Terms of Service

1. Acceptance of Terms

Welcome to Bastion Assessments. By accessing our website or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Bastion Assessments Inc. ("we," "our," or "us"). We reserve the right to modify these Terms at any time, and your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

2. Services Provided

Bastion Assessments provides HIPAA Security Rule Risk Assessment services for dental practices, including:

• Comprehensive risk assessment reports
• Prioritized remediation roadmaps
• HIPAA policy and procedure templates
• Expert debrief consultations
• Limited-term email support

Our services are designed to assess your practice's HIPAA readiness posture and provide actionable recommendations. We do not provide legal advice, and our services do not constitute legal counsel. You should consult with a qualified attorney for legal advice specific to your situation.

3. Scope and Limitations

3.1 Assessment Services

Our risk assessment is based on the information you provide to us through intake forms, uploaded documents, and communications. The accuracy and completeness of our assessment depends on the accuracy and completeness of the information you provide.

3.2 Not a Guarantee of Compliance

Our services do not guarantee HIPAA compliance or certification. HIPAA does not provide for formal "certification" or "compliance guarantees." Our assessment identifies readiness gaps and provides recommendations, but implementation and ongoing compliance are your responsibility.

3.3 No PHI Access

We are not your Business Associate under HIPAA. Our entire process is designed to be completed without accessing, storing, or processing Protected Health Information (PHI) or patient data. You must not provide us with PHI at any time.

3.4 Limited Support Period

Email support is provided for 30 days following delivery of your assessment report. Support is limited to questions about the assessment findings and recommendations. We do not provide ongoing compliance monitoring, implementation services, or technical support beyond the scope defined in your service agreement.

4. Client Responsibilities

As a client of Bastion Assessments, you agree to:

• Provide accurate, complete, and truthful information in all intake forms and communications
• Not provide any Protected Health Information (PHI) or patient data to us
• Review all deliverables promptly and notify us of any errors or concerns within 14 days of delivery
• Implement recommended remediation measures at your own discretion and responsibility
• Maintain ongoing HIPAA compliance efforts independently or with other qualified professionals
• Not misrepresent our services or findings to regulatory authorities, clients, or third parties

5. Payment Terms

5.1 Pricing

Service pricing is as displayed on our website at the time of purchase. All prices are in US dollars unless otherwise specified. Prices are subject to change, but any changes will not affect services already purchased.

5.2 Payment

Payment is due in full before we begin work on your assessment. We accept payment via credit card, debit card, or other methods as specified on our website. By providing payment information, you represent that you are authorized to use the payment method provided.

5.3 Refund Policy

Due to the custom nature of our services and the immediate value delivered upon completion, we do not offer refunds once work has begun. If you are dissatisfied with our services, please contact us within 14 days of delivery, and we will work with you to address your concerns.

6. Intellectual Property

6.1 Our Content

All content on our website, including text, graphics, logos, images, and software, is the property of Bastion Assessments Inc. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

6.2 Deliverables

Upon full payment, you receive a limited, non-exclusive, non-transferable license to use the assessment report, remediation roadmap, and policy templates for your internal business purposes only. You may customize the policy templates for your practice, but you may not resell, redistribute, or sublicense any deliverables to third parties.

6.3 Your Content

You retain all rights to the information and documents you provide to us. By submitting content to us, you grant us a limited license to use that content solely for the purpose of providing our services to you.

7. Confidentiality

We will treat all information you provide to us as confidential and will not disclose it to third parties except:

• As required by law or legal process
• To service providers who assist us in delivering our services (subject to confidentiality obligations)
• With your express written consent
• In anonymized or aggregated form that does not identify you

You agree to keep confidential any proprietary methodologies, templates, or processes we share with you as part of our services.

8. Limitation of Liability

The services provided by Bastion Assessments Inc., including the Guardian Package and any associated deliverables, constitute advisory risk assessment services only. Our assessments, reports, remediation roadmaps, policy templates, and recommendations are informational tools designed to assist your practice in identifying and addressing potential HIPAA-related risks.

Bastion Assessments Inc. is not a law firm, does not provide legal advice, and does not certify, guarantee, or warrant HIPAA compliance. Our services do not constitute a legal audit, certification, or guarantee of regulatory compliance. Completion of a Bastion assessment does not guarantee immunity from regulatory inquiry, enforcement action, or penalties by the U.S. Department of Health and Human Services Office for Civil Rights (OCR) or any other regulatory body.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO WARRANTIES: Our services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• LIMITATION OF DAMAGES: In no event shall Bastion Assessments Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to our services.
• MAXIMUM LIABILITY: Bastion Assessments Inc.’s total liability for any claim arising from or related to our services shall not exceed the total fees paid by the client for the specific service giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Bastion Assessments Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your provision of inaccurate or incomplete information
• Any claim that your use of our services caused harm to a third party

10. Termination

We reserve the right to refuse service or terminate our relationship with you at any time for any reason, including if we believe you have violated these Terms or provided false information. Upon termination:

• Your right to use our services will immediately cease
• We will provide any deliverables completed up to the point of termination
• No refunds will be provided for services already rendered
• Sections of these Terms that by their nature should survive termination will continue to apply

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

11.2 Dispute Resolution

The parties agree to resolve disputes through the following sequential process:

Negotiation. The parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation between senior representatives of each party.

Mediation. If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator.

Arbitration. If mediation fails to resolve the dispute within sixty (60) days of its commencement, any remaining dispute shall be resolved through binding arbitration administered under the rules of the ADR Institute of Alberta. The arbitration shall be conducted remotely via videoconference unless both parties agree otherwise. Each party shall bear its own legal costs, and the arbitrator’s fees shall be split equally between the parties. The decision of the arbitrator shall be final and binding.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Bastion Assessments Inc. regarding our services.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.

13. Contact & Notices

For questions about these Terms of Service, or to direct any legal notices, please contact us: