BILLSHARK Terms and Conditions

Effective Date of Current Terms and Conditions: March 1, 2018

These BILLSHARK Terms and Conditions apply to this Site (the “Site”) operated by Keen Group Solutions, LLC (d/b/a BILLSHARK) (“BILLSHARK”, “we”, or “us”), as well as any services we may provide to you. The use of the Site, including the provision of BILLSHARK Services (as defined below) is subject to the following terms and conditions (these “Terms and Condition”). Please read these Terms and Conditions carefully. By using this Site or using the BILLSHARK Services, you acknowledge that you have read, understood and agree to these Terms and Conditions and our Privacy Policy located at https://www.billshark.com/privacy/, as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. The materials contained in this Site are protected by applicable copyright and trademark law. By visiting this Site, you are agreeing to be bound by these same Terms and Conditions. If you do not agree to these Terms and Conditions, then you must exit the Site immediately and discontinue any use of the information or services obtainable or accessible through the Site. If you have any questions about the Terms and Conditions, please contact us at support@billshark.com.

1. Our Bill Reduction Service

BILLSHARK is experienced as a consultant to individuals, companies and organizations wishing to lower their monthly bills in the general areas of, but not limited to the following services: wireless service, cable/satellite TV, internet, electricity and gas, gym memberships, satellite radio and alarm services.

Signing up with our service by submitting personal information and monthly billing information authorizes BILLSHARK and all authorized BILLSHARK agents to negotiate with your monthly service providers as an authorized agent on your behalf in an effort to lower your monthly service provider bills (the “BILLSHARK Services”). By using the BILLSHARK Services, you acknowledge and permit BILLSHARK to utilize the information provided to BILLSHARK to negotiate billing rates with your service providers.

BILLSHARK does not guarantee that savings will be achieved during each negotiation.

Once we enter into negotiations, you authorize and consent to all discounts BILLSHARK obtains if the negotiation does not reduce the quality of your existing service. By default, you consent to BILLSHARK improving the quality of your service if it does not increase your cost of service. This means that you explicitly authorize BILLSHARK to make changes on your respective account(s).

It is your responsibility to communicate all desired restrictions for a negotiation prior to the start of the negotiation. If you do not communicate any such restrictions, it is BILLSHARK’s right to assume there are no restrictions. For example, if you are planning on switching providers, you must communicate this fact to your Savings Shark and mention your anticipated termination date with a service provider prior to the start of the negotiation. If you do not communicate your intentions to switch providers, then you are responsible for the fee associated with any savings earned past this anticipated termination date. If your anticipated termination date is within a year time, then BILLSHARK has the right to refuse to work on the bill.

2. Age of Majority; Your Information and Participation

If you are not at least 18 years old, you are not permitted to use our Service without the consent of your parent or guardian who may legally consent to these Terms and Conditions on your behalf. If you consent to these Terms and Conditions, you represent that you have the legal capacity and authority to enter into such agreement.

You agree to provide us accurate and current information, including but not limited to, name, address, phone number, email address, and any passcodes or other verification information required by service providers to negotiate on your behalf. Your personal information will only be used for the purposes set forth in our Privacy Policy.

BILLSHARK must receive copies of your monthly bill statements with the necessary information required to negotiate discounts on your behalf, such as account number and outline of services/features. You may send this information to BILLSHARK through our Site, email, fax or mail; or provide information for your designated BILLSHARK savings representative (your “Savings Shark”) to obtain statements directly from your provider.

Some service providers require that you verbally authorize your Savings Shark to speak on your behalf. If this is required as a security measure by your service provider, we won’t be able to negotiate savings on your behalf until you provide your consent in accordance with the method required by the service provider.

The person who signs up with BILLSHARK is the person responsible for any and all charges owed to BILLSHARK, regardless of the name on the service provider statement. You may submit bills under the name of a third party, such as a spouse, family member, friend or roommate; however you are responsible for paying fees to BILLSHARK.

3. Costs to You

There is no up-front cost to use BILLSHARK.

a) If BILLSHARK saves you money, you agree to pay BILLSHARK 40% of the savings. By way of example, if we save you $1000 on your Cable TV Bill, our fees would be $400. We cap the savings measurement period at 2 years maximum. WE DO NOT CHARGE ANY FEES FOR FREE DIRECTV SUNDAY TICKET/HBO/SHOWTIME SUBSCRIPTIONS.

b) If BILLSHARK does not save you money, there is no charge to you.

4. Billing Process

BILLSHARK will invoice you for 40% of the savings achieved. Payment plans are available for durations of 2 or 6 months for a one time charge of $9 to setup the plan. The $9 fee only applies to payment plans and is separate from saving fees.

Online Billing

BILLSHARK uses an online billing system. You will receive an invoice via email with a PDF statement attached. We accept online payments via credit card through Stripe and PayPal.

Late Fees and Returned Payments

Payment is due within 7 days of the invoice date. If payment is not received within 15 days, we may charge you a late fee of $25 per month.

If your payment is returned or otherwise rejected for non-sufficient funds, fraud, or any reason, you will be responsible for paying any applicable fees, including any late fees resulting from the rejected payment.

Non-payment and Collections

If you do not pay BILLSHARK according to these Terms and Conditions, we may charge you a late fee of $25 per month. We also reserve the right to demand payment in full if you are delinquent in paying monthly.

We reserve the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If we must engage a collection agency or report your debt to credit bureau(s), we may charge a processing fee of $25 or more, subject to the maximum allowed by law.

If BILLSHARK accepts late or partial payments, we do not waive our right to collect all amounts owed.

Your Savings

Your savings, if any, should appear on your service provider statements as outlined by your Savings Shark.

a) If the savings do not appear as discussed, you must notify BILLSHARK within thirty (30) days of receiving your BILLSHARK invoice. We will investigate with the service provider and attempt to rectify any mistake. If the savings are not going to appear as originally expected, BILLSHARK will update its invoice accordingly.
b) If you do not notify BILLSHARK within the thirty (30) day period referenced in sub-clause (a) above, it is assumed the savings appear as discussed and you will owe any applicable fees.

Cancellation of Provider Services

You must notify BILLSHARK in writing no later than thirty (30) days after your provider services are cancelled in order to receive a pro-rata credit for the days remaining in the month in which your services are cancelled. If you cancel your service before all savings for a given billing period appear on your bill(s), you must send documentation within thirty (30)days after such cancellation takes effect showing the last date of service, and BILLSHARK will adjust your invoice on a pro-rata basis taking into account the date of service cancellation. If you have paid in advance, we will issue you a credit to use toward future savings with BILLSHARK.

Chargebacks and Complaints

If you are unsatisfied with BILLSHARK services for any reason, you must contact BILLSHARK in writing, describe in reasonable detail the facts and circumstances which are the basis for such dissatisfaction, and work with BILLSHARK in good faith and use commercially reasonable efforts to allow us to seek to rectify the situation before attempting a chargeback or making a complaint about BILLSHARK. Any fees incurred because of a chargeback may be assessed to you. You may not attempt a chargeback or seek any other redress from BILLSHARK thirty (30) days or more after the date of BILLSHARK’s invoice for the underlying services.

Other

Further, if you submit a historic bill that has a different rate than what you are currently paying with your provider, we will charge our fees based on actual charges, not historic bills. If you ask us to negotiate a bill just before your discounted rate is about to expire, our fee will be calculated on the naturally increased rate that would be charged after the discount period ends, not the soon to be expired discounted rate. Our fees will always be based on the comparison between the savings we earned and the price your service provider would charge if we did not negotiate a better rate on your behalf.

If you request for BILLSHARK to cancel a service instead of negotiate a better rate, we charge a flat rate of $25 per bill. If you request for us to cancel a portion of your service, and negotiate the remaining parts of your bill, our fee will be based off of your entire original bill. If you direct us to increase your level of service with your provider, our fee will be calculated on the new non-discounted rate of that increased service, instead of the historic rate you were paying. This rule does not apply if you authorize (but do not require) BILLSHARK to increase your level of service, as sometimes service improvements are a perk of our negotiations.

The invoice is sent via email when negotiations have been completed. We reserve the right to send intermittent invoices. BILLSHARK does try to notify its customers about late payments through email and text messages. All clients are automatically enrolled in the text alerts. You have the right to opt out of this program, by communicating in writing to your BILLSHARK representative your desire to opt out of the program. BILLSHARK may decide to accept late or incomplete payments. In accepting such payments, BILLSHARK in no way waives its right to collect the remaining unpaid balance. If BILLSHARK offers you a payment structure so that full payment is not required up front, we reserve the right to autocharge your credit card.

5. Cancellation of BILLSHARK Services

You may discontinue the BILLSHARK Services for convenience at any time after the end of the first six (6) months of the Contract Term; to cancel your account, you must notify your Savings Shark via email. The cancellation of the services with BILLSHARK will take effect at the beginning of BILLSHARK’s next full billing cycle after the date your cancellation request is received by your Savings Shark. However, you will be responsible for paying any outstanding balance and/or applicable fees for savings already achieved. Note that a service provider cancelling your service will be treated in the same manner as if you have terminated the BILLSHARK Service as it relates to that service provider.

BILLSHARK reserves the right to cancel your account at any time for any reason, and request payment in full for services rendered prior to the date of cancellation.

6. Limitation of Liability & Indemnification

BILLSHARK shall in no event be liable or responsible for any damages to you or to any third party, whether in contract, warranty, tort (including negligence), statute or any other legal theory, or otherwise, for any direct, indirect, special, consequential, incidental, exemplary, liquidated or punitive damages, arising in whole or in part from your access to our Sites and/or BILLSHARK Services. BILLSHARK will have no liability to you or any third party for content uploaded to or downloaded from our Site or provided as part of the BILLSHARK Services.

By using our Sites and/or BILLSHARK Services, you shall indemnify, defend and hold harmless BILLSHARK and its affiliates, directors, officers, employees and agents from and against all claims, damages and expenses arising in whole or in part from your access to our Sites and/or BILLSHARK Services.

7. Your Use of a Mobile Device

BILLSHARK makes no warranties or representations, expressed or implied, of the loss, damage, or security intrusion of the telecommunication services, and the disclosure of such information to third parties.

8. Communication

You agree and consent to electronically receive all updates, agreements, invoices, sales receipts, account statements, state and federal tax statements, documents, notifications, notices and disclosures (collectively, “Communications”) that we provide in connection with your BILLSHARK account and your use of BILLSHARK Services.

You may withdraw your consent to receive Communications electronically by writing us at “BILLSHARK Legal, [ADD ADDRESS]”. If you fail to provide adequate information related to the nature of your request to withdraw your consent to receive Communications electronically, BILLSHARK reserves the right to deny your application to withdraw from the electronic Communication delivery policy.

It is your responsibility to keep the primary email address listed on your BILLSHARK account up to date so that BILLSHARK can communicate with you electronically. Spam filtering of emails may require you to add BILLSHARK to your email address book. You understand and consent that BILLSHARK deems electronic communication as successfully sent once emails are sent to the primary email address listed on your Account.

9. BILLSHARK is Not a Financial Advisor

BILLSHARK is not a financial planner, broker, tax adviser, or attorney and does not provide financial, legal or tax advice. All services or information provided is not intended to be financial, legal or tax advice. Before making any decisions, you should consult with your accountant, attorney or other professional advisors who are aware of your personal circumstances.

10. Social Media Sites

BILLSHARK may encourage online interactions on social media platforms. Any content you post, such as pictures, comments, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms & Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

11. Use of Examples

The use of any examples found within these Terms and Conditions are are used strictly for illustrative purposes to clarify this contract, but in no way is meant to limit the scope of the scope of the terms and conditions.

12. Copyright Infringement Take-down Request Procedure, Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property right laws as we expect all visitors or customers of our website to respect our rights under the applicable law.

A copyright owner can, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), submit a notice to us.

To submit such a copyright infringement notification with us, you will need to send us a written communication. We request the initial contact be emailed to us at support@billshark.com If you would like to mail us a hard copy, please ask for our mailing address in the email. We expect that the following information is included in your notice:

  1. The clear identification of the copyrighted work claimed to have been infringed. If the work is not easily attainable through public means (such as if the work was published over a year ago in a paperback magazine that is not easily accessible on the internet), we expect a copy of such work be included in your notice.
  2. A clear identification of the infringed material that is protected, and information reasonably sufficient to permit BILLSHARK to locate the material. If possible, we expect you to provide the URLs in the body of your notification email.
  3. Contact information of the complaining party, such as an address, telephone number, and email address at which BILLSHARK may establish contact with such individual, or the individual’s agents.
  4. A signed letter authorizing an agent to act on behalf of the owner of the allegedly infringed right.

13. Prohibited Use

You may not use our services or Sites other than as expressly allowed for in these Terms and Conditions. You must be at least 18 years of age to use this Site or utilize the BILLSHARK Services and must use this Site for personal, non-commercial purposes.

—Any commercial or promotional distribution, publishing or exploitation of our service, content, or other materials is strictly prohibited unless you have received the express written permission from authorized personnel of BILLSHARK.

—You are prohibited from accessing or attempting to access information and/or property of BILLSHARK that does not pertain to you, including but not limited to account information, computer equipment and networks. You must comply with all applicable laws and regulations, including but not limited to hacking, phishing, fraud and spamming.

—You may not impersonate another user, misrepresent yourself, or provide false information to BILLSHARK.

—You may not engage in any activity which encourages conduct that is unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, obscene, offensive, libelous, hateful or otherwise objectionable.

—You may not infringe on the rights or privacy of any person or entity.

—You may not transmit or communicate any content or file that is harmful or potentially damaging, including but not limited to spyware, viruses or worms.

—You may not attempt to decipher, decode or reverse-engineer any of the software or other electronic equipment that belongs to or is used by BILLSHARK.

—You may not compromise or otherwise interfere, in whole or in part, with the actions of BILLSHARK or its affiliates, directors, officers, employees and agents.

14. Rights You Grant to BILLSHARK

By using our Sites and/or signing up with our service by submitting personal information and monthly billing information, you are granting us the authority to act on your behalf with your service providers. You acknowledge and agree that BILLSHARK is authorized to communicate with service providers on your behalf and make changes to your account, services, and/or features to implement discounts negotiated on your behalf or for other purposes set forth in these Terms and Conditions, our Privacy Policy, BILLSHARK’s internal purposes or for purposes otherwise agreed in writing between you and BILLSHARK.

15. Third Party Submissions

If you are acting as an agent, or engaging BILLSHARK’s Services on behalf of another person (this “another person” is hereinafter described within this paragraph as the “individual”), then you are testifying under this contract that you have the full authority to act on behalf of that individual’s account, and that you have complete information about the individual’s circumstances, and that you have shared any relevant information with BILLSHARK at the time the bill was submitted to BILLSHARK.

Therefore, under this contract you are exercising this authority to grant BILLSHARK all the same rights, authorizations, and permissions found within these terms and conditions as if the individual formally acknowledged these terms and conditions him/ herself. As such, any references to “you” in this agreement is binding on both you personally, as the acting agent, and on the individual’s account that we are negotiating. If you are acting outside of such granted authority, or if you are acting without complete information, or if you chose to withhold any meaningful information from BILLSHARK, and problems arise, then you can be held personally liable for BILLSHARK’s fee, along with any damages, problems, issues, penalties that resulted from negotiating the individual’s account.

16. Modifications

Site

From time to time we review these Terms and Conditions to ensure that they comply with applicable law and our then-current policies and procedures. Consequently, we reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the Site by referring to the “Effective Date of Current Policy” date at the bottom of this page. Your use of the Site constitutes your acceptance of the terms of these Terms and Conditions as amended or revised by us from time to time, and you should therefore review these Terms and Condition regularly to ensure that you are aware of its terms.

17. Dispute Resolution

You agree that:

Any dispute arising out of or relating to these Terms and Conditions, including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”) shall be resolved with the following procedures:

A. Negotiation
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).

B. Mediation
If the dispute has not been resolved by Negotiation in accordance with paragraph A, then the parties shall proceed to mediation unless the parties at the time of the dispute agree to a different timeframe. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days then a mediator will be chosen by an arbitrator selected pursuant to the rules of the American Arbitration Association (“AAA”) who will then select such mediator from a list of distinguished neutral mediators maintained by the AAA. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party or the mediator states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session.

During the course of the mediation, no party can assert the failure to fully comply with paragraph A, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.

All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process.

The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.

C. Arbitration
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration in accordance with the rules of the AAA. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration will be held in the State of Delaware using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final, binding and conclusive upon you and BILLSHARK and your and BILLSHARK’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding). In no event shall either you or BILLSHARK be entitled to punitive, special, indirect or consequential damages and both you and BILLSHARK hereby waive your and BILLSHARK’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By using BILLSHARK you consent to these restrictions and give up your right to participate in or bring class actions.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BILLSHARK, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami-Dade County, Florida. You also acknowledge and understand that, with respect to any dispute with the BILLSHARK arising out of or relating to your use of the Site, purchase of the BILLSHARK Services, or these Terms and Conditions:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

In the event of any legal proceeding between any the party to these Terms and Conditions to enforce or defend the terms hereof, the prevailing party shall be paid all costs of such legal proceeding, including but not limited to reasonable and necessary attorney’s fees, court costs, travel, etc., by the other party.

18. Third Party Links or Services

Our Site or content may mention or contain links to third party services or websites. BILLSHARK is not responsible for and does not endorse any third parties or their products/services. You are responsible and liable for any claims, offers or promotions before purchasing from or dealing with a third party, even if they are partnered or otherwise affiliated with BILLSHARK. Any transactions or dealings made by you with any third parties are exclusively between you and the third party, and BILLSHARK is not responsible for any aspect of such transactions.

19. Account Information and Login Credentials

If you create an online account with BILLSHARK, you are responsible for maintaining the security of your username and password. If you share your information with anyone, you are liable for any resulting damage or harm. If you believe your information has been compromised, you must notify BILLSHARK immediately at support@billshark.com. You are responsible for keeping your account information current and accurate. BILLSHARK is not responsible for any other person or entity gaining access to your account, whether obtained through you, or through violation of these Terms and Conditions.

20. Disclaimer of Representations & Warranties

The Site and BILLSHARK Services are provided “as is”. BILLSHARK makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BILLSHARK does not warrant or make any representations concerning the content of any discussion you may have with a Savings Shark; the accuracy, results (including whether and to what extent you may realize any cost savings from your service providers), or reliability of the use of this Site; or the BILLSHARK Services.

BILLSHARK makes no representation or warranty whatsoever as to whether you may find the content of any discussion you may have with a Savings Shark relevant, useful, accurate or satisfactory. BILLSHARK does not verify the skills, degrees, qualifications, credentials or background of any Bill Shark.

As it relates to the activities of BILLSHARK, a negotiation is defined as the process of discussing savings with the provider in order to reach an agreement to resolve concerns of overpaying for services. This process can consist of one time credits, long term savings, adding or extending contracts, as well as streamlining services based on historical usage patterns over the last 12 months or other savings that may be uncovered by the provider. Due to the nature of a negotiation, we do not contact the customer prior to accepting the savings unless the customer requests BILLSHARK to do so in writing prior to the start of the negotiation. We accept the result from the provider as they may not be available on subsequent call backs.

You expressly agree that your use of the BILLSHARK Services and Sites are at your sole risk.

21. Miscellaneous

These Terms and Conditions are to be governed by and construed in accordance with the internal laws of the State of Delaware, without regard for principles of conflicts of laws.

If we do not exercise or enforce one or more provisions of these Terms and Conditions, we still maintain the right to do so at a later date.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remainder of these Terms and Conditions shall remain in effect.

If you have any questions about these Terms and Conditions, please contact us at support@billshark.com.

22. Promotional Rewards

BILLSHARK may elect, at its sole discretion, to offer/provide a bonus reward for signing up with our service, or for uploading bills to BILLSHARK. Bonus rewards are free promotions for which customers pay nothing and which customers may elect to use or not use at their sole discretion. Bonus rewards are administered by a third party reward administrator and, if you are the recipient of a bonus reward provided to you by BILLSHARK, full details on how to redeem/use your reward, and the third party terms that govern your reward, will be made available to you by BILLSHARK. Action is required on the part the customer to redeem/use your bonus reward, which is redeemed online. Bonus rewards are not gift certificates or gift cards, may not be redeemed directly in any store or restaurant, and have no cash value.