Terms and Conditions Agreement
Oasis Mobile Phlebotomy Services

Effective Date: 01/01/2025 • Last Updated: 04/26/2025

1. Definitions

"Services" - Refers to the specimen collection and delivery services provided by the Company as described in Section 2.
"Specimen" - Any biological sample collected from a patient for subsequent analysis by an independent laboratory.
"Payment Plans" - The subscription service packages, including but not limited to Starter Care, Essential Care, Advanced Care, and Elite Care, offered on a monthly or annual basis for a 12-month term.
"Subscription" - A service plan that automatically renews unless canceled in accordance with Section 3.1.
"Client Data" or "Personal Data" - Any information regarding patients or other personal information collected in connection with the provision of Services.

2. Scope of Services

2.1 Services Provided:

The Company shall provide specimen collection and delivery services only. The Company is not a clinical laboratory and does not perform laboratory testing. Once a specimen is collected and delivered to the designated laboratory, the Company's responsibility for its handling and test results ceases.

2.2 Certification and Compliance:

All phlebotomists employed or contracted by the Company are certified by nationally recognized organizations and are required to adhere to applicable regulatory standards regarding specimen collection, transportation, handling, and patient safety.

3. Payment, Refunds, and Cancellation Policies

3.1 Transactions & Payment Terms

Finality: All transactions are final.
Refund Eligibility: A refund may be provided only if the specimen cannot be collected, solely at management's discretion.
Billing Terms: Payment Plans are billed on a monthly or annual basis over a 12-month term.
Subscription Renewal: Subscriptions automatically renew unless explicitly canceled at least 30 days before the renewal date.
Price Adjustments: The Company may adjust prices annually based on market conditions.

3.2 Refund Policy

Refunds, if approved under extenuating circumstances, will be credited back to the original payment method.

3.3 Cancellation & Rescheduling

Clients are allowed three (3) free cancellations or reschedules.
A fee of $99 per cancellation/reschedule will be imposed beyond the initial three free instances.
In the event of missed payments, after a 15-day grace period, services may be suspended.

3.4 Early Termination

If the Client terminates the service agreement outside the 30-day cancellation window, the Client is liable to repay any incentives and discounts received during the term of the agreement.

4. Client & Partner Obligations

4.1 Conduct & Safety

Clients and partners shall not subject the Company's phlebotomists to dangerous or hazardous conditions. The Company reserves the right to refuse or terminate service if safety concerns arise.

4.2 Confidentiality & Privacy

All patient information is confidential and shall be handled in accordance with applicable privacy laws.
The Company collects and processes Personal Data solely for fulfilling the Services. Detailed information regarding data handling is available in our Privacy Policy.

4.3 Non-Compete Clause

Clients and partners shall not directly contact, recruit, or contract with any phlebotomists affiliated with the Company outside of the framework of this Agreement.

5. Service Limitations, Liability, and Indemnification

5.1 Specimen Handling & Transportation

All phlebotomists are adequately trained and certified in specimen collection, handling, and transportation.
Clients are responsible for ensuring that any pre-collection preparation requirements are met.

5.2 Damaged, Lost, or Compromised Specimens

If a specimen is damaged, lost, or compromised during transport, the Company shall, at its discretion, offer a complimentary recollection or issue a full refund.

5.3 Service Delays

The Company is not liable for delays caused by external factors such as traffic or inclement weather; however, it will notify the Client of any anticipated delays.

5.4 Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the Services, including any losses occurring after the specimen has been delivered.

5.5 Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from any breach of this Agreement or misuse of the Services.

5.6 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or governmental restrictions.

6. Intellectual Property

6.1 Ownership: All trademarks, service marks, logos, and proprietary content (collectively, “Intellectual Property”) used in connection with the Services are the sole property of the Company.

6.2 Restrictions: Clients and partners may not use, reproduce, modify, or distribute any Intellectual Property without the prior written consent of the Company.

7. Dispute Resolution

7.1 Negotiation

The parties agree to initially resolve any dispute arising out of this Agreement through direct negotiation in good faith.

7.2 Mediation

If direct negotiations fail, any unresolved disputes shall be submitted to mediation, with the parties sharing the cost equally.

7.3 Arbitration

Should mediation fail, the dispute shall be finally and exclusively resolved by binding arbitration administered by The Association of South Florida Mediators and Arbitrators (Fort Lauderdale) in accordance with its rules.

7.4 Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in the 17th Judicial Circuit of Florida for any disputes not resolved through arbitration.

8. Amendments & Updates

8.1 Modifications: The Company reserves the right to modify or amend these Terms at its sole discretion. Any modifications shall be effective immediately upon posting on the Company's website or via email notification.

8.2 Consent to Changes: Continued use of the Services following any amendments constitutes acceptance of the updated terms.

9. Notices

9.1 Method of Delivery: Any required or permitted notices shall be deemed delivered when sent by:

Email to the address provided by the Client.
Posting on the Company's website at www.oasisphlebotomy.com/news.

9.2 Contact Information: Clients must maintain accurate contact information. Any updates must be communicated to the Company promptly.

10. Miscellaneous

10.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the subject matter herein.

10.2 Severability: If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.3 Waiver: No waiver by the Company of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach.

10.4 Assignment: This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. The Client may not assign this Agreement without the Company's written consent.

10.5 Headings: The headings used in this Agreement are for convenience only and shall not affect the interpretation of any provision.

WEBSITE TERMS OF SERVICE

OVERVIEW

This website is operated by Oasis Mobile Phlebotomy, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Oasis Mobile Phlebotomy, LLC. Oasis Mobile Phlebotomy, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks as well as changes to conform to technical requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission from us. The headings in this agreement are included for convenience only and will not affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. The material is provided for general information only and should not be the sole basis for any decisions.

Historical information, which may not be current, is provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information. It is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice, and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. They may have limited quantities and are subject to return or exchange only as per our Return Policy.

We have made every effort to display product colors and images accurately; however, we cannot guarantee that your monitor's display of any color will be accurate.

We reserve the right to limit product sales to any person, region, or jurisdiction and to restrict quantities on a case-by-case basis. All product descriptions and pricing are subject to change without notice.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. Orders may be limited based on customer account, credit card, billing, or shipping address. In case of order cancellation or changes, we will attempt to notify you using the contact information provided.

You agree to provide current, complete, and accurate purchase and account information and to promptly update this information where necessary.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control or input. These tools are provided “as is” without any warranties or endorsements.

Use of any optional tools is entirely at your own risk, and you should review the third-party provider's terms before engaging with their services or features.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include materials from third parties. Third-party links may direct you to websites that are not affiliated with us.

We are not responsible for the content or accuracy of any third-party materials or websites, nor for any harm or damages related to transactions with third parties. Always review the third-party's policies before making any transactions.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us any comments, creative ideas, suggestions, proposals, or other materials (collectively, "comments"), you agree that we may edit, copy, publish, distribute, and use these without any obligation to you.

We are under no obligation to maintain the confidentiality of any comments submitted and reserve the right to remove content that is unlawful, offensive, threatening, or otherwise objectionable.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions regarding product details, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct such errors and update information without prior notice.

We have no obligation to update, amend, or clarify information unless required by law.

SECTION 12 - PROHIBITED USES

You are prohibited from using our site or its content for any unlawful purpose. This includes, but is not limited to, soliciting unlawful activities, transmitting harmful code, collecting personal information without consent, or engaging in any actions that may compromise the security or functionality of the Service.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products are provided "as is" without any warranties, expressed or implied.

Under no circumstances shall Oasis Mobile Phlebotomy, LLC, or its associates be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Oasis Mobile Phlebotomy, LLC and its affiliates from any third-party claims arising out of your breach of these Terms of Service or any applicable law.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it shall be severed from these Terms without affecting the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred prior to termination shall survive termination for all purposes.

These Terms of Service are effective until terminated by either you or us. You may terminate the Terms by ceasing use of our Services, and we reserve the right to terminate your access if you breach any provision of these Terms.

If we determine that you have failed to comply with these Terms, we may terminate your access without notice, and you will remain liable for all amounts owed up to the termination date.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, together with any policies or operating rules posted on the site, constitute the entire agreement between you and Oasis Mobile Phlebotomy, LLC, and supersede all prior understandings or agreements.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the 17th Judicial Circuit of Florida.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms at our sole discretion. Your continued use of our site following any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@oasisphlebotomy.com.