1. Agreement.

A. The following terms and conditions (the “Terms”) govern all access to and use of the Negotiatemybill, LLC website (hereafter “Negotiatemybill”, sometimes referred to herein as “us” or “we”). These Terms form the entire agreement (the “Agreement”) that governs Negotiatemybill’s relationship with any individual or business (referred to herein as “you” or “Customer”) that accesses, uses, requests, or receives Negotiatemybill’s Services.

B. Negotiatemybill’s Services are made available to you only on the condition that you agree to be bound by this current Agreement and Terms. You may only use the Negotiatemybill Services in compliance with this Agreement and all applicable laws, rules, and regulations. If you reside in a jurisdiction that restricts the use of internet-based applications, or the ability to enter into agreements such as this Agreement, due to your age or for any other reason, you are not permitted to use the Negotiatemybill Services. By using Negotiatemybill’s Services, you are representing that you have the legal capacity and authority to enter into this Agreement, and that you have reviewed, understand, and accept this Agreement without limitation or qualification. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so. You further understand that by selecting Negotiatemybill Services for purchase, entering your personal information where prompted, and indicating acceptance of the Agreement online, you are submitting an electronic signature and entering into a legally binding contract with us for the purchase of such Services.

C. We may modify the Agreement from time to time by notifying you of such modifications by any reasonable means, including by posting the revised version on the Negotiatemybill website. Your continued use of the Services after any such changes indicates your acceptance of the modifications. You should check these Customer Terms regularly to review the current version. Note that any such modifications will not apply retroactively to any dispute between you and us arising prior to the date on which we posted the revisions or otherwise notified you of the changes.

D. PLEASE NOTE: By entering into this Agreement, you are agreeing that any dispute or claim arising out of or relating to this Agreement or the Services shall be resolved by final and binding arbitration in accordance with Section 12 of these Customer Terms titled “Dispute Resolution”. Please be certain that you understand this requirement and discuss any concerns with your attorney.

2. Services Description.

A. Negotiatemybill Services are a negotiation service for phone, cable, and other bills that you have incurred for services you have contracted for through Providers. Negotiatemybill negotiates directly with the Providers of phone, cable, and other services (referred to herein as interchangeably Provider “services” or “products”) that you have engaged to provide you services for a fee (the “Service Providers”). Negotiatemybill’s Services include negotiating ongoing and past due bills to save you money by lowering the monthly rate on your bill(s) for future billing periods and securing, when successful, one-time credits from your service provider. Our process involves reviewing your bill and negotiating with your Service Provider via phone and chat to get you a better rate and other discounts.

3. Your Authorization.

A. By signing up and agreeing to use Negotiatemybill’s Negotiation Services and in accordance with the Terms set forth herein, you are granting us permission to negotiate with your Service Providers on your behalf. You hereby acknowledge and agree that we are authorized to use the information you provide to communicate with the applicable Provider, make changes to your account(s) with the Provider, and modify the services and/or features that you receive from the Provider, in accordance with this Agreement. This means that if you request our Bill Negotiation Services, you expressly consent to any changes that we make to your account in order to reduce your bill as long as the changes do not reduce the features (internet speed, monthly data allowance, etc.) or quality of the products you receive from the Service Provider or extend the term of your contract. We may negotiate to obtain discounts, credits, or promotions to your account, or to add features or improve the quality of the products you receive, without obtaining additional permission or consent from you to make such changes for the purpose of reducing your bill. We may contact you and request your approval to extend the term of your contract with your Service Provider or make other changes to your services from the Provider, in which event we will rely on your verbal or email permission to do so. If you wish to place any limitations on our ability to make changes, you must communicate those restrictions to us when you sign up for the Services in the manner we specify, or no such limitations shall apply. After the Services have been completed, your Provider may limit your ability to revert to a prior plan.

B. When you sign up for our Bill Negotiation Service, to ensure that you continue to receive the lowest available rate without interruption, you also agree to allow Negotiatemybill to monitor and perform the Bill Negotiation Service again when a reduced rate that you are receiving is due to expire or if we determine that your account is otherwise eligible for additional savings. The Service Fees for such additional Bill Reduction Services will be billed pursuant to Section 6 of this Agreement.

C. Your Service Provider may require your verbal confirmation or additional acknowledgment to verify that we are acting as your agent. If this is the case, we will not be able to perform the Services until you provide the additional information or confirmation in accordance with the method required by the Service Provider. In some instances, it may be necessary for our agents to represent to the Service Provider that they are the account holder in order to perform the Negotiatemybill Services, and you consent to such representation for the sole purpose of performing the Negotiatemybill Services.

D. You may not sign up for Bill Negotiation Services unless you have the authority to make changes to the applicable account with the Service Provider and to grant that authority to us. By requesting these Services, you represent and warrant that you have such authority. If you are not the account holder and you sign up for Services as an authorized representative of the account holder, you will be jointly and severally liable with the account holder for the fees incurred for the Services you have requested. You will be personally liable for all fees incurred or damages that result from signing up for Services without proper authorization, and also agree to indemnify us for any damages we may incur as a result.

4. Provision and Use of Your Information.

A. In order to receive Services, you must provide us with the information we need to perform the Services. This includes the account holder’s name, your name and relationship to the account holder (if different), and your respective addresses, phone numbers, and email addresses, the name of the Provider, your Provider account number, the applicable password, pin number, or other security credentials to access the account, and any other specific information your Provider may require for us to make changes to your account. You will also provide Negotiatemybill a copy of the current monthly billing statement for the account showing the products and features you receive and the amounts you are billed. You may upload a copy of the bill through our website or by emailing us at negotiations@getnegotiatemybill.com.

B. You also agree to provide us with any additional information relevant to the negotiation prior to the start of the negotiation, including notifying us if you signed up for the product within the past year or are planning to cancel or switch Providers within the next year. We may decline to provide the requested Services based on the information provided at our sole discretion.

C. You represent and warrant that all information you provide to us is accurate, complete, and correct. You agree that we may rely upon and share your information with our agents, referral partners, Service Providers, and otherwise as necessary in order to offer and provide the Services to you.

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5. Negotiated Savings.

A. For Bill Negotiations, we calculate the total amount of savings that we negotiate for you (the “Negotiated Savings”) by comparing the new monthly rate that we obtain for you from the Service Provider against the current rate you are paying at the time of the negotiation for the duration the new rate will be in effect as well as any one-time credits that we are able to obtain for you through the course of the negotiation. In the case of monthly bills, the Negotiated Savings equals the amount by which the Provider has agreed to reduce your monthly bill multiplied by the number of months that you are eligible to receive the reduction, up to a maximum of 12 months (the “Savings Period”). We will inform you of the outcome of our negotiations, and if the Bill Negotiation is successful, we will tell you what your new rate will be, the Savings Period, and the total amount of your Negotiated Savings. While we cannot guarantee that every Bill Reduction negotiation will result in Negotiated Savings, the negotiation is free if we don’t save you money.

B. The rate you are paying prior to the Bill Reduction that we use to calculate Negotiated Savings will be the amount we confirm with the Provider, which may be different from the billing statement you provided. For purposes of calculating the Negotiated Savings, the new negotiated rate will not include price increases occurring after the negotiation that arise from (1) one-time purchases or fees of the Service Provider incurred by the account holder; (2) regularly scheduled price increases by the Provider that are applied generally and not specific to your account (e.g., an increase to the Broadcast TV Fee); (3) the addition of products or upgrades to the existing products on the account; or (4) the expiration of discounts, promotions, or credits on the account that were not put into place as a result of our negotiations.

C. If you ask us to cancel some but not all of the products you receive from a Service Provider and negotiate the remaining parts of your bill, the Negotiated Savings will be based on the original entire bill excluding the cost of the cancelled products. If you direct us to increase the quality or features of the products you receive from a Provider, the Negotiated Savings will be calculated based on the applicable non-discounted rate that the Provider indicates you would have been charged for those modified products, instead of the historic rate you were paying for the original products.

D. Your personal data is secure and will only be used for bill negotiations. We do not sell or share your information.

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6. Payment for Services.

A. Our fee is 25% of the savings for the first year. If we don’t save you money, the negotiation is free. For example, if we negotiate a permanent $10 discount on your phone bill, the Negotiated Savings is $120, and the fee for our service is 25% of $120 or $30.

B. You agree to pay Negotiatemybill all charges for the Services we perform for you pursuant to this Agreement by providing a valid method of payment during the enrollment process, then current or other agreed-upon method with Negotiatemybill, and agreeing to these terms of service. We do not accept payment by cash. We will inform you of the savings that we secure for you via an email and text receipt. You are then scheduled to be charged in 2 days. If the payment fails, we will continue to charge your payment method on file until we collect the outstanding balance due Negotiatemybill. We will also send you email and text links where you can pay your outstanding balance. Unless otherwise stated at the time of purchase, payment to Negotiatemybill is due in full without deduction or setoff within nine (9) days of the invoice date.

C. By providing a payment method to us for payment of the Services, you authorize us to use such payment method for payment of all amounts owed to us hereunder. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to such third party. We may determine and modify what payment methods we accept from time to time at our sole discretion.

D. You will be responsible for any charges incurred for refused or rejected payments, including but not limited to late fees, chargeback fees, fees for insufficient funds, or similar charges imposed by your financial institution. We may notify you about late payments through phone calls, email and/or text messages. We may in our sole discretion decide to accept incomplete payments from you, but in doing so we in no way waive our right to collect the remaining unpaid balance due Negotiatemybill. If your outstanding balance for the fee for Negotiatemybill services is 30 days past due, a late fee at a rate of $25 per month (or the maximum amount allowed by law if such amount is less) will be charged. In the event you fail to pay any amounts when due hereunder, you agree that we may report your failure to credit reporting agencies and/or refer such matter to an attorney or collection agency, in which event you agree to pay any and all costs we incur as a result of such action, including reasonable attorneys’ fees.

E. If you dispute the amounts you are being billed for or are dissatisfied with the Services for any reason, you agree to contact us in writing, provide the facts and circumstances that are the basis for the dispute, and cooperate with us in good faith to provide us the opportunity to remedy the situation, or issue a refund before requesting a chargeback or making a complaint or filing a claim against us. If we are unable to resolve the dispute in this fashion, then you agree to follow the dispute resolution procedure set forth in Section 12 of these Customer Terms, below. If you do not notify us of your dispute of our invoice for the Services within thirty (30) days from the date of such invoice, the Service will be deemed accepted and valid.

F. It is your responsibility to confirm that the Negotiated Savings are reflected in the next bill you receive from your Provider and to notify us within thirty (30) days of receipt of our invoice for Services if your bill does not show the Negotiated Savings that we indicated you would receive. Upon receipt of notice from you that your savings were not applied, we will research and contact the Provider to try to resolve the issue. If we determine that the Provider is not going to offer you the negotiated rate such that the Negotiated Savings will not be the amount originally calculated, we will recalculate the Negotiated Savings (if any) and issue an updated invoice and a refund of any overpayment if payment of the Service Fees was already received for the Bill Reduction. If you do not notify us that you did not receive the Negotiated Savings within thirty (30) days from the date of our invoice for the Services, the Negotiated Savings originally calculated will be deemed to be correct and will be assumed to have been applied to your account, and you will owe us any applicable Service Fees for the Services.

G. If you request Bill Reduction Services for a Provider product that you intend to terminate and you fail to notify us of this fact prior to the start of the Bill Reduction negotiation as required herein, you will be responsible for the Service Fee incurred based on the entire available Savings Period, including beyond your anticipated termination date. However, in the event a product for which you received Bill Reduction Services is unexpectedly terminated prior to the end of the Savings Period, you may notify us in writing no later than thirty (30) days after such termination to request a pro-rata credit based on the Negotiated Savings not actually received by reason of the termination. Your request must identify your account with us and include proof of the actual date of termination by your Provider. We will make adjustments to your account to the extent that we reasonably determine appropriate based on the circumstances in the form of a pro-rata credit to your account equal to the amount you have paid us in Service Fees for Negotiated Savings not actually received because of the termination. Such credit is non-transferable, not redeemable for cash, and may only be used for Service Fees incurred by you for other Services purchased from us.

H. All amounts payable under this Agreement are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You are responsible for paying any such taxes and duties assessed in connection with this Agreement by any authority within or outside of the U.S., except for taxes payable on our net income.

Section 7: Cancellation of Services and Agreement Termination

• Cancellation before services start: You can cancel your request at any time before the services begin.
• Cancellation after services start: If you cancel after the service has started but is not yet finished, you’ll owe a fee for the costs already incurred.
• Termination by you: You can terminate the agreement at any time without needing a reason. However, you must still pay for services rendered before termination.
• Termination by BillSmart: They can cancel your services or restrict your access at any time, especially if you breach the terms.

Section 8: Communications

• Electronic Communication: By using the services, you agree to receive communications electronically (such as invoices, notices, etc.) and keep your contact info up to date.
• Text and Email: You consent to receiving marketing texts but can opt out at any time. Social media posts do not count as official communication.

Section 9: Disclaimers

• No guarantees: BillSmart does not guarantee results, savings, or uninterrupted services. The service is provided “as is.”
• Not legal or financial advice: The services are not intended to replace professional advice from attorneys, financial planners, or other professionals.

Section 10: Limitations of Liability and Remedies

• Liability: BillSmart’s liability is limited to the total amount paid by you for their services, and they are not liable for any indirect or consequential damages (such as loss of profits or data).
• Satisfaction: If you are dissatisfied, your only remedy is to stop using the services, terminate the agreement, and request a refund according to the procedure in section 6(e).

Section 11: Indemnity

• Indemnity: You agree to protect BillSmart from any legal claims or damages arising from your breach of the agreement, misuse of their platform, or violations of laws.

• Informal Negotiations: Before proceeding to arbitration or court, both parties are required to attempt resolving any disputes through informal negotiations. This process starts once a written Notice of Dispute is sent.

• Arbitration: If the dispute remains unresolved after 30 days, either party can initiate arbitration, which is governed by the Commercial Arbitration Rules of the American Arbitration Association (AAA) or J.A.M.S if the AAA ceases to provide services. The arbitration process is binding, and the arbitrator has the authority to resolve disputes based on applicable federal or state law.

• Exclusions from Arbitration: Claims related to intellectual property rights, small claims court, claims that can’t be arbitrated by federal statute, or claims for injunctive relief are excluded from this arbitration agreement.

• Prohibition of Class Actions: Both parties agree that disputes will be handled individually, and class actions, representative actions, or consolidated proceedings are not allowed.

• Opt-out Option: You can opt out of the arbitration agreement within 30 days of accepting it by sending a letter and email to the provided addresses.

• Severability and Future Amendments: If a provision of this agreement is deemed unenforceable, it will not affect the rest of the agreement. Amendments to the arbitration agreement will not apply to any claims filed before the amendment takes effect.

• Jurisdiction and Governing Law: Federal and Delaware state law governs the interpretation and enforcement of this agreement.