The following legal terms are agreed to when you use Smart Saver Bills. The terms are legally binding. If you have any questions or concerns, kindly contact us.
By accessing this website and requesting services, you are agreeing to be bound by these Terms and Conditions, and all applicable laws and regulations, and you agree you are responsible for compliance with applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in or accessible within the Web Site, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trademark law.
SIMPLY PUT: “You are agreeing to all terms below as you choose to use our service.”
2. Use a License
A. Permission is granted to temporarily download one copy of the Materials on the Web Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license is nonexclusive, non-transferable, limited, and revocable. Under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the Web Site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Smart Saver Bills at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, custody, or control regardless of format.
3. Proprietary Information
You acknowledge and agree that the Materials accessible within the Web Site are the proprietary information of Smart Saver Bills, and Smart Saver Bills retains all rights, titles, and interests in the Materials. Accordingly, you will not reproduce, transmit, publish, or distribute such Materials to any third party without the express written consent of Smart Saver Bills except that you may print a copy of Materials solely for your personal, noncommercial use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
The materials on the Web Site are provided “as is”. Smart Saver Bills makes no warranties, expressed or implied, and disclaims and negates all other 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, Smart Saver Bills does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Web Site or otherwise relating to such Materials.
In no event shall Smart Saver Bills, its suppliers, or its authorized agents be liable for any special, consequential, exemplary, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services of Smart Saver Bills, even if Smart Saver Bills or a Smart Saver Bills authorized representative has been notified orally or in writing of the possibility of such damage. In no event will the collective liability of Smart Saver Bills, its suppliers, and its authorized agents to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount User has paid to Smart Saver Bills for the applicable service out of which the liability arose.
6. Information Provided
By providing personal and monthly billing information to Smart Saver Bills and its authorized agents, you warrant that you are the account holder or an authorized agent of the account holder and that all information provided by you to Smart Saver Bills, including, but not limited to, name, address, phone number, email address, service provider(s), monthly service(s), and monthly service price(s), is complete, truthful, and accurate. Smart Saver Bills will not share personal information except in negotiations with your service providers as provided under Section 7.
7. Authorizations Granted to Smart Saver Bills
By registering with Smart Saver Bills, you acknowledge and authorize Smart Saver Bills and its authorized agents to:
A. utilize the name and any and all account information provided to or that is available to Smart Saver Bills to negotiate billing rates with your service providers;
B. negotiate with your monthly service provider(s) as an agent on your behalf;
C. accept or reject agreements;
D. enter contracts binding upon you; and
“Our experts negotiate with your providers for you”
Smart Saver Bills will work to negotiate the best possible rate(s) for the bill(s) you provide to us and on which it agrees to negotiate. Where Smart Saver Bills and its authorized agents cannot reduce your monthly rate(s) there will be absolutely no charge for services. Smart Saver Bills cannot guarantee and does not promise it can obtain lower rates or savings during negotiations on your behalf.
9. Costs and Billing
i. If Smart Saver Bills or its authorized agents can obtain a lower rate for your monthly bill, you agree to pay the total sum of fifty percent (50%) of the savings obtained for that bill and/or account for the twelve (12) months following the negotiation of your bill by Smart Saver Bills.
ii. Smart Saver Bills will estimate:
a. the total amount you will pay to your provider for the twelve (12) month period following the initial negotiation;
b. the total amount you would have paid to your provider for the same twelve (12) month period had Smart Saver Bills not negotiated your bill;
c. Savings by subtracting (a) from (b).
Neither (a) nor (b) will include onetime purchases or fees incurred by the billing account holder or other party accessing the account; regularly scheduled service or fee price increases by the provider that are not specific to the account (e.g., an increase to the Broadcast TV Fee); or the addition of services or upgrades to the services on the account.
For example, if your Current Rate were $100 per month and Smart Saver Bills lowered it to $50 per month for twelve (12) months, you would initially be charged $25 per month for one year for Smart Saver Bills’s services. If at the end of eleven (11) months, you asked Smart Saver Bills to renegotiate what would become a $100-dollar monthly bill again in one month’s time and Smart Saver Bills is able to keep the bill at $50, you will again pay $25 per month for the second twelve (12) month period.
iii. If you request that Smart Saver Bills cancel all services with a provider instead of negotiating a better rate, there is a flat-rate cancellation fee per bill of $25 dollars. If you request that Smart Saver Bills cancel part of your service and negotiate a lower rate on a remaining service, you agree to pay fifty percent (50%) of the savings obtained on the entire bill for the twelve (12) months following the renegotiation of that bill as provided in Section 9(a)(ii).
iv. For payment, Smart Saver Bills will send you invoices through electronic mail that will be payable through its online payment gateway via credit card, debit card, personal check, and any other such method that Smart Saver Bills may make available, or if preferred you may make payment over the call.
v. Smart Saver Bills will offer two (2) invoice options:
a. You pay the total invoice in full in one (1) payment; or
b. You pay one-twelfth (1/12) of your invoice total each month for twelve (12) consecutive months through recurring invoices.
i. If Smart Saver Bills or its authorized agents can obtain a lower rate for your monthly bill, you agree to pay the total sum of fifty percent (50%) of the savings obtained for that bill and/or account for the duration of the savings renegotiated by Smart Saver Bills.
ii. Savings will be calculated by summing the difference between the rate of the bill when Smart Saver Bills initiates negotiations with your provider or providers on your behalf (“Current Rate”) and the renegotiated rate achieved by Smart Saver Bills (“New Rate”) for the number of billing periods that the New Rate is in place following the negotiation.
iii. If the Current Rate differs from the rate shown on the bill you initially submit to Smart Saver Bills when you sign up, savings will be calculated from the Current Rate, rather than the bill submitted.
iv. The New Rate shall not include price increases occurring after the negotiation that arise from (1) one-time purchases or fees incurred by the bill’s account holder or anyone else with access to the account; (2) regularly scheduled service or fee price increases by the provider that are not specific to the account (e.g. an increase to the Broadcast TV Fee); (3) the addition of services or upgrades to the services on the account; or (4) discounts, promotions, or credits on the account expiring, so long as those reductions were not put into place as a result of Smart Saver Bills’ negotiations.
v. If you request that Smart Saver Bills cancel a service instead of negotiating a better rate, there is a flat-rate cancellation fee per bill of $25 dollars. If canceling the service would incur an early termination fee from the provider, you are responsible for that fee. If you request that Smart Saver Bills waive a provider’s early termination fee, the waived portion of the fee will be considered Smart Saver Bills savings and charged at 50%. If you request that Smart Saver Bills cancel part of your service and negotiate a lower rate on a remaining service, you agree to pay fifty percent (50%) of the savings obtained on the entire bill for the duration of the savings.
vi. For payment, Smart Saver Bills will send you invoices through electronic mail that will be payable through its online payment gateway via credit card, debit card, personal check, and any other such method that Smart Saver Bills may make available.
vii. Smart Saver Bills will offer two (2) invoice options:
a. You pay the total invoice in full in one (1) payment; or
b. You pay one-half of the monthly savings for the duration of the savings via recurring invoices.
C. No Savings
i. If Smart Saver Bills and/or its authorized agents cannot obtain lower rates for your monthly bills, there is no cost to you.
i. Smart Saver Bills may reduce the percentage it charges for its services for promotional reasons or during promotional periods at its sole and absolute discretion. A discounted percentage does not stack with any other promotional discount. Unless explicitly confirmed in writing by an agent of Smart Saver Bills directly to You, the minimum charge for Smart Saver Bills’s services is forty percent (40%) of savings obtained, regardless of any promotional offers.
ii. Payment is due within fourteen (14) business days of the invoice date. Failure to make a timely payment may result in a late fee of five dollars ($5) per month for each month in which your account is in arrears. Smart Saver Bills is also entitled to recover interest on any overdue amounts at the rate of 10% per annum. Smart Saver Bills may also accelerate the remainder of any outstanding invoice balance.
iii. If the savings shown on a Smart Saver Bills invoice are not accurate, you must notify Smart Saver Bills within thirty (30) days of receiving your Smart Saver Bills invoice. Smart Saver Bills will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, Smart Saver Bills will adjust your Smart Saver Bills invoice accordingly or, if you’ve paid annually, refund a corresponding portion of your Smart Saver Bills invoice.
iv. Smart Saver Bills reserves the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion, and Equifax. If Smart Saver Bills must engage a collection agency or report your debt to the credit bureau(s), Smart Saver Bills may charge a processing fee of $25 or more, subject to the maximum charge allowed by law.
v. If Smart Saver Bills accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.
10. Cancellation of Smart Saver Bills LLC Services
A. You may discontinue services with Smart Saver Bills at any time by notifying Smart Saver Bills through electronic mail, phone, or U.S. mail. Cancellation is the effect when the e-mail, call, and/or letter is received by Smart Saver Bills. Cancellation does not waive outstanding balances on your account, and Smart Saver Bills reserves the right to request payment in full for services rendered.
B. Smart Saver Bills reserves the right to cancel your account with Smart Saver Bills at any time for any reason and request payment in full for services rendered through the date of cancellation.
11. Smart Saver Bills LLC is not a Financial Advisor
Smart Saver Bills does not provide legal, financial, or tax advice. You are using any and all information and materials available on the Web Site at your own risk. You should consult with an accountant, attorney, and/or another professional adviser before making financial decisions.
12. Revisions and Errata
The materials appearing on the Web Site could include technical, typographical, or photographic errors. Smart Saver Bills does not warrant that any of the Materials are accurate, complete, or current. Smart Saver Bills may change the Materials at any time without notice. Smart Saver Bills does not, however, make any commitment to update the Materials.
Smart Saver Bills has not reviewed all of the sites linked to the Web Site, nor has it verified the accuracy or suitability of any information on any such sites. Smart Saver Bills is not responsible for the contents of any such linked site. Including any link does not imply endorsement by Smart Saver Bills of the site. Use and/or access to any such linked website is at your own risk.
Smart Saver Bills does not operate, control or endorse any information, products, or services on the Internet in any way, except for information, products, or services clearly identified as being supplied by Smart Saver Bills. Smart Saver Bills cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. Smart Saver Bills assumes no responsibility or risk for your use of the Internet.
You will defend, hold harmless, and indemnify Smart Saver Bills, its owners, officers, directors, members, employees, contractors, suppliers, and its authorized agents (collectively the “Indemnified Parties”) from any breach of these Terms and Conditions by You, including any use of Materials other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability for any such breach or unauthorized use, and You agree to defend, hold harmless, and indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site.
15. Governing Law, Venue, and Attorney’s Fees
A. This Agreement shall be governed by and construed under the laws of Florida, without giving effect to the conflict of law provisions thereof. The parties agree that none of them shall commence any legal or equitable proceedings against the other except in, and each submits to the jurisdiction of, either the state courts in Charlotte County, Florida, or the federal courts in the United States District Court. Each party irrevocably waives, to the fullest extent permitted by law, all objections they may now or hereafter have to the venue of any such proceeding brought in any such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum.
B. In any action or proceeding by which Smart Saver Bills either seeks to enforce its rights under these Terms and Conditions or seeks a declaration of any rights or obligations under this agreement and is the prevailing party, Smart Saver Bills shall be awarded its reasonable legal fees, together with any costs and expenses, in connection with such proceeding, including those incurred on appeal or to enforce the final judgment, as well as any other relief to which it may be entitled at law or equity