Business Associate Agreement (BAA) This Business Associate Agreement (the “Agreement”) is entered into by and between SOAPsync.com, a business operating in the state of Maryland, USA (hereinafter referred to as the “Business Associate”), and the Covered Entity (hereinafter referred to as the “Covered Entity”). The purpose of this Agreement is to comply with the requirements under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations.
1. Definitions
- Covered Entity: The person or organization that engages SOAPsync.com to perform functions or services involving Protected Health Information (“PHI”).
- Business Associate: SOAPsync.com, an entity providing services that involve the use or disclosure of PHI.
- PHI: Protected Health Information as defined under HIPAA regulations.
2. Obligations of Business Associate
The Business Associate agrees to:
- Comply with applicable federal and state laws governing the privacy and security of PHI.
- Use or disclose PHI only as permitted or required by the Agreement or as required by law.
- Implement administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of PHI.
3. Limitation of Liability
To the fullest extent permitted by law, the Business Associate shall not be liable for:
- Loss of data.
- Indirect, incidental, or consequential damages.
- Decisions made or actions taken based on the use of the platform
The total liability of the Business Associate for any claim arising under this Agreement shall not exceed the amount paid by the Covered Entity to the Business Associate in the twelve (12) months preceding the claim.
4. Term and Termination
This Agreement shall commence on the effective date and shall continue until terminated by either party with 30 days’ written notice. Both parties may terminate this Agreement immediately if the other party is found to have breached a material term of this Agreement.
5. Miscellaneous
- This Agreement shall be governed by the laws of the State of Maryland, USA without regard to its conflict of laws provisions.
- No amendment to this Agreement shall be binding unless in writing and signed by both parties.
- If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Business Associate Agreement as of the date indicated below.