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.
Terms
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.
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;
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use the materials for any commercial purpose, or for any public
display (commercial or non-commercial);
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attempt to decompile or reverse engineer any software contained on
the Web Site;
- enter contracts binding upon you;
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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.
Savings
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
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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.
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If BillTrim and/or its authorized agents cannot obtain lower rates
for your monthly bills, there is no cost to you.
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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
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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”).
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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.
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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.
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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.
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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.
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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
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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.
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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.
Links
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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.
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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.
Indemnity
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
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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.
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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.