ChiroTouch

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below have been in contact with Chiro-touch via [redacted] who is in charge of client satisfactionI am extremely dissatisfied with his lack of any negotiation in regards to my formal complaintsIt appears that his only platform is to mock my “shock and disbelief” and quote section of a contract that I have yet to see a signed copy ofI continue to believe they had no legal right to withdraw money from my business account without my knowledge or authorizationThat is paramount to “stealing”He has not explained at all about the lack of billing and communication when I was working with the company, in the initial learning processI believe that I demonstrated good will in sending a check for $for services rendered October, November & DecemberI believe that I never should have been sold this system, since I have a small practice, and I am semi-retired and it is much more suitable for larger venuesI was misled by the salesman that this was a month to month agreementMr [redacted] has not addressed these issues at all, but continues to recite the contract, which I was not aware of until Feb of I believe they should be held responsible to make the client aware of what they are signing up forI was persuaded to leave a software company that I was on a month to monthMr [redacted] claims empathy for changes in my practiceWhat does that meanI am happy in my practice., of yearsI am totally unhappy with ChiroTouch and feel that my only satisfaction is to be compensated for my distressIt has been such a miserable experience that I want to end further contact with this company along with the $that was taken from my account, without my permissionAnd whatever empathy he has is misplaced, as I want nothing to do with this chaotic company and lack of coherent dealings, probably due to their recent merger No I am not asking for anything more than what a reasonable person would expect, given the same circumstances Regards, [redacted]

To Whom It May Concern: We have been following up with this client to address their issues, and they have planned to contact Revdex.com in response to retract their complaint or and/or confirm that it has been resolvedWe believe we have found an amicable resolution to help this unclient feel as if their needs have been met, their concerns addressed, and their issues satisfactorily resolved Thank you, and please let me know if you require additional information

10-12- Re: complaint # [redacted] Dear Sir/ Madam, Thank you so much for bringing this matter to our attention It is always our desire and intention to help each and every client to the best of our abilitiesWe value the relationship we have with each and every client, and we deeply regret and apologize to our client for the time and effort required to communicate this thru indirect channels, and have taken steps to ensure a cleaner and more effortless line of communication thru to our support team Over the course of the last week ChiroTouch IT support has been in contact with the client, multiple times, starting on October 4th , 2016, with continuing follow up on October 5th, 2016, October 6th , , and as recently as this morning, October 12th 2016, and has worked thru the above issuesIn our follow up calls this morning it was reported by the practice’s staff that the issues are currently resolved and all facets of the software are working as intended We have informed on the usage of [redacted] parallels as an option for running Chirotouch workstations on Apple devices, and that the main exception to this would be for the main server computerMuch of what was determined thru troubleshooting boiled down to the following, which was attended to over multiple sessions between ChiroTouch's IT support supervisor, and staff in the client's practice Issue with the Main server: The CPU on the server was being throttled to 1.9GHZ of 3.2GHZ1.9GHZ is below the minimum recommended speed for a server running ChiroTouch and would directly contribute to the slow performance reportedThis is a [redacted] default option that was instituted, by Microsoft, some years ago, to help in minimizing environmental impact relative to electricity usageChiroTouch's IT team lead changed this [redacted] default setting by modifying the power options to run in High Performance modeThe main server CPU is now running at 3.3GHZ, and after follow up with the practice it has been determined and confirmed that this has brought relief to the reported “crashing” and delay in response issues Issue with the Providers workstation: Looking at the resources on the visualized instance of the [redacted] operating system, there was only 2GB of RAM allocatedThe ChiroTouch IT team lead informed the practice that this is a major contributor to the difficulties they are facing when using this workstation and showed them an article from Parallels KB that describes how to change the amount of RAM allocated to [redacted] to the recommended amount required for optimal usage of the ChiroTouch software, per the available requirement documentation that is shared with all clients At the current time, and as of the writing of this response, both ChiroTouch’s IT management team, and our Client Success Manager have shared all direct contact information such that if there should be a recurrence of this issue, or if any other unrelated issues arise, there is a direct line to as effortless of a support experience as possible In today’s most recent follow up calls with the practice, it was indicated that the practice was satisfied with our response, and that things were now running smoothly at this point, with no current issues to report An open dialogue is now in place should we have the opportunity to further assist in any way Yours in health, [redacted] Client Success Manager Chirotouch/SmartCloud [redacted]

10-18-Re: complaint # 9pt;"> [redacted] Dear Sir/ Madam, Thank you so much for bringing this matter to our attention It is always our desire and intention to help each and every client to the best of our abilitiesWe value the relationship we have with each and every client, and we deeply regret and apologize to our client for the time and effort required to communicate this thru indirect channels, and have taken steps to ensure a cleaner and more effortless line of communication thru to our support team Over the course of the last weeks, a ChiroTouch IT support team lead has been in contact with the client, multiple times, starting on 10/6/2016, and continuing in multiple instances on 10/10/2016, and as recently as yesterday, 10/17/16, and today, 10-18-Our IT support team lead remains in contact today in an effort to continue to resolve the issues, which are proving to be a challengeAt the current time, and as of the writing of this response, both ChiroTouch’s IT management team, and our Client Success Manager have shared all direct contact information with the client, and we continue to actively work to resolve these issuesIn today’s most recent follow up calls with the practice, it was indicated that issues remain, and we are in contact and actively working through them, and will continue to, until the issues are resolved and our client is satisfied An open dialogue is now in place as well as scheduled routine follow up until we are certain we have satisfactory resolution Yours in health, [redacted] Client Success Manager Chirotouch/SmartCloud [redacted]

Thank you ***! #1f497d;"> We have a strict no refunds policy that our clients sign off on in the license agreement, so we rarely make exceptionsObviously we’d prefer to be known to stand by this policyBut with that being said, our records state we refunded this purchase in early AugustIn rare and extreme cases where we find that a client is not amenable to proceeding through the training protocol and is combative in finding resolution, we will make a determination to provide a refund The software is a comprehensive EHR and it functions as advertised with no need to purchase any additional add-onsThe software is a standalone software and a great many of our clients use our software without the purchase of any additional optional services We provide online training, which is laid out in detail during the sale processEach client is assigned a mentor that is available for questions, and periodically checks in with the client as they progress through the training programBy our records, there was communication between ChiroTouch and the client on multiple occasionsIn particular, our mentor reached out on July because she had not seen much progress through the training program and wanted to make sure the client wasn’t stuckIt appears the client took issue with the detail of the training process, and elected not to progress through the necessary steps We pride ourselves on having very few dissatisfied customers, and we’re obviously very disappointed to have found that this particular client felt the need to go to such lengthsWe hope that we have resolved this satisfactorily, but please let me know if you need any additional details and I will be happy to provide what I can Thank you, [redacted] Director of Business Integration Sky Park CtSte San Diego, CA - phone - fax www.chirotouch.com

Hello!
We have reached out to Dr*** and are working very closely with him to resolve his current concernsWe expect that after a few more one-on-one sessions with his office we can fully ameliorate the issues and come to a resolution
shortly

I agree with Barbara L., I've never seen less responsive customer service Training was abysmal Ongoing support almost nonexistent unless you like sitting around in webinars and "town halls." There are many bells and whistles you can choose and use, but it is poorly designed for most simple daily functions of a chiropractic office The patient's chart notes are not located in one place, notes for each case are in a different area and you cannot refer to older notes without closing the one you are working on, it's a cumbersome process Switching from case to case, for cash vsinsurance based services, is a nightmare Takes four clicks and a password just to sign a note! I had to use my password to log in, who in the h$%! do you think is signing the note, seriously? Suffering buyer's remorse like crazy I could go on for days Every simple task requires a work around, and the scheduler is very poorly designed IM feature is virtually useless Poorly designed schedule Sigh

In an effort to remediate the above complaint, which seems to be a clear misunderstanding of the terms of the contract that Dr*** voluntarily entered into on
125);">/30/2015, I have made the following attempts to communicate and clarify these terms for Dr ***
5-18-:
I left a message at the office that went unreturned
5-20-:
I emailed the following :
To:*** Subject: Escalation - Client Satisfaction
Dr***, My name is *** ***, and I am the client success manager for Chirotouch-Smart CloudAs I now understand you prefer all communications to be done thru email, I am reaching out in an attempt to communicate with you in regards to your existing Smart Cloud software contractAs I recognize that efforts have been made by *** *** in our accounting department, as well as *** ***, a manager in our support department, it is at this time that that I will be taking over your case and will be the sole point of contact, to ensure that there is seamless communication from here on out.I have read and have been briefed on the specifics of this matter and believe to be totally up to speed at this point. I see that it is your contention that you believed this purchase to be strictly a month to month engagement, that can be cancelled at any timeIn reviewing the contract that you entered into the fact of the matter is that it can be cancelled any time after "the initial "service term" of months from the effective date" which was on 9-30-There is a clause in the contract (6.3) which references "Termination for Convenience" which states that : "Customer may terminate this SaaS Agreement and the right(s) and license(s) granted hereunder at any time, without a right to refund, upon written notice of at least thirty (30) days prior to the service renewal date and payment of any and all outstanding fees, including all Service Fees for any remaining portion of the then-current Service Term."Therein lies the confusion.Under separate cover I will email out a copy of the entire "Software as a service" or " SAAS" contract that you electronically authorized on 9-3-2015 as in this medium of email, it has too many characters to sendThe most important part to review would be "article -Term and Termination "This section clearly lays out the terms of the agreement and options for termination within. Please be on the lookout for that email, and I look forward to hearing back from you. Please do not hesitate to contact me.
*** ** ***Client Success Manager
5-20-16: followed up with an email with her contract attached :
To:*** Subject: Escalation - Client Satisfaction
Dr***,For your reference, and as mentioned in my most recent email, please find attached the entire contract that was entered into by virtue of electronic authorization on 9-30-Terms for disengaging and terminating the contract are listed under section I truly hope this offers clarification, and clearly presents our standpoint in the matter.Please do not hesitate to contact me so that I can help to the best of my abilities!-***
The referenced portion of the contract ( I’ve attached a copy of the full contract that was agreed to thru electronic authorization incase that helps) is as follows:
6. Term and Termination6.1. SaaS Agreement TermThis SaaS Agreement shall commence on the Effective Date and, unless terminated earlier in accordance with this SaaS Agreement, shall remain in effect for the duration of any Service Term or any renewal thereof6.2. "Service Term" means the term for which IPS agrees to provide the Service and Customer agrees to pay for the service, as set forth in the Service ScheduleIf no Service Term is identified in a Service Schedule, the initial Service Term shall be twelve (12) months from the Effective Date and shall thereafter automatically renew for successive one (1) month termsAt the end of the any service term prices are subject to change without notice6.3. Termination for ConvenienceCustomer may terminate this SaaS Agreement and the right(s) and license(s) granted hereunder at any time, without a right to refund, upon written notice of at least thirty (30) days prior to the service renewal date and payment of any and all outstanding fees, including all Service Fees for any remaining portion of the then-current Service Term6.4. Termination for CauseEither Party shall be entitled to terminate this SaaS Agreement and all Service Terms in the event of any material breach by the other Party (including any failure by Customer to make payments when due) if such breach, if curable, is not cured within thirty (30) days after receipt of written notice thereofWithout limiting the foregoing, in the event of any material breach by Customer, IPS may elect to suspend the Service provided by IPS hereunder until such time as Customer has cured such breach to IPS's reasonable satisfactionMoreover, IPS shall be entitled to halt provision of Services under this SaaS Agreement immediately in the event Customer breaches any license granted by IPS to Customer under any agreement, ownership right of IPS under any agreement, or confidentiality obligation owed to IPS under any agreement until such time as Customer has cured such breach to IPS's reasonable satisfaction6.5. Effect of TerminationUpon termination of this SaaS Agreement for any reason or expiration without renewal of any Service Term, all rights granted to Customer hereunder with respect to the applicable Service, Software and Documentation shall cease, and Customer shall: (a) immediately cease all use of the applicable Service, Software and Documentation; (b) promptly return or destroy, at IPS's direction, any Documentation and all copies thereof; and (c) promptly deliver to IPS an affidavit, signed by an executive officer of Customer, certifying that Customer has complied with these termination obligationsIn addition, Customer promptly shall pay to IPS all fees and other amounts due and owing under this SaaS AgreementLikewise, IPS shall (a) promptly return or destroy, at Customer's direction, any Customer Data or Customer IP and all copies thereof; and (b) promptly deliver to Customer an affidavit, signed by an executive officer of IPS, certifying that Customer has complied with these termination obligationsNotwithstanding anything to the contrary contained herein, any provisions which, by their nature, are intended to survive any expiration or termination of this SaaS Agreement shall so survive, including Sections and - 14, as well as the Parties' respective indemnification obligations with respect to claims accruing prior to expiration or termination of this SaaS Agreement

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolvedHello,
On 8/20/I submitted complaint #*** regarding ChirotouchSince then, the company has paid off $9,that was owed to my lender (who financed the system)I'm content with this solution and would like this complaint to be resolved and/or removedThank you
Regards,
*** ***

September 29, Re: Complaint
ID #***
Dear Sir or Madam,
As always thank you for bringing this to our attentionWhenever there are issues that arise out of clerical error on our part, we strive to do all that we can to rectify them as quickly as we possibly canIn this case, our former client, is 100% correct, and there was a clerical error on our part in misinterpreting the actual requested date of cancellationRegretfully, our staffer misread the requested cancellation end date, and attempted to collect a debt that was already rectified by the former clientAs a result, the amount that we mistakenly attempted to collect, has now been removed, and the former client is completely absolved of any and all debt to our company Our accounting department has issued the following letter to the client, in an effort to both clarify that the issue is resolved and to appropriately apologize to the former client for any undue stress or inconveniences that this has caused
Names have been removed per Revdex.com protocol
Sent: Tuesday, September 27, 11:17am
Subject: ChiroTouch
Importance: High
Hi DrXXXXX
I just called your office and left a message and wanted to follow up with an email directly to youI have been notified by xxxxxxxx of your account and cancellation request that was addressed with our *** Support Manager, xxxxxxxAfter review of your account and confirmation of your cancellation, I have adjusted your account to a zero balance and cancelled your *** *** accountPlease accept my deepest apology for any inconvenience it may have caused you, by us (ChiroTouch) reaching out to you incorrectlyIt appeared that the cancellation was not completely processed, and Accounting/Collections had not received any notification to cancel your *** billing, but have processed the request today Please feel free to reach out to me directly with any further questions, wishing you a great day!
Regards,
xxxxxxxxxxxxxxxxxxx
Collections Supervisor
Ph: ***
Also, at the former client’s request, we have removed the practice’s contact information from all communication contact listsWe hope that this satisfies our former client’s requests, and that he accepts our sincere apologies for the inconveniences that this caused Please do not hesitate to let me know if we can further assist in any way
Best regards,
*** ***
Customer Success Manager
ChiroTouch/ ***
***
*** ext ***

To Whom it may concern Thank you
immensely for your email in bringing this to our attentionAs it is currently, ChiroTouch IT support is in response and is actively working with *** at *** *** ***, and thru this technical issue While it is very typical, while troubleshooting issues on a client’s network , to need to gain access to the network, it is impossible to do without being granted explicit permission by whomever is logging us inWe use the remote desktop connection service called www.logmein.com, which is encrypted, and requires authorization with each single instance of remote desktop connection. *** in our IT team is working with *** to instruct on what the issue is, and what must be done to remedy itWhile this does continue to be on going, we have discovered some resource issues on their server that we will consult the office's IT professional thru until this issue is resolvedPlease do not hesitate to let me know if this information is, in any way, considered to be inaccurate, as our intention is always to help to the best of our abilities
*** ** ***
Client Success Manager
*** *** ext ***
***
www.mychirotouch.com
www.chirotouch.com

This company make many promises and fails in providing the tech support they promise After purchasing the software they deny access to the online software manuals if you don't renew the support feature But, why, when it takes literally hours to get support would we want to renew? They are unresponsive about their unresponsiveness They have no complaint department, they don't seem to be able to elevate any problems to supervisors, managers, or officers in the companyI'm open to suggestions as to how to get them to respond

We've reached a resolution with the consumer and have resolved this issue
" margin: 0px">Thank you for your patience,[redacted]
Senior Technical Writer

Thank you [redacted]!
"">
We have a strict no refunds policy that our clients sign off on in the license agreement, so we rarely make exceptionsObviously we'd prefer to be known to stand by this policyBut with that being said, our records state we refunded this purchase in early AugustIn rare and extreme cases where we find that a client is not amenable to proceeding through the training protocol and is combative in finding resolution, we will make a determination to provide a refund
The software is a comprehensive EHR and it functions as advertised with no need to purchase any additional add-onsThe software is a standalone software and a great many of our clients use our software without the purchase of any additional optional services
We provide online training, which is laid out in detail during the sale processEach client is assigned a mentor that is available for questions, and periodically checks in with the client as they progress through the training programBy our records, there was communication between ChiroTouch and the client on multiple occasionsIn particular, our mentor reached out on July 15 because she had not seen much progress through the training program and wanted to make sure the client wasn't stuckIt appears the client took issue with the detail of the training process, and elected not to progress through the necessary steps
We pride ourselves on having very few dissatisfied customers, and we're obviously very disappointed to have found that this particular client felt the need to go to such lengthsWe hope that we have resolved this satisfactorily, but please let me know if you need any additional details and I will be happy to provide what I can
Thank you,
[redacted]
Director of Business Integration
Sky Park CtSte
San Diego, CA
619.488.9795 - phone
619.528.0050 - fax
www.chirotouch.com

10-18-16
Re: complaint #
9pt;">[redacted]
Dear Sir/ Madam,
Thank you so much for bringing this matter to our attention.  It is always our desire and intention to help each and every client to the best of our abilities. We value the relationship we have with each and every client, and we deeply regret and apologize to our client for the time and effort required to communicate this thru indirect channels, and have taken steps to ensure a cleaner and more effortless line of communication thru to our support team.
Over the course of the last weeks, a ChiroTouch IT support team lead has been in contact with the client, multiple times, starting on 10/6/2016, and continuing in multiple instances on 10/10/2016, and as recently as yesterday, 10/17/16, and today, 10-18-16. Our IT support team lead remains in contact today in an effort to continue to resolve the issues, which are proving to be a challenge.
At the current time, and as of the writing of this response, both ChiroTouch’s IT management team, and our Client Success Manager have shared all direct contact information with the client, and we continue to actively work to resolve these issues.
In today’s most recent follow up calls with the practice, it was indicated that issues remain, and we are in contact and actively working through them, and will continue to, until the issues are resolved and our client is satisfied.
An open dialogue is now in place as well as scheduled routine follow up until we are certain we have satisfactory resolution.
Yours in health,
[redacted]
Client Success Manager
Chirotouch/SmartCloud
[redacted].

10-12-16
Re: complaint #...

[redacted]

Dear Sir/ Madam,
Thank you so much for bringing this matter to our attention.  It is always our desire and intention to help each and every client to the best of our abilities. We value the relationship we have with each and every client, and we deeply regret and apologize to our client for the time and effort required to communicate this thru indirect channels, and have taken steps to ensure a cleaner and more effortless line of communication thru to our support team.
Over the course of the last week ChiroTouch IT support has been in contact with the client, multiple times, starting on October 4th , 2016, with continuing follow up on October 5th, 2016, October 6th , 2016 , and as recently as this morning,  October 12th 2016, and has worked thru the above issues. In our follow up calls this morning it was reported by the practice’s staff that the issues are currently resolved and all facets of the software are working as intended.   We have informed on the usage of [redacted] parallels as an option for running Chirotouch workstations on Apple devices, and that the main exception to this would be for the main server computer. Much of what was determined thru troubleshooting boiled down to the following, which was attended to over multiple sessions between ChiroTouch's IT support supervisor, and staff in the client's practice.
Issue with the Main server:  The CPU on the server was being throttled to 1.9GHZ of 3.2GHZ. 1.9GHZ is below the minimum recommended speed for a server running ChiroTouch and would directly contribute to the slow performance reported. This is a [redacted] default option that was instituted, by Microsoft, some years ago, to help in minimizing environmental impact relative to electricity usage. ChiroTouch's IT team lead changed this [redacted] default setting by modifying the power options to run in High Performance mode. The main server CPU is now running at 3.3GHZ, and after follow up with the practice it has been determined and confirmed that this has brought relief to the reported “crashing” and delay in response issues.
Issue with the Providers workstation: Looking at the resources on the visualized instance of the [redacted] 10 operating system, there was only 2GB of RAM allocated. The ChiroTouch IT team lead informed the practice that this is a major contributor to the difficulties they are facing when using this workstation and showed them an article from Parallels KB that describes how to change the amount of RAM allocated to [redacted] to the recommended amount required for optimal usage of the ChiroTouch software, per the available requirement documentation that is shared with all clients.
At the current time, and as of the writing of this response, both ChiroTouch’s IT management team, and our Client Success Manager have shared all direct contact information such that if there should be a recurrence of this issue, or if any other unrelated issues arise, there is a direct line to as effortless of a support experience as possible.
In today’s most recent follow up calls with the practice, it was indicated that the practice was satisfied with our response, and that things were now running smoothly at this point, with no current issues to report.
An open dialogue is now in place should we have the opportunity to further assist in any way.
 
Yours in health,
[redacted]
Client Success Manager
Chirotouch/SmartCloud
[redacted].

To Whom It May Concern:
We have been following up with this client to address their issues, and they have planned to contact Revdex.com in response to retract their complaint or and/or confirm that it has been resolved. We believe we have found an amicable resolution to help this unclient...

feel as if their needs have been met, their concerns addressed, and their issues satisfactorily resolved. 
Thank you, and please let me know if you require additional information.

Revdex.com:
I have reviewed...

the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.This action did not take place.  The matter has not been resolved in any way.
Regards,
[redacted]

To Whom It May Concern:
We pride ourselves on having satisfied clients, and we are disappointed that a client has felt that they need to go to such lengths to be heard. We take complaints very seriously and strive to ensure each and every one of our customers is entirely satisfied...

with their purchase. Our CTAdvocate manager, [redacted]  ([redacted]@mychirotouch.com) and our Customer Support Manager, [redacted] ([redacted]@mychirotouch.com) will be reaching out directly to ensure that we can ameliorate this situation and find a swift resolution. 
Sincerely,
The ChiroTouch Team

RE: Complaint # [redacted]
 
Dear Sir or Madam,
In response to the client’s rejection of the latest rebuttal to her complaint:
There are many statements in our client’s most recent response to our response to her complaint # [redacted] that I believe to be mischaracterized and inaccurate. In a good faith effort to simply state the facts of this matter, and come to a satisfactory resolution, please find my account below in response.
 
Contrary to our client’s statement that she has been in contact with myself, it is accurate to state that we have never been in direct contact, as per the client’s stated wishes when this complaint was first filed. All communications have gone through the Revdex.com. I have attempted to address this complaint directly with the client both via phone and through direct email, to no direct response. As “client success manager” as opposed to being “in charge of client satisfaction” as the client has previously stated, it is my duty to help to ensure that clients are successful in utilizing our products. In this case it should be noted that although this client demonstrated voluntary intent to implement and use Smart Cloud by participating in and fully utilizing our staff and services for installation, training, and data import and conversion from her last software, there was never any valid reasoning offered to justify cancellation of this yearlong binding contract beyond buyer’s remorse. As the client stated previously in her initial compliant, she never went live with Smart Cloud even though Installation, training, and data conversion services were complete, and as a result her software was in fact customized with her data at that point. Also, at no point was there any intention to “mock” the client’s surprise that she was unaware of the full terms of the contract that she voluntarily entered into.  I’ve attached a copy of the contract that was electronically entered into through the processing of an electronic purchase agreement. There was never any “pen to page” signing of a signature per se, as this business was conducted online and through an electronic purchase agreement which gives the client the opportunity to review all the terms and then asks for the voluntary placement of a checkmark in a box, that upon agreement acceptance, becomes legally binding. In this day and age, any time there is a purchase made online or electronically, this is very common. It was during the electronic acceptance of this contract that the client had knowledge and voluntarily offered forth her business account information, and authorized the withdrawal of funds to satisfy the terms of this business transaction. Acknowledgement of this transaction, dated 9-30-15, has been offered by the client in her original correspondence in this complaint. The client’s contention that this was an unauthorized business transaction, and that auto withdrawals from the account that was voluntarily offered on record was “paramount to “stealing”, is wholly unfair and inaccurate in light of the terms of the contract.
 
With that being said, it is clear that there truly were, for a brief time, some hiccups in communication between the client and our accounting team, but at no point and time was there ever any malfeasance on either end. The client contends in her original complaint,
“After 90 days, I decided that this software was not going to work for our office and sent notice of cancellation. I received no response for 30 days and then it was their collections department that contacted me wanting payment for October, November, and December.” 
This above statement in itself lends credibility to the fact that the client acknowledges that she was aware of the fact that she did indeed voluntarily purchase the software which required acknowledging the purchase terms and entering into the agreement attached. The software was customized to her preferences and loaded with the info desired from her previous software. 
In the client’s letter dated 5-23-16, she further states, “I believe that I should have never been sold this system, since I have a small practice, and I am semi-retired and it is much more suitable for larger venues. I was misled by the salesman that this was a month to month agreement. Mr. [redacted] has not addressed these issues at all, but continues to recite the contract, which I was not aware of until February 2016”. In addressing this directly I think it is important to point out that there are always two entities involved in a business transaction, and ultimately it is a voluntary agreement reached by two parties and is done so under no duress. The client statement that she “should never have been sold this system” intimates that there was undue influence.  To suggest that she was induced to act otherwise than by her own free will or without adequate attention to the consequences, is another instance of inaccurately stating the facts in this matter.  At any time prior to agreeing to the purchase terms, and offering payment, as well as prior to installation, the client could have decided against purchase and a refund would have been submitted immediately. In this case the software was installed, the office participated in training, and data conversion was completed.  The contention that the software is “much more suitable for larger venues”, is also unfounded, as Smart Cloud is happily used in hundreds of small offices, some as small as one provider operating without any staff. In many cases it is preferred for smaller offices as it is far easier to learn and implement than many other similar products in the market. Further contention that there was any misleading statements by her salesperson relative to simply being a month to month engagement are also unfounded and unfair, as one of the biggest selling points of purchasing Smart Cloud under the “Software as a service” or “SAAS” agreement, is that it only requires a 12 month engagement, which can be cancelled any time after the initial service term of 12 months, and runs month to month at the conclusion of that initial 12 months. The client’s statement that she was not aware of the contract she entered into, until February of 2016, suggests that the opportunity to become aware of such a contract was never made available. This is simply not the case. All purchase terms, acceptance information, and agreed upon covenants are absolutely made readily available at the time of purchase, and there is a request for authorization that is formally presented through the electronic purchase agreement which strongly implores the contract be read and reviewed prior to authorizing. By authorizing the transaction, it is clearly stated that the terms have been reviewed and agreed upon. The client states that she, “believe(s) that (the seller) should be held responsible to make the client aware of what they are signing up for”. As a company, we are very careful to be up front and out in the open relative to these agreements to ensure that this type of misunderstanding does not happen. This is also why our salespersons make sure to verbally articulate that this type of agreement has a minimum service term of 12 months before it can be terminated without the buyer being responsible for paying the balance of what is owed between the request to cancel and the end of the service term. Beyond that, it is important to point out that the initial and opening terminology within the mandatorily reviewed contract clearly and in all capital, and bold writing states:
“CLICK THROUGH SOFTWARE AS A SERVICE AGREEMENT
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE CLICKING THE "I ACCEPT" BUTTON. THIS DOCUMENT DEFINES WHAT YOU CAN AND CANNOT DO WITH THE SERVICE AND SOFTWARE, AS WELL AS CONDITIONS AND LIMITATIONS ON RIGHTS, WARRANTIES, AND REMEDIES.
YOU ARE BEING PROVIDED WITH THIS DOCUMENT BECAUSE YOU DESIRE ACCESS THE SERVICE PROVIDED BY IPS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SAAS AGREEMENT, THEN DO NOT CLICK THE "I ACCEPT BUTTON", DO NOT ACCESS OR OTHERWISE UTILIZE THE SERVICE, AND DO NOTIFY IPS IN WRITING OF YOUR REJECTION OF THE SAAS AGREEMENT AT THE ADDRESS PROVIDED BELOW”.
 
It is in this vein that we believe we are acting responsibly on behalf of all potential clients in making them aware of what they are signing up for. If a client determines it is not necessary to review, recognize, and ask questions as to the specifics of an agreement on their way to entering into it, it seems unreasonable to hold the seller responsible when all information was clearly and adequately provided.
 
On the next note, I am compelled to explain my sincere statement of empathy that is also being put into question from my attempt at communication with the client dated May 23rd 2016. In that email, I stated,” I empathize with the fact that circumstances have changed within your practice, as change can be disruptive and alter plans that were made. I also implore you to give us the opportunity to help you with utilizing the software so we can help to show the value it can bring with in your practice.” This was in direct acknowledgement and response to the client’s response through the Revdex.com dated 5-20-16 2:50PM which stated,
“I was in fact shocked to find that I was in "collections with your company" since this was the first that I heard that money was owed from [redacted] a few weeks after I submitted my resignation.”
I apparently misunderstood this comment to reflect that the Client had resigned her position in the practice, be it as owner or otherwise, and after that reading I had assumed the client had resigned from one practice, and started work in another, thus my reference to “empathy for changes” in the practice. This was an honest mistake on my part in interpreting the messaging in the client’s letter. This is a perfect example of how easily misunderstandings can happen and for this I apologize. 
 
Ultimately, and admittedly, in her statement in rebuttal dated 5-23-16, the client states she is “extremely dissatisfied with his lack of any negotiation in regards to my formal compliant” referring to the fact that we have not opened communication on this complaint with an attempt to immediately negotiate. It is our contention that as a business that operates within an industry that is extremely close knit, and nurtures the types of client relationships that beget referral driven business, it would be irresponsible to submit to demands that are founded in personal conjecture, and statements and accusations that at times have been unfair and or unfounded. The threat of complaining to the Revdex.com, and or social media in an attempt to impugn the reputation and credibility of a company is very common in this day and age, and when unjustified and based in simple post product delivery buyer’s remorse and in an attempt to renege on a legitimate contract that was voluntarily entered into, could seem to have an air of extortion about it.
 
Nonetheless, in good faith, and out of sincere concern for any reported unprofessionalism on ChiroTouch’ s end, we recognize that we could have done a much better job in communication relating to monies owed and when, during the months of January and February 2016.  As a result, and in the interest of closing this Revdex.com complaint, we offer to allow the client to disengage from the existing contract as of acceptance of this agreement, and waive and absolve the client of the remaining 7 payments due of $180.57 for a total write off of $1263.99.  Typically, and in concert with the contract that is in place, if the contract is cancelled by the client premature to the end of the service term, the monies owed by the client to “buy out” the remainder of the contract would equate to the total of the remaining payments owed on the service term. In a gesture of good faith we are willing to waive these fees.