Terms of Service
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.
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
- 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;
- enter contracts binding upon you;
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.
BillTrim 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.
Costs and Billing
BillTrim places a $20 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 $20 hold per bill allows us to proceed
with the negotiations in good faith. The hold is released automatically within next few minutes. 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.
Cancellation of BillTrim Services
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 is not a Financial Advisor
BillTrim does not provide legal, financial, or tax advice. You are using any and all information and Materials available on the Web Site at your own
risk. You should consult with an accountant, attorney, and/or other professional adviser before making financial decisions.
Revisions and Errata
The Materials appearing on the Web Site could include technical, typographical, or photographic errors. BillTrim does not warrant that any of the
Materials are accurate, complete, or current. BillTrim may change the Materials at any time without notice. BillTrim does not, however, make any
commitment to update the Materials.
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.
You 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.
Governing Law, Venue and Attorney’s Fees
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.