amount at a rate of 1.5% per month (or the highest rate allowed by law, if lower), and to suspend the provision of any Services until all outstanding amounts are paid in full.
- Confidentiality and Data Protection
5.1 Confidential Information. Both parties agree to keep confidential all proprietary or sensitive information disclosed during the provision of Services, including business practices, patient data, and financial details. Confidentiality obligations shall survive the termination of this Agreement for a period of two (2) years.
5.2 Data Security. Yei Dental will take commercially reasonable measures to protect sensitive data, but we are not liable for any unauthorized access or breaches beyond our reasonable control.
- Intellectual Property
All content, including but not limited to text, graphics, logos, and software provided through Yei Dental’s Services, remains the intellectual property of Yei Dental or its licensors. The Customer may not reproduce, duplicate, or exploit any part of the Services for commercial purposes without express written permission from Yei Dental.
- Customer Responsibilities
7.1 Accurate Information. The Customer agrees to provide accurate, complete, and current information as necessary for Yei Dental to deliver the Services. Any delay or failure in providing such information may affect the quality and timeliness of the Services and shall not be the responsibility of Yei Dental.
7.2 Compliance with Laws. The Customer agrees to use the Services in compliance with all applicable laws, rules, and regulations. Any illegal or unauthorized use of the Services will result in immediate termination of the Agreement, and Yei Dental reserves the right to pursue any legal remedies available.
- Limitation of Liability
8.1 No Guarantee of Results. Yei Dental does not guarantee any specific outcomes, results, or returns on investment through the use of its Services. All results from marketing campaigns, lead generation, or operational improvements are subject to market conditions, technological changes, and other factors outside of Yei Dental’s control.
8.2 No Liability for Indirect Damages. In no event shall Yei Dental be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost revenue, lost business opportunities, or loss of data, arising from or related to the use of the Services, even if Yei Dental has been advised of the possibility of such damages.
8.3 Cap on Liability. Yei Dental’s total liability to the Customer for any claim arising out of or related to this Agreement shall not exceed the total amount paid by the Customer for the Services in the twelve (12) months preceding the claim.
8.4 Force Majeure. Yei Dental shall not be liable for any delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, labor disputes, equipment failures, or disruptions in internet or telecommunications services.
- Termination of Agreement
9.1 Termination by Customer. The Customer may terminate the Agreement at any time by providing thirty (30) days written notice to Yei Dental. Upon termination, the Customer shall remain liable for all outstanding payments due for Services rendered up to the termination date.
9.2 Termination by Yei Dental. Yei Dental may terminate the Agreement immediately, with or without notice, in the event of any breach of the Agreement by the Customer, including failure to pay amounts due, misuse of Services, or violation of any applicable laws.
9.3 Survival. Upon termination of the Agreement, Sections 5 (Confidentiality), 6 (Intellectual Property), and 8 (Limitation of Liability) shall survive and remain in full force and effect.
- Indemnification
The Customer agrees to indemnify, defend, and hold harmless Yei Dental, its affiliates, officers, and employees from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to the Customer’s use of the Services, breach of this Agreement, or violation of any applicable laws.
- No Warranties
The Services are provided “as is” and “as available.” Yei Dental makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Dispute Resolution
Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state of California, and the arbitrator’s decision shall be final and binding.
- Miscellaneous
13.1 Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings.
13.2 Amendments. Yei Dental reserves the right to update or modify these Terms of Service at any time, with notice provided to the Customer.
13.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles.