Terms of Use

TERMS OF USE OF Billpay of America, LLC

Introduction

This Web site is maintained by Billpay of America for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, talk back to, and otherwise use the site. At the same time, please remember that your access to the Billpay of America site is subject to the following terms, conditions, and notices (the “Terms”), as well as all applicable laws. By accessing and using the Billpay of America site, you accept the Terms without limitation or qualification. Billpay of America may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time. Billpay of America reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or users to all or any part of this site.

Downloading

You may download material displayed on the Billpay of America site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Billpay of America site you make and distribute for any purpose must also include these Terms. You may not distribute, modify, transmit, use, or reuse any of the contents of the Billpay of America site for any public or commercial purpose without the written consent of Billpay of America or any third party Billpay of America deems necessary. Anything you download, including the information and any images incorporated in the site, is licensed to you by Billpay of America for your personal noncommercial use. Because Billpay of America owns this site and its contents and Billpay of America can control access to it, you agree not to create any kind of hyperlink from any other site to the Billpay of America site unless you first obtain Billpay of America’s written permission.

Copyrights

You should assume everything on the Billpay of America site is copyrighted unless otherwise noted and may not be used except as provided in the Terms or with the express written consent of Billpay of America or any third party Billpay of America deems necessary. Billpay of America neither warrants nor represents that your use of the material displayed on the Billpay of America site will not infringe rights of third parties. Images of people or places displayed on the Billpay of America site are either the property of, or used with permission by, Billpay of America. Use of these images by you or other third parties is prohibited unless expressly permitted in the Terms or elsewhere on the Billpay of America site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Trademarks

The trademarks, logos, and service marks (the “Trademarks”) displayed on the Billpay of America site are the property of Billpay of America and other parties and may be registered and unregistered Trademarks of Billpay of America and others. Nothing contained on the Billpay of America site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Billpay of America site without the written permission of Billpay of America or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Billpay of America site is prohibited. Billpay of America reserves the right to enforce its intellectual property rights through civil and criminal proceedings.

Submissions

Apart from your personal information (which is addressed in the Privacy Policy), any and all communications or materials you send to the Billpay of America site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary. Anything you send to the Billpay of America site may be used by Billpay of America for any purpose including but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to BillpayofAmerica.com, you irrevocably transfer and assign to Billpay of America, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. Billpay of America is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Billpay of America site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services. By using this site, you may submit, or Billpay of America may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, Billpay of America is free to use such information for any purpose it deems appropriate.

No Warranties

There is no warranty that any information or service provided or referenced by this site is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. Except for any express warranties stated on this site, if any, the information and services provided or referenced on this site are provided “as is” and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. While Billpay of America uses reasonable efforts to include accurate and up-to-date information on the Billpay of America site, Billpay of America makes no warranties or representations as to its accuracy. Billpay of America may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Billpay of America site without notice. Billpay of America assumes no liability or responsibility for any errors or omissions in the content of the Billpay of America site. In fact, your use of the Billpay of America site is at your own risk. Neither Billpay of America nor any other party involved in creating, producing, or delivering the Billpay of America site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the Billpay of America site. For example, Billpay of America assumes no responsibility for, and will not be liable for, any damages from any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the Billpay of America site.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

Links

Billpay of America has not reviewed all of the sites which are linked to the Billpay of America site, and the existence of such links does not indicate our approval or endorsement of any material contained on any linked site. Billpay of America is not responsible for the contents of any site linked to the BIllpay of America site; your connection to any such linked site is at your own risk.

Bill Reduction Service (Lower My Bills link)

By Submitting personal or bill information to Billpay of America, you are authorizing Billpay of America and its staff to negotiate with your monthly service providers as a authorize person or agent on your account and on your behalf in an effort to lower your monthly bill amount with your service providers. You acknowledge and permit Billpay of America and its staff to use the information presented to us to negotiate billing rates and plans with your monthly service providers.

Billpay of America does not guarantee any savings on your monthly service accounts.

Once Billpay of America starts to negotiate with your monthly service providers on your behalf, you authorize and consent to Billpay of America changing monthly service plans if it doesn’t increase your service plans.

It is your responsibly to communicate in writing any restrictions you have for negotiating with your service providers on your behalf once you submit bill information to Billpay of America. If you do not communicate in writing what restrictions you may have, then it is understood that there are not any restrictions.

You agree to provide Billpay of America any information needed to access your account with your monthly service providers.

Some companies may require that you verbally authorize a Billpay of America staff to speak on your behalf . If this is required, you must call your provider and list Billpay of America as a company authorized to speak with on your behalf. If this is not done, Billpay of America cannot negotiate on your behalf.

The person who signs up with Billpay of America is the party in which is responsible for payment to Billpay of America if a savings is occurred regardless of the name on the service provider statement. You may submit bills on behalf of a third party, however the person submitting the bills and contacting us is responsible for any payments owed to Billpay of America.

Cost

There is no cost to use Billpay of America’s Bill Reduction program (Lower My Bills Link)

If Billpay of America saves you money on your bill, you agree to pay Billpay of America the percentage of your savings outlined on each service request link. Any savings beyond 2 years, these amount will not be factored into your total savings.

Billpay of America will invoice you the percentage outlined of your total savings on each service request link with the maximum saving being for 2 years. Payment plans are available up to 3 months for a one time service charge of $10.00. Payments are due with by the due dates that are set by Billpay of America. If payments are not received by the due date, you may incur a late fee up to $10.00 per month. We reserve the right to turn any unpaid balances over to collection agencies should balances be unpaid.

Billpay of America is not a financial adviser and does not provide any financial, legal or tax advice.

Rate Quotes & Availability of Product

Billpay of America operates and controls the Billpay of America site from its headquarters in Atlanta. We do not in any way imply that the materials on the site or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. By providing material on our Web site Billpay of America does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer.

The Billpay of America site is for informational purposes only. References to any of Billpay of America’s or affiliated companies’ products or services are not intended to constitute offers to sell or solicitations in connection with any product or service. Some products may not be available in all jurisdictions. Anyone interested in a particular product or service should contact customerservice@billpayofamerica.com to find out whether the service or product is available in their jurisdiction. It is up to you as a prudent reader to understand and determine on your own what you need to do in order to make informed decisions in connection with matters discussed on the Billpay of America site. Billpay of America is not an insurance company and does not guarantee any particular payout amount for financial assistance. Once financial assistance is paid out due to a claim, the membership plan will remain active, however, the new financial assistance benefits amount will vary from the length of time from the prior claim, the membership plan type, and a average monthly bill review. Prior to issuing financial assistance, Billpay of America will require 3 months of bills to review from the date of requesting assistance. Billpay of America reserves the right to request any 3 months of bills. Billpay of America will issue 1 check payment per claim. Members are able to allocate the financial assistance benefits to any expense as needed. In order to receive financial assistance benefits, the employer must be active/compliant and registered in the state in which it is conducting business.

Natural gas rate comparisons will compile natural gas rates in deregulated states. Natural gas rate comparisons will highlight the top natural gas rates. Natural gas rates are published by the Public Service Commission on the 5th of each month (Georgia). Rates will be compiled and highlighted along with promotional offered by the natural gas provider. Natural gas rate comparisons can be given to customers at any time of being an active member and do not need to be involuntary terminated to receive natural gas rate comparisons.

Natural gas rate renewal assistance gathers rates and promotional offers in deregulated states. Billpay of America will work on your behave with the natural gas provider in regards to renewing your natural gas rate and negotiating to lower your per therm rate. There is no guarantee that negotiating with your natural gas provider that your natural gas rate will be lowered. Natural gas rate renewal assistance can be given to customers at any time of being an active member and customers do not need to be involuntary terminated to receive natural gas rate renewal assistance.

Housing rental financial assistance will require involuntary termination documentation from the member’s employer and rental agreement from the rental company.

The financial assistance amount varies based on, but not limited to, the payment plan type, length of time as a

active member, and bill history. Bill history includes the average monthly bill amounts, excluding any past due

amounts.  Since each member will have a different average monthly bill amount, member’s assistance will vary.  The “up to” percentage amounts differ per plan and can range from 10% up to 60%.  A bill analysis is recommended to ensure you are on a plan that tailor fits your needs.

Documentations

Any documentations, bills or agreements required or asked to present to Billpay of America from the customer will require that, all documentations, bills or agreements from third party companies must have the customers name on the documentation as primary.  If any bill is not in the customer’s name, any financial assistance, rate renewal assistance, or rate comparison analysis will not be honored.

Missed Payments Under Financial Assistance Program

Any missed payments will results in a lapse in membership and therefore the membership will be canceled and any value contributed to your membership plan will be forfeited. You are given a 14 day grace period after your monthly payment is due to cover your missed payment. After the 14 day grace period with no applied payment being made toward your missed payment, your membership will cancel. Members are able to re-join our membership program after the account has lapsed, however, the membership plan will restart and any benefits earned that are attached to the prior membership will be voided. Payments made must be posted marked prior to, or on the 14 day grace period in order to stop a membership plan from canceling.

Terminology

To meet the requirements of being involuntary terminated, members must present a separation notice from his/her employer. Involuntary termination is defined and understood by Billpay of America as an employer terminating or dismissing employment of the employee. The term, “laid off” is considered a form of involuntary termination, however, members who are laid off may only file a claim due to being laid off no more than twice in a consecutive 12 month period.

If a member request financial assistance and they meet the requirements of being involuntary terminated and Billpay of America provides financial assistance, Billpay of America will waive the member’s following 1 month’s bill payment.

No Liability

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Billpay of America AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Billpay of America SITE AT ANY TIME. Billpay of America AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. IN NO EVENT SHALL Billpay of America AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Billpay of America SITE OR WITH THE DELAY OR INABILITY TO USE THE Billpay of America SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE Billpay of America SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Billpay of America OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Electronic Signature
Billpay of America offers the option for Customers to execute a billing assistance Agreement (“Agreement”) electronically by completing the procedures specified on this website which shall constitute the final Agreement of Billpay of America and the Customer and is conclusive proof of such Agreement. Customer’s electronic completion of enrollment through this website, including by means of “clicks”, shall be deemed in “writing”, and the Customer shall be deemed to have “signed” and be bound to the terms of such Agreement to the same extent and with the same effect as if the Customer had signed the Agreement manually. Customer acknowledges the choice to sign an Agreement manually, which he/she waives by signing electronically. Customer will not contest the legally binding nature, validity or enforceability of such Agreement based on the fact that it was entered electronically and expressly waives any and all rights it may have to assert any such claim. The individual completing the procedures electronically is authorized to legally bind the Customer to this Agreement. Printed and electronic copies of this transaction shall be deemed established and maintained in the normal course of business and may be introduced in evidence in any legal proceeding as original evidence to the same extent and under the same conditions as other business records originated and maintained in documentary form, and neither Party may contest their admissibility on the basis that they were not originated and maintained in documentary form.