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. UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME EMAIL OR, IF YOU DO NOT RECEIVE A WELCOME EMAIL BECAUSE YOU DO NOT HAVE AN EMAIL ADDRESS, WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR ENROLLMENT PACKAGE.
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. 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 thatSilverBills®’ 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 the Member may be responsible for payment. 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 sentor 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 such Bills on Member’s behalf and confirm the accuracy of such bills according to customary and reasonable standards. SilverBills®’ will contact each vendor and alert them to send such bills to SilverBills®’ going-forward. Member has also sent 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®’isrequired 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 shallprovide 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®’ have 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 BillPay feature (“Credit Card Bill Pay”) of our Services. To sign up for Credit Card Bill Pay, you must provide us with the account credentials (“Account Credentials”) for your eligible financial account(s) at participating third party institutions, and authorize SilverBills®’ to use your Account Credentials to directly access your account data at these third-party companies (“Account Information”). By using the Credit Card Bill Payfeature 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 SOLE AND LIMITED PURPOSE OF OBTAINING YOUR ACCOUNT INFORMATION TO PROVIDE THE SERVICES TO YOU.
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 youownsMember’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 younotify 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 continueuntil 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.
- 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
You agree that SilverBills®’ may use your Personal Information in accordance with our Privacy Policies, which are available here and are incorporated by reference into these Service Terms. You expressly authorize SilverBills®’, its agents, and its employees to obtain various information and reports about you as SilverBills®’ deems reasonably necessary or desirable in the course of performing the Services. SilverBills®’ may share your Personal Information with any other person registered on your SilverBills®’ account. You, individually expressly authorize SilverBills®’, its agents, and its employees to take any steps necessary to implement the Services, including, but not limited to, completing and executing any documents, communicating with third parties, and acting as a personal representative to the fullest extent permitted by law.
- 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.
- 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
UNLESS OTHERWISE EXPLICITLY STATED, SILVERBILLS®’, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, 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, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), 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, 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.
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 breach of these Service Terms, or your violation of any law or regulation, or 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 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. 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 the 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.