Practitioner Contract for MyHealth

This agreement is for MyHealth as Software As A Service Agreement (SAAS) effective as upon the date of Registration, is entered into by and among iHealthScreen Bangladesh Ltd. (“Company” or “IHS”), and online registered (Doctor or Practitioner or Healthcare provider or Licensee) the MyHealth platform. Company and Licensee may sometimes refer to in this Agreement individually as a “Party” and, collectively, as the “Parties”.


  1. Licensee is a doctor, BMDC registered or similar national and international authority approved practitioner to provide medical service or consultation through of MyHealth platform.

  2. Company is healthcare software service provider as providing Software As A Service (SaaS) platform, MyHealth. Which can be used national and international doctors.

  3. Company has developed MyHealthTM ,which is a software solution for doctor consultation, image sharing, electronic prescription, EHR system, audio, video & text consultation.

  4. Licensee would like to register to the platform and Company is to validate doctor registration by BMDC number or similar from other practitioner authority in Bangladesh or abroad.

  5. Company would like to host, implement, support and maintain the program and license as well as the data security and compliance. MyHealth has already USA HIPAA compliance and ACCENTURE certification.

  6. The Licensee along with the computer and internet facilities will provide MyHealth access and registration to the doctors and patients where patient can make appointment for doctor and doctor may do the same for the patient. Doctor also can assign his/her health worker/assistance.

  7. Company shall provide technical support and services 24/7 for the platform issues.

  8. The company will send monthly transaction reports and transfer money to doctor bank account on the first day of each next month. Doctor or health service provider will pay applicable vat/tax to National Board of Revenue (NBR) for their income or to similar authority.

  9. This contract is valid for one year and yearly automatic extension unless contract terminated by both parties.

  10. This is electronic contract, which does not need to have signature, but by clicking on the terms and conditions checkbox during the registration ensure the approval from the health practitioner. For the institute level agreement like clinic, hospital, diagnostic centers, corporate or community the agreement can be done on other way through separate legal methods. This terms and conditions solely applicable for individual doctor.

  11. Electronic Health Records (HER) data will remain life time for patients, however file sharing such as prescription and other documents will be archived till five (5) years. Video can be stored until 30 days.

  12. Company may use practitioner picture, image, degrees and recognition for marketing purposes upon his verbal or tele approval. Any period the marketing promotion can be on hold or stopped if the practitioner does not want to continue.

  13. Doctor shall pay 10% of the consultation fee as service charge to company as no use no pay. Company shall pay other charges like online gateway payment, OTP, SMS, tech license charge to their other parties.

  14. Payment settlement can be done after reaching certain amount of agreement with both parties; the default amount is 10,000TK. Otherwise any amount can be settled and transfer to the bank account every month.

NOW, THEREFORE, the Parties agree as follows:


The rest of the sections elaborate the terms above. We may use the terms software, platform, or both in the place of MyHealth. Also, sometimes use the term as: 1) licensor for Company and 2) licensee for Doctor.

  1. Scope and Structure of Agreement. This Agreement governs all transactions between the Parties with respect to the MyHealth (sometimes referred as software or platform or both) related products and services by company (“Transactions”). The Parties shall memorialize each additional Transaction as amendment of this contract.
  2. Reorganizations. The Parties anticipate that doctor may be part of new reorganizations and changes to corporate structure during the term of this Agreement. MyHealth shall update profile accordingly without cost.
  3. Safeguarding doctor personal and patient health data. IHS shall establish and maintain environmental, safety and facility procedures, data security procedures and other safeguards against the destruction, loss, or alteration of health Data in the possession of company, which are in conformance with the attached Business Associate Agreement.
  4. Security. At a minimum, company shall employ the following security methods and procedures. (a) Access Controls. Company shall only permit access to health data in accordance with the terms of this Agreement. (b) Restricted Access. IHS shall not access Health Data except as necessary to provide Services under this Agreement.

General Requirements

  1. Hosting Services; Website Access. Among the Services to be provided under this Agreement, IHS shall, in accordance with its documentation, host on IHS’s computer systems an Internet website (the “Site”).
  2. URL Ownership. IHS shall retain ownership of its respective intellectual property, including its respective URLs, Hyperlinks, trademarks, trade names.


  1. Maintenance. IHS will provide support and maintenance in accordance with the Software Support Policy. First level of support has to be provided by healthcare provider with/out health worker, for the technical assistance required MyHealth customer service will assist and then backoffice technical team will fix the issue.
  2. Update Services. IHS will provide updates and upgrades in accordance with the Software Support Policy. Due to maintenance work or upgrade activity, both parties will comply the downtime of services if required.


  1. The Program. As between the Parties, IHS and its suppliers shall retain ownership of all IP Rights in the Program, or other items, and any Confidential Information of IHS provided to Licensee, including any IP Rights in existence as of the Effective Date (“IHS Proprietary Technology”). Licensee acquires no rights to IHS Proprietary Technology except for the licenses expressly granted under this Agreement or any Change Order.
  2. Trademarks. Nothing in this Agreement shall grant any Party any ownership interest, license or other right to any other Party’s trade names, trademarks or service marks.


  1. IHS does not warrant
    1. that the Program will be error-free or uninterrupted or that all errors will be corrected or
    2. the accuracy of codes, prices, or other data contained in Software that has been incorporated into or included in the Program. The warranties do not apply to Licensee’s:
    1. failure to follow in all material respects written recommendations or instructions;
    2. using or combining the Program with products or services of others or with products or services incompatible with the Program;
    3. breach of Licensee’s obligations under this Agreement; or
    4. third party software. IHS hereby disclaims any implied, statutory or other warranties not expressly made herein, including the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written creates any warranty not expressly stated in this agreement.
  2. Trademarks. Nothing in this Agreement shall grant any Party any ownership interest, license or other right to any other Party’s trade names, trademarks or service marks.


  1. Limitation of Liability. IHS (nor its representatives) shall not have liability to the prescription or medical advice under this agreement for any punitive, incidental or consequential damages.


  1. Term of Agreement. The term of this Agreement shall commence on the date of registration in MyHealth portal and shall remain in effect until terminated.
  2. Each Party to the Transaction shall return to the other Parties any of the others’ Confidential Information that it may possess, except that Licensee need not return Confidential Information embodied in Documentation that Licensee is entitled, under the terms of this Agreement, to continue using.


  1. Governing Law, Exclusive Jurisdiction. This Agreement, and all the rights and duties of the Parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, and construed and enforced in accordance with, the laws of Bangladesh, as applied to agreements entered into and to be performed entirely within Bangladesh residents, notwithstanding the actual residence of the Parties. Each Party consents to the exclusive personal jurisdiction and venue of the courts, state and federal, located in the county in which Licensee’s principal place of business is located.
  2. Force Majeure. If any party to any Transaction shall be prevented, hindered or delayed in the performance or observance of any of its obligations thereunder by reason of any act of God, war, riot, civil commotion, explosion, fire, government action, epidemic, or other circumstance beyond its control, but specifically excluding labor and union-related activities, (“Force Majeure Event”) and such delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the affected party through the use of commercially reasonable alternate sources, work-around plans, or other means, then such party shall be excused from any further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party uses commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay.. Any party so delayed in its performance shall use commercially reasonable efforts to immediately notify the other by telephone (to be confirmed in writing as soon as reasonably possible) and describe the circumstances causing such delay. Such notice shall include a detailed description of the affected party’s functions or obligations affected by such a delay, as well as details of any work-around plans, alternate sources or other means the affected party is using or shall use to minimize or circumvent the delay in performance of the affected party’s obligations hereunder. If any Force Majeure Event prevents, hinders or delays performance of a party’s obligations hereunder for more than ninety (90) calendar days, the party or parties not prevented from performing may, at its or their option, terminate the Transaction.
  3. Standard of Care. Each Party shall, at all times, act with good faith and diligence with respect to their obligations hereunder.
  4. Agency. The Parties are independent contractors. Nothing in this Agreement shall be deemed to create an agency, employment, partnership, fiduciary or joint venture between the Parties. No Party (nor any agent or employee of that Party) shall make any representations or warranties or incur any liability on behalf of the others.
  5. Notices. Wherever under this Agreement one Party is required to give notice to the others, such notice shall be deemed effective: (a) five (5) calendar days after deposit in the postage prepaid, certified or registered mail, return receipt requested; (b) three (3) calendar days after deposit with a national overnight courier; or (c) upon delivery if delivered in person or by messenger, in each case, addressed to the addresses for notices set forth on the signature page hereof (or such other addresses as any party may be notified of as described above).
  6. Recitals. The Recitals to this Agreement are incorporated by this reference as if fully set forth herein.