The purpose of Complete Aligner Planning Service (“CAPS”) is to assist dental practitioners in providing aligner treatment plans and digital setups for their patients to ensure the best possible treatment outcomes. To achieve these outcomes, it is important that several terms and conditions are understood and agreed upon by the treating practitioner.
1. Terms and Conditions
The treating practitioner understands and acknowledges that they are solely responsible for the clinical treatment outcomes for their patient. CAPS cannot be held liable for any clinical outcomes, nor are able to assess any individual clinical situation presented or can assess and/or influence a patient’s behaviour.
CAPS cannot determine whether a patient should or should not be treated. The decision to treat a patient lies solely with the treating practitioner.
The patient has been informed of all the possible treatment alternatives available to them (including associated costs), clinical risks, common risks, and their obligations during and after treatment by the treating practitioner.
Once a case has submitted to CAPS for treatment planning and/or advice, payment is required and is payable regardless of whether the advice given by CAPS is accepted by the treating practitioner and/or whether treatment goes ahead with the patient.
Once a case has been submitted to CAPS, the treating practitioner will be charged a single fee that shall be payable if the patient does not go ahead with treatment or if treatment is cancelled.
The treating practitioner is responsible for the final approval to order aligners from the relevant aligner company and for any fees incurred relating to the ordering of aligners.
It is the responsibility of the treating practitioner to understand and know how to use all software that is required for providing optimum patient treatment.
It is the responsibility of the treating practitioner to know how to undertake all the clinical procedures required inpatient treatment.
It is the responsibility of the treating practitioner to acknowledge and understand the terms and conditions of any third party they establish a relationship with. Any third-party relationship is independent of CAPS and therefore CAPS cannot be held liable for any external relationship that the treating practitioner establishes.
For each case submitted, the treating practitioner shall ensure the records provided are of an adequate standard.
The relationship between CAPS and the treating practitioner is on a case-by-case basis. Both CAPS and the treating practitioner have the right to end the relationship with no financial penalties at any time, providing all outstanding fees have been paid by the treating practitioner. If the practitioner has a credit on their account, from unused case fees, for example, they can be used at any time by the treating practitioner but cannot be refunded.
CAPS cannot be held liable for any financial responsibilities that the treating practitioner may have with any other company.
CAPS cannot be held liable for any perceived effects that the treating practitioner may believe have occurred in their practice due to the relationship with CAPS.
2. Umbrella Agreements and General Agreements
Treating practitioners can sign up as a client of CAPS under either of the following agreements: General Agreement, or Umbrella Agreement.
The Umbrella Agreement option is available for Invisalign and/or AngelAlign cases and is solely at CAPS discretion (currently not available to Corporate Groups). The Umbrella Agreement allows CAPS to include the treatment planning /digital setup fee in the aligner cost for many (but not all) of the different treatment options
The treating practitioner must agree to the below terms:
All Invisalign and AngelAlign cases submitted by the treating practitioner must be through the membership account, whilst the membership agreement is in effect. This means that all fees from Invisalign and AngelAlign treatments will be billed to, and paid by, CAPS.
If the membership agreement ends for any reason, any discounts and additional services provided by will cease immediately and the treating practitioner will no longer be associated with the Umbrella Account. All Invisalign or AngelAlign fees and any other fees incurred will also be directed back to the treating practitioner.
Any lab fee debt with Invisalign or AngelAlign must be paid before merging the account over to Umbrella Account.
Invoices will be sent and must be paid within 14 days of the invoice date. Payments must be made using Direct Debit, which can be set up by the treating practitioner on the first invoice. All future invoices, after the first invoice, will be automatically debited on their due date.
The General Agreement allows the practitioner to utilise CAPS to provide treatment planning /digital setup services for Smilestyler and Suresmile. Treatment planning and digital setup services for Invisalign and AngelAlign will also be available under the General Agreement, however, the practitioner will be charged a treatment planning fee on case submission and will require credit card payment to proceed. If the practitioner is provided the option to pay via invoice, then an invoice will be sent and must be paid within 14 days of the invoice date. Payments must be made using Direct Debit, which can be set up by the treating practitioner on the first invoice. All future invoices, after the first invoice, will be automatically debited on their due date.
3. Obligations of CAPS
CAPS will commit to providing the initial treatment plan and digital setup appropriate for any cases being considered for treatment.
CAPS will endeavour to provide advice in achieving a successful treatment outcome for each practitioner.
CAPS will ensure any correspondence and information supplied to them are kept private and confidential unless it is required by law to disclose.
CAPS shall commence treatment planning on a case, within 96 hours of the case being submitted. CAPS shall present a detailed treatment plan in a timely manner, to ensure both the treating practitioner and patient are not kept waiting.
CAPS will respond to all communication in a timely manner.
CAPS will assist with explanation of the portal and provide support in establishing the treating practitioner’s private access to the CAPS portal.
4. Warrants of the Practitioner
The Practitioner warrants to CAPS that:
He/she has read and will comply with his/her obligations under the Aligner Company Terms and Conditions.
He/she is an accredited and registered Dental Practitioner with APHRA
He/she has a dedicated individual doctor portal to the nominated system and is an accredited Practitioner of the nominated system
He/she has the power and authority to enter and perform their obligations under this Agreement.
He/she will pay the fees to CAPS for provision of the services prior to CAPS performing the services, and any adjustments being made by CAPS. This includes any of the digital set up, submissions, or any other items ordered through their dedicated portal or site.
He/she has the authority to provide CAPS with access to their D.S (Doctor Site) Portal for the provision of the Services.
He/she is liable for anything that occurs in relation to CAPS access to the portal for the provision of the services.
He/she must be the one to finally approve a case for the commencement of treatment
He/she is liable for the outcome of the case.
He/she is not aware of anything which could affect their ability to comply with the terms of this Agreement.
There is nothing in relation to the Practitioner which would adversely affect CAPS business or reputation.
5. Indemnity Clause
The Practitioner indemnifies CAPS, and any employee, officer, contractor, or agent of CAPS and holds CAPS and its Associates harmless from and against:
1. Any loss which may be asserted against or suffered or incurred by CAPS and its Associates in any way from or in connection with:
i. The Provision of the Services;
ii. A breach of this Agreement by the Practitioner;
iii. Acts or Omissions (including negligence) of the Practitioner;
iv. Any violation of Applicable Laws by the Dentist, whether before, on or after the date of this Agreement, or;
v. Any breach of privacy obligations or unauthorised access to the Portal or the Patient Medical Information or other information.
2. Any claim by any person against CAPS to the extent that such a Claim arises out of:
i. A breach of this Agreement by the Practitioner;
ii. Acts or Omissions (including negligence) of the Practitioner or;
iii. Any breach of privacy obligations or unauthorised access to the Portal or any Patient Medical Information or other information
3. Any Claim by any person against the Dentist that arises out of or in connection with the access and use of the Portal by CAPS, and any employee, officer, contractor, or agent of CAPS
6. Limitation of Liability
CAPS and its Associates are not liable to the Practitioner or to any other person for any indirect, incidental, special, exemplary or consequential loss or damage, loss of profits or anticipated profits, loss of revenue, economic loss, loss of business opportunity, or damage to goodwill arising from the provision of Services or otherwise.
The Practitioner acknowledges and agrees that he or she is solely liable for reviewing and approving any and all Digital Setups and shall hold harmless CAPS from all Claims by any person against the Practitioner that arises out of or in connection with any Initial (first submission) Digital Setup or subsequent adjustments required if necessary for Clincheck or Digital Setup Refinements. The Practitioner acknowledges and agrees that the ultimate responsibility for a Case and any adjustments made shall rest entirely with the Dentist once the case is approved by the Practitioner and fabrication of aligners begin with their proposed company.
CAPS liability, in the event of any default by OrthoED and its Associates under this Agreement, shall be limited to the extent allowed by law and to the extent liability cannot be excluded at law, limited to the re-provision of the Services or the refund of Fees.
7. Refund of Fees
In the event a case does not proceed with final approval of the setup and aligner fabrication –the practitioner will be responsible for the treatment planning fee of $450 plus GST
If any fees are in credit, there will be no refund of fees but the credits will be valid for a period of 12 months.