AFRIDOKTA PHARMACY SERVICES AGREEMENT

This agreement is entered into between AfriDOKTA.com, a telemedicine services organization, whose principal place of business is located at 9206 NW 23rd Lane, Gainesville FL 32606 USA and Stables Suite 9, Ngong Road, Karen, PO Box 72519-00200 Nairobi, Kenya (hereinafter “ATS”) and , (hereinafter “Pharmacy”) .

Whereas, ATS is a telemedicine services provider that facilitates the electronic submission of prescriptions by its license medical professionals for its patients or users from pharmacies that register on the ATS platform and therefore agree to fill these prescription for the patients on behalf of ATS;
And,
Whereas, Pharmacy is duly licensed as a pharmacy in Kenya and East Africa; and, Whereas, ATS desires to engage Pharmacy to provide pharmacy services, as specified in this Agreement, to Eligible Patients and to legally qualified health care providers affiliated with ATS.
Now, therefore, the parties agree as follows:

1. Covered Drugs:

The prescription outpatient drugs covered by this Agreement (hereinafter “Covered Drugs”) are listed on Attachment uploaded by the pharmacy during registration. Both parties agree that ATS may add or remove Covered Drugs from the attachment at its sole discretion during the life of this Agreement.

2. Purchase and Shipment of Drugs:

Pharmacy(ies) shall monitor inventory of Covered Drugs and maintain sufficient supplies of such drugs to meet the day-to-day needs of Eligible Patients. No later than the 28th of each month, Pharmacy will provide ATS with a dispensing report which lists all prescriptions filled for Eligible Patients under this Agreement, including the Eligible Patient, drug name, strength, and quantity of the drug dispensed. Such report shall also include a summary of the usage of Covered Drugs by product (including drug name, strength, manufacturer, and quantity) for the preceding calendar month.

3. Tracking System:

The parties to this Agreement understand that ATS must establish and maintain a tracking system suitable to prevent the diversion of Covered Drugs to individuals who are not Eligible Patients. (E.g. a periodic sample comparison of Eligible Patient prescriptions with the dispensing records and a six-month comparison of purchasing and dispensing records.) Pharmacy shall permit ATS or its duly authorized representatives to have reasonable access to Pharmacy’s facilities and records during the term of this Agreement in order to make periodic checks regarding the efficacy of their tracking system. Pharmacy agrees to make any and all adjustments to the tracking system which ATS advises are reasonably necessary to prevent diversion of Covered Drugs to individuals who are not Eligible Patients. ATS will report pharmacy violations, if any, immediately upon discovery and disclose their corrective plan.

4. Prescriptions:

Pharmacy shall dispense Covered Drugs, on behalf of ATS, only in the following circumstances: (a) Upon presentation of an electronic prescription delivered via email and or mobile phone text message form bearing ATS’s name, the Eligible Patient’s name, a designation that the patient is an Eligible Patient, and the electronic signature of a legally qualified health care provider affiliated with ATS.

5. Pharmacy Services:

Pharmacy shall provide the following services:
(a) Dispensing Covered Drugs to Eligible Patients in accordance with all applicable country statutes and regulations;
(b) Maintaining all records and reports required under this Agreement, and by any applicable country law and regulations. Such records shall be retained for not less than 3 years after the expiration of this Agreement or 5 years from date of service, whichever is greater, and shall be available for inspection or audit by ATS as otherwise permitted by law and this Agreement;
(c) Eligible Patient drug utilization review;
(d) Formulary maintenance, including providing drug-related information services to ATS clinical personnel, consulting with ATS on the purchase of Covered Drugs if needed, and identifying and disposing of Covered Drugs in its inventory which are out of date;
(e) Maintaining Eligible Patient drug profiles;
(f) Counseling and advising Eligible Patients consistent with the rules, limitations and privileges incident to the pharmacist-patient relationship.
Pharmacy is an independent contractor and shall be solely responsible for its acts and omissions regarding advice and services it is required to provide to Eligible Patients and ATS. Pharmacy agrees to render all services provided under this Agreement in accordance with professional standards applicable to pharmacy services and in accordance with rules and regulations of the Kenya and the local country Board of Pharmacy. Pharmacy shall have the right to refuse to serve any Eligible Patient where such service would violate any statute, regulation, or professional standards applicable to pharmacy services. Pharmacy shall notify ATS of any refusal of service within twenty four (24) hours of such refusal.

6. Pharmacy site:

Pharmacy agrees it will provide pharmacy services contracted for under this Agreement at ,

7. Payment for Services:

ATS patients will pay Pharmacy directly for Pharmacy Services in accordance with the retail prices uploaded in the list of covered drugs unless otherwise notified by ATS. ATS and Pharmacy have freely negotiated the payment terms provided herein and neither has offered or received any inducement or other consideration from the other party for entering into this Agreement. The compensation to be paid to Pharmacy is consistent with fair market value in arms-length transactions for Pharmacy Services and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties.

8. Patient Choice:

Pharmacy understands and agrees that Eligible Patients of the ATS may elect not to use Pharmacy for pharmacy services. The patient may fill the prescription from the pharmacy provider of his or her choice. Subject to a patient’s freedom to choose a provider of pharmacy services, ATS will inform Eligible Patients that they are eligible for a discount on Covered Drugs if obtained at Pharmacy.

9. Quarterly Reports:

Pharmacy shall provide ATS with quarterly financial statements relating to ATS patients and a summary of receiving and dispensing records in a form satisfactory to both parties, typically but not limited to the dashboard in ATS.

10. Audits:

Pharmacy understands and agrees that both Pharmacy and ATS are subject to audit by the Public Health Service and by drug manufacturers who may wish to verify the authenticity of their supplied medication with a view to keeping patient safety the utmost priority.

11. Non-Assignment:

This Agreement may not be assigned by either party without the prior written agreement of the other party.

12. Term and Termination:

This Agreement shall commence on 26/05/19 , and shall continue thereafter until terminated by
(a) Mutual agreement of the parties;
(b) Thirty (30) days prior written notice by either party;
(c) ATS, immediately and without prior notice, upon a material breach of this Agreement by Pharmacy including notification that the Pharmacy has supplied false or adulterated medication to ATS patients. Without limiting ATS’s right to assert any other act or failure to act as constituting a material breach by Pharmacy, Pharmacy’s dispensing of a Covered Drug to an individual who is not an Eligible Patient or any other diversion of a Covered Drug shall be deemed to be a material breach. ATS’s waiver or failure to take action with respect to Pharmacy’s failure to comply with any term or provision of this Agreement shall not be deemed to be a waiver of ATS’s right to insist on future compliance with such term or provision.

13. Choice of Law:

This Agreement shall be interpreted according to the laws of the nation of Kenya and the East Africa community.

14. Entire Agreement:

This Agreement represents the entire understanding of the parties. There are no other agreements or understandings between the parties, either oral or written, relating to Covered Drugs. Any amendments to this Agreement shall be in writing and signed by both parties.

Accept Terms and condition