Terms & Conditions
These Web Site Terms and Conditions of Use (“Terms and Conditions”) govern your (“You” or “you”) use of BillTrim, LLC’s Web Site (the “Web Site”). These Terms and Conditions are subject to change by BillTrim, LLC (“BillTrim”) at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated: March 1st, 2016.
By accessing this web site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in or accessible within the Web Site, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the Materials
on the Web Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license is nonexclusive, non-transferable, limited, and revocable. Under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Web Site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by BillTrim at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession, custody, or control regardless of format.
- You acknowledge and agree that the Materials accessible within the Web Site are the proprietary information of BillTrim, and BillTrim retains all right, title, and interest in the Materials. Accordingly, you will not reproduce, transmit, publish, or distribute such Materials to any third-party without the express written consent of the BillTrim except that you may print a copy of Materials solely for your personal, noncommercial use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
- The materials on the Web Site are provided “as is”. BillTrim makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BillTrim does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Web Site or otherwise relating to such Materials.
- Bill Trim sometimes receives bills that are on a promotion plan that is about to expire. For e.g. you are signed up for a 12-month plan paying $60 per month for internet services. At the end of the promo the provider increases your rate to $90 per month. Even though we receive a $60 bill from you to negotiate, if your bill is set to increase to a higher rate due to a promo expiration in the next billing cycle we will count the negotiating starting point at the higher dollar amount. For example in the above scenario if when we call the provider we get your bill down from the soon-to-be increased rate of $90 down to $70 that counts as a $20 savings per month and not a $10 increase from $60 to $70.
5. LimitationsIn no event shall BillTrim, its suppliers, or its authorized agents be liable for any special, consequential, exemplary, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services of BillTrim, even if BillTrim or a BillTrim authorized representative has been notified orally or in writing of the possibility of such damage. In no event will the collective liability of BillTrim, its suppliers, and its authorized agents to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount User has paid to BillTrim for the applicable service out of which the liability arose.
- utilize the name and any and all account information provided to or that is available to BillTrim to negotiate billing rates with your service providers;
- negotiate with your monthly service provider(s) as an agent on your behalf;
- accept or reject agreements;
- enter contracts binding upon you; and
- act in any way necessary to accomplish the goal of obtaining lower rates for your monthly bills subject to any instructions provided in advance to BillTrim by You in writing.
8. SavingsBillTrim will work to negotiate the best possible rate(s) for the bill(s) you provide to us and on which it agrees to negotiate. Where BillTrim and its authorized agents cannot reduce your monthly rate(s) there will be absolutely no charge for services. BillTrim cannot guarantee and does not promise it can obtain lower rates or savings during negotiations on your behalf.
- BillTrim places a $50 credit card hold (aka pre-authorizing a card) per uploaded bill when a customer submits their credit card. The hold allows BillTrim to ensure payment will be rendered once negotiation services are completed. This is similar to how the hotel industry places holds on cards to ensure future payment. BillTrim incurs costs in deploying resources to negotiate bills whether we are able to lower the bills or not. The customer is charged only after negotiations are completed and only if we are able to lower the bill(s). The $50 hold per bill allows us to proceed with the negotiations in good faith. The hold is released automatically within a week. BillTrim is not responsible for any overdraft charges that result from customer going negative in their bank account balance.
- If BillTrim and/or its authorized agents cannot obtain lower rates for your monthly bills, there is no cost to you.
- If BillTrim or its authorized agents can obtain a lower rate for your monthly bill on an ongoing basis, you agree to pay the total sum of 25% of your annual savings for the duration of the savings. For e.g. if we get you savings that last 2 years, we assess a fees of 25% of the two years worth of savings. Savings will be calculated as the difference between the rate of the bill when BillTrim initiates negotiations with your provider or providers on your behalf or the rate your bill is about to revert to because of an existing promotion is about to roll off within the next 60 days whichever is higher (“Current Rate”) and the renegotiated rate achieved by BillTrim (“New Rate”) including any one time credit and or cancellation of late fee. If the Current Rate differs from the rate shown on the bill you initially submit to BillTrim when you sign up, savings will be calculated from the Current Rate, rather than the bill submitted. Any discounts previously applied to your bill, but that are no longer in effect when BillTrim initiates negotiation because of a scheduled increase, the end of a promotion, or any other reasons, will not be included in the Current Rate
- At the end of the promotion that BillTrim has secured, if your rate rises because of the end of a promotion or any other reason, and you would like BillTrim to renegotiate a lower rate for the account again, you will be charged 25% of annual savings thereafter. The savings will be calculated as the difference between the rate of the bill when BillTrim initiates the second round of negotiations with your provider or providers on your behalf (“Current Rate”) and the second renegotiated rate achieved by BillTrim (“New Rate”).
- BillTrim will send an email or text depicting the final amount owed. The payment is charged to the customer’s credit card on file upon successful completion of negotiation of any bill. This is a one-time fee per bill unless we re-negotiate it again in the future.
- Payment is due within fourteen (14) business days of the invoice date. Failure to make a timely payment may result in a late fee of five dollars ($5) per month for each month in which your account is in arrears.
- If the savings shown on the invoice are not accurate, you must notify BillTrim within thirty (30) days of receiving your BillTrim invoice. BillTrim will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, BillTrim will adjust your amount due accordingly.
- BillTrim reserves the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If BillTrim must engage a collection agency or report your debt to credit bureau(s), BillTrim may charge a processing fee of $25 or more, subject to the maximum charge allowed by law.
- If BillTrim accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.
- You may discontinue services with BillTrim at any time by notifying BillTrim through electronic mail, phone, or U.S. mail. Cancellation is effect when the e-mail, call, and/or letter is received by BillTrim. Cancellation does not waive outstanding balances on your account, and BillTrim reserves the right to request payment in full for services rendered.
- BillTrim reserves the right to cancel your account with BillTrim at any time for any reason and request payment in full for services rendered through the date of cancellation.
- BillTrim has not reviewed all of the sites linked to the Web Site, nor has it verified the accuracy or suitability of any information in any such sites. BillTrim is not responsible for the contents of any such linked site. Including any link does not imply endorsement by BillTrim of the site. Use and/or access of any such linked web site is at your own risk.
- BillTrim does not operate, control or endorse any information, products, or services on the Internet in any way, except for information, products, or services clearly identified as being supplied by BillTrim. BillTrim cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. BillTrim assumes no responsibility or risk for your use of the Internet.
14. IndemnityYou will defend, hold harmless, and indemnify BillTrim, its owners, officers, directors, members, employees, contractors, suppliers, and its authorized agents (collectively the “Indemnified Parties”) from any breach of these Terms and Conditions by You, including any use of Materials other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability for any such breach or unauthorized use, and You agree to defend, hold harmless, and to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site.
- This Agreement shall be governed by and construed under the laws of Texas, without giving effect to the conflict of law provisions thereof. The parties agree that none of them shall commence any legal or equitable proceedings against the other except in, and each submits to the jurisdiction of, either the state courts in Harris County, Texas, or the federal courts in the United States District Court for the District of Texas. Each party irrevocably waives, to the fullest extent permitted by law, all objections they may now or hereafter have to the venue of any such proceeding brought in any such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum.
- In any action or proceeding by which BillTrim either seeks to enforce its rights under these Terms and Conditions or seeks a declaration of any rights or obligations under this agreement and is the prevailing party, BillTrim shall be awarded its reasonable legal fees, together with any costs and expenses, in connection with such proceeding, including those incurred on appeal or to enforce the final judgment, as well as any other relief to which it may be entitled at law or equity.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
- We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain your written consent or as required by law;
- We will only retain personal information as long as necessary to fulfill those purposes;
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned;
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date;
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification;
- We will make readily available to BillTrim’ customers information about our policies and practices relating to the management of personal information; and
- We may permit certain third party companies to help us tailor advertising we believe may interest users and to collect and use other data about user activities on our Sites and/or Services (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior. To opt out of having your personal information affect the serving of Google AdWords, visit https://www.google.com/ads/preferences/.
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