The SilverBills®’ Service Terms and Conditions (the “Service Terms”) are a legally binding agreement between SilverBills®’ LLC (“SilverBills®‘”, “we”, “our” or “us”) and you (“you”, “your” or “yours”), and describe the terms under which you agree to use the SilverBills®’ bill paying services (the “Services”) and any other service or product which may be made available to you by SilverBills®’ for which you have registered or enrolled or have been registered or enrolled by an authorized third party (collectively the “Services” and individually a “Service”). In these Service Terms, SilverBills®’ may use the term “Member” which refers to a customer that is enrolled in one of our fee-based Services, and the term “Monitor” shall refer to an adult that is 18 or older and is serving to monitor the SilverBills®’ account of a Member of SilverBills®’ with that Member’s permission.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SERVICE TERMS. FURTHER, IF YOU ENROLL IN OR USE OUR SERVICES, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL ACCOUNTS.
IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES.
DEPENDING ON YOUR OFFER, YOUR MEMBERSHIP MAY HAVE AN INTRODUCTORY OFFER. AFTER THE INTRODUCTORY OFFER EXPIRES, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE APPLICABLE THEN-CURRENT PRICE DEPENDING ON YOUR SELECTION (E.G., MEMBERSHIP TIER/LEVEL, ETC.) UNTIL CANCELLED BY YOU. THE THEN-CURRENT RENEWAL PRICE IS SUBJECT TO CHANGE BUT SILVERBILLS®’ WILL NOTIFY YOU IN ADVANCE OF ANY CHANGES. PLEASE NOTE THAT YOU MUST KEEP YOUR EMAIL ADDRESS, PHONE NUMBER AND MAILING ADDRESS UP TO DATE FOR PURPOSES OF RECEIVING SUBSCRIPTION NOTIFICATIONS AND YOU HEREBY WAIVE YOUR TO RIGHT TO RECEIVE SUCH NOTICES IF YOU DO NOT PROVIDE A VALID EMAIL ADDRESS, PHONE NUMBER AND/OR MAILING ADDRESS. IF YOU WISH TO CANCEL THE SERVICES, YOU MUST CALL 1-866-653-4427.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE SERVICE TERMS. SILVERBILLS®’ MAY CHANGE, UPDATE, ADD OR REMOVE PROVISIONS OF THESE SERVICE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR SITE. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE SERVICE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED SERVICES TERMS YOU MUST STOP USING THE SERVICES.
- Enrolling in SilverBills®’ Services – Members
Depending upon the Services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), SilverBills®’ may permit you to be enrolled (i) by telephone, (ii) on our Site, (iii) by some other method SilverBills®’ expressly permits, or (iv) by a third party who is authorized to provide your Personal Information (hereinafter defined) to enroll you on your behalf (collectively, the “Enrollment Process”). In order to enroll in, register for and receive one or more Services, you must provide us with the full and accurate personal information that SilverBills®’ requires for the applicable Services, which may include without limitation your name, address, telephone number, email address, date of birth, driver’s license number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, “Personal Information”). You agree to keep all Personal Information updated and accurate. In the event that SilverBills®’ does not receive all the required Personal Information during your Enrollment Process, you agree that SilverBills®’ may, in our sole discretion, use our data base, the data base of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf. If SilverBills®’is unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled or registered from us may be limited or unavailable. A Monitor may enter the above information for a Member of the Services; provided however, the Member is responsible for the accuracy of the information and assuring that it is up to date.
Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled or registered.
- Enrolling in SilverBills®’Services – Monitors for Members
SilverBills®’ may make certain features and Services available to Monitors. These Services may include the ability to receive SMS text messages, email, push notifications and other notifications from the Services (the “Mobile Alerts”).
Monitors are not required to enroll as a Member; however, Monitors may still be required to register with us and may need to provide permissions for us to contact them via SMS text messages, email, push notifications or automated telephone recordings to fulfill the Services. To register for Services, you must provide us with certain information, including your name, mobile telephone number and email address, and must also create a username and password. Members enrolled by their Monitor for our Services will be asked to accept these terms and conditions as well as confirm their agreement to such terms and conditions.
- Scope of Services
SilverBills®’ shall provide the following Services: Member has sent or will send either paper copies of Member’s bills, emailed PDFs of Member’s bills, faxed facsimile copies of Member’s bills or texted JPEGs of Member’s Bills via SMS text messages (the “Bills”) to us. After initial receipt of each of Member’s bills, going forward, SilverBills®’shall receive Bills on Member’s behalf and confirm the accuracy of the Bills according to customary and reasonable standards. SilverBills®’ will contact each vendor and alert them to send Bills to SilverBills®’ going-forward. Member has sent or will send a hard copy or transmitted the image of a voided check from Member’s bank account (“Member’s Bank Account”). When possible, SilverBills®’ shall arrange for direct payment to the payees listed on such Bills (the “Payees”) from Member’s Bank Account.
- Manual Payees. Member acknowledges that Member may have certain Payees that cannot receive payment through an electronic ACH payment (the “Manual Payees”). If Member has any bills with Manual Payees, SilverBills®’ shall establish an escrow account for Member (“Member’s Escrow Account”). In such case, SilverBills®’ shall debit the amount necessary to pay the Manual Payees and transfer funds sufficient to pay the Manual Payees into Member’s Escrow Account and pay the Manual Payees from Member’s Escrow Account. Member shall complete a form W-9 in connection with Member’s Escrow Account so that SilverBills®’ can provide the W-9 to the bank where Member’s Escrow Account is held (the “Escrow Bank”). If SilverBills®’ is required to establish Member’s Escrow Account, Member acknowledges and agrees that additional fees will be due to the Escrow Bank which fees vary based on the deposit amount up to the amount of Thirty and 00/100 Dollars ($30.00) per month. Member agrees to pay this additional amount monthly.
- Authorization to Contact Payees and Access Bills. Member authorizes SilverBills®’ to contact the Payees and either (i) have all Bills generated by the Payees emailed to SilverBills®’; or (ii) if the Payee does not have the ability to generate electronic bills, shall direct Payee to send paper bills to us. Member hereby authorizes SilverBills®’ to speak and otherwise communicate with Payees and other parties with respect to the Services provided hereunder on behalf of the Member. Member hereby authorizes SilverBills®’ to download and save Member’s Bills and statements on Member’s behalf. SilverBills®’ shall scan and convert paper bills that are not emailed available digitally. Member hereby authorizes SilverBills®’ to establish a discreet email account for Member on Member’s behalf. Member hereby grants SilverBills®’ the authority to open and send emails on Member’s behalf from Member’s email account in connection with the Services.
- Bill Access. SilverBills®’ shall provide secure online access to Member and/or Monitor to Member’s bills if requested by Member.
- Sufficient Funds. Member shall ensure that there are sufficient funds in Member’s Bank Account to provide for adequate payments to the Payees, the Manual Payees and SilverBills®’’service charge.
- Changes in Payees. Member may at any time, by written authorization, add additional Payees or delete Payees. To add an additional Payee, Member shall provide written notice to SilverBills®’ which notice shall contain the name of the new Payee and a copy of a previously paid bill. To delete a Payee, Member shall provide written notice to SilverBills®’ of the name of the Payee and indicate that Member no longer wishes to have SilverBills®’ pay the Payee’s bills on behalf of Member. Once the notice has been sent to SilverBills®’, SilverBills®’ will instruct the Payee to resume sending bills to Member’s mailing address and discontinue making payments to the Payee on Member’s behalf.
- Changes to the Services
SilverBills®’ reserves the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. SilverBills®’ may also modify the terms and conditions that apply to the features and your use of the Services. SilverBills®’ shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site. SilverBills®’ has no obligation to provide direct notice of any such changes. SilverBills®’ has the right to define eligibility criteria for the Services, and make changes to those criteria at any time.
If SilverBills®’modifies or updates the Service Terms and/or Service(s), you have affirmatively agreed to such changes by continuing to use the Service(s) and Site. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service. You can cancel the Service at any time.
- Credit Card Bill Payment
You may be eligible to use the credit card bill pay feature (“Credit Card Bill Pay”) of our Services. To sign up for Credit Card Bill Pay, you must provide us with the account credentials for your eligible financial account(s) at participating third party institutions (“Account Credentials”), and authorize SilverBills®’ to use your Account Credentials to directly access your account data at these third-party companies (“Account Information”). By using Credit Card Bill Pay and providing us your Account Credentials, you are expressly authorizing SilverBills®’ to access your Account Information on your behalf. You hereby grant SilverBills®’ a non-exclusive, royalty-free, fully paid-up, license to use your Account Information in order to provide our Services to you, and to prepare aggregated and anonymous data derived from your Account Information for our own internal use. If any of your Account Credentials change, you are responsible for providing updated Account Credentials to SilverBills®’; if you do not, SilverBills®’ will not be able to access your Account Information.
YOU ACKNOWLEDGE AND AGREE THAT WHEN SILVERBILLS®’ IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SILVERBILLS®’ IS ACTING AS YOUR AGENT FOR THE PURPOSE OF OBTAINING YOUR ACCOUNT INFORMATION TO PROVIDE THE SERVICES TO YOU.
- Payment for Our Services
After the first payment using your credit/debit card, SilverBills®’ will debit Member’s Bank Account using Bill.com. You hereby authorizes Bill.com, Inc., on behalf of SilverBills®’, to initiate entries to Member’s Bank Account that Member enters, or enables SilverBills®’ to enter, on the Bill.com, Inc. web site in order to pay amounts that Member owes to SilverBills®’ in accordance with instructions entered by SilverBills®’ on the Bill.com web site and, if necessary, to initiate adjustments for any transactions credited or debited in error. You represent that you own Member’s Bank Account, and have the authority to authorize all transactions to Member’s Bank Account that are initiated through Bill.com, Inc. You acknowledge that transactions initiated to Member’s Bank Account must comply with the provisions of U.S. law. This authorization will remain in effect until you notify Bill.com, Inc. in writing to cancel it in such time as to afford Bill.com, Inc. and the bank where Member’s Bank Account is held reasonable opportunity to act on it.
You further acknowledge and agree that, subject to our then current Member authentication procedures, another adult member enrolled on your account may authorize changes to the account, including without limitation to the form of payment, or to the Services including termination of membership or changes that may result in additional charges. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and SilverBills®’ may collect all applicable sales taxes.
- Term and Termination
The Service Terms shall continue and be in effect, in accordance with below. At any time, SilverBills®’ may terminate the Service and/or Service Terms upon notice, with or without cause. Unless cancelled and/or terminated, the Services shall automatically continue until the day prior to the one (1) year anniversary thereof. Notwithstanding the foregoing, the term of this Agreement shall automatically renew in one (1) year period increments, and you shall pay the applicable prices as published by us. As you authorized during the transaction for the Services, SilverBills®’ stored your payment method and will automatically renew and charge for the Services, until you cancel and/or terminate. In the case of changes in pricing, we will also notify you prior to any automatic renewal as described above.
- Members Enrolled and Transacted in Service(s) Directly with SilverBills®‘
- Members Enrolled in the Services Through a Third Party
SilverBills®’ may terminate the Service and/or Service Terms upon notice, with or without cause. If SilverBills®’ terminates without cause, SilverBills®’ will refund a pro-rata portion of any fees already paid directly to us by Members for Services that have yet to be provided.
You may cancel the Service at any time. Unless otherwise stated in your Service offer, if you cancel the Service and request a refund, SilverBills®’ will refund a pro-rata portion of any fees you have already paid directly to us for the Services that have yet to be provided. To terminate and/or cancel the Services, you must call 1-866-653-4427.
SilverBills®’ may terminate the Service Terms at any time upon notice to you, with or without cause. If you have enrolled in or obtained your membership to the Service(s) through a third party, and you wish to terminate the Service and/or Service Terms, you must notify that third party of your intent to terminate and/or cancel the Service(s); SilverBills®’ will terminate the Services and these Service Terms upon notice to us given by such third party.
- Ownership of Intellectual Property Rights
SilverBills®’ retains all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services, our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services. Further, your use of or access to our Site and to any content, materials, data or information available on or via our Site, is subject to the SilverBills®’ intellectual property statement, including its applicable provisions on intellectual property, feedback, submissions, and proprietary rights.
- Data Use
SilverBills may access, reproduce and use your Data to respond to service or technical problems, at your request, or otherwise in connection with the Services. “Data” as used in this Section means data or information submitted by you to the Services or made available by you via your provision of access to your accounts at third party service providers.
- Local Laws; Export Control
SilverBills®’ controls and operate Services from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are responsible for following applicable local laws. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Disclaimer of Warranties
We do not warrant, and we disclaim all responsibility and liability for (i) the accuracy or timeliness of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the operation or compatibility with any other application or any system or device; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; or (v) any errors or omissions in the Services, whether provided by us, our licensors or suppliers or other users.
UNLESS OTHERWISE EXPLICITLY STATED IN THESE SERVICE TERMS, SILVERBILLS®’, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, INCLUDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN OR WITH THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED IN THESE SERVICE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SILVERBILLS®’ DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
- Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SILVERBILLS®’, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SILVERBILLS®’HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT SILVERBILLS®’IS FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (a) ONE THOUSAND U.S. DOLLARS ($1,000) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These Service Terms and any Services provided hereunder will be governed by the laws of the State of New York and with respect to arbitration by the JAMS Rules, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. Except as otherwise expressly provided in these Service Terms, all arbitration and other litigation of any dispute between you and SilverBills related to these Service Terms shall be located in New York. Foreign laws do not apply.
- Arbitration and Class Action Waiver
- Informal Process First. You agree that in the event of any dispute between you and SilverBills, you will first contact SilverBills and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
- Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of SilverBills’ services and/or products, including the Services, will be resolved by arbitration. You and SilverBills agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of these Service Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Service Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Service Terms, you and SilverBills are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and SilverBills will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
- Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, SilverBills will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
- Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Service Terms by sending written notice of your decision to opt-out to [email protected] or to our U.S. mailing address at SilverBills LLC, 1333A North Avenue, #332, New Rochelle, NY 10804. The notice must be sent to SilverBills within thirty (30) days of your registering to use the Services or agreeing to these Service Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Service Terms. If you opt-out of these arbitration provisions, SilverBills also will not be bound by them.
You will indemnify and hold SilverBills®’ (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence or willful misconduct, your breach of these Service Terms or other unauthorized use of the Services, your violation of any law or regulation, or your violation of the rights of any third party.
- Other Rights
You understand and agree that your decision to pay any required payments for the Services and receive the Services under these Service Terms has been made by you and is provided by us as a convenience, and is not legally required.
Neither these Service Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Service Terms must be in writing, signed by SilverBills®’, and any such waiver shall not operate as a waiver of any future breach of these Service Terms. The section headings used herein are for reference only and shall not be read to have any legal effect. In the event any portion of these Service Terms is found to be illegal or unenforceable, such portion shall be severed from these Service Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Service Terms, and all documents incorporated into these Service Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. SilverBills®’ failure to enforce any of these Service Terms is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Service Terms. These Service Terms are solely and exclusively between you and SilverBills®’ and you acknowledge and agree that (i) no third party, including a third-party partner of SilverBills®’ is a party to these Service Terms, and (ii) no third party, including any third-party partner of SilverBills®’ has any obligations or duties to you under these Service Terms. These Service Terms represent the entire agreement between Us and You and supersede all prior negotiations, representations or agreements. Engagement of SilverBills®’ does not create an attorney-client relationship between you and SilverBills®’. The Services provided hereunder shall not constitute legal services and no provision contained herein creates an attorney-client relationship. Neither this Agreement nor the Services provided hereunder shall constitute legal advice. SilverBills®’ is not a law firm and is not acting as an attorney hereunder.