Terms and Conditions & Privacy Policy

These Website Terms and Conditions of Use (“Terms and Conditions”) govern your (“You” or “you”) use of Billbusters’ Web Site (the “Web Site”). These Terms and Conditions are subject to change by Billbusters,  at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated: August 13th 2017

Terms

By accessing this web site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any 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 Website, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trademark law.

Use License

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:

a.modify or copy the materials;

b.use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c.attempt to decompile or reverse engineer any software contained on the Web Site;

d.remove any copyright or other proprietary notations from the materials; or

e.transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Billbusters 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.

Proprietary Information

You acknowledge and agree that the Materials accessible within the Web Site are the proprietary information of Billbusters, and Billbusters retains all right, title, and interest in the Materials. Accordingly, you will not reproduce, transmit, publish, or distribute such Materials to any third-party without the express written consent of the Billbusters 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.

Disclaimer

The materials on the Web Site are provided “as is”. Billbusters 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, Billbusters 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.

Limitations

In no event shall Billbusters, 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 Billbusters, even if Billbusters or a Billbusters authorized representative has been notified orally or in writing of the possibility of such damage. In no event will the collective liability of Billbusters, 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 Billbusters for the applicable service out of which the liability arose.

Information Provided

By providing personal and monthly billing information to Billbusters 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 Billbusters, 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. Billbusters will not share personal information except in negotiations with your service providers as provided under Section 7.

Authorizations Granted to Billbusters

By registering with Billbusters, you acknowledge and authorize Billbusters and its authorized agents to:

  1. Utilize the name and any and all account information provided to or that is available to Billbusters to negotiate billing rates with your service providers;
  2. Negotiate with your monthly service provider(s) as an agent on your behalf;
  3. Accept or reject agreements; enter contracts binding upon you; and act in any way necessary to accomplish the goal of obtaining lower rates for your monthly bills subject to any instructions provided in advance to Billbusters by you in writing.

Savings

Billbusters 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 Billbusters and its authorized agents cannot reduce your monthly rate(s) there will be absolutely no charge for services. Billbusters cannot guarantee and does not promise it can obtain lower rates or savings during negotiations on your behalf.

Costs and Billing

Residential

  1. If Billbusters or its authorized agents can obtain a lower rate for your monthly bill, you agree to pay the total sum of thirty-five percent (35%) of the savings obtained for that bill and/or account for the twelve (12) months following the renegotiation of your bill by Billbusters.
  2. Savings will be calculated by summing, for the number of billing periods falling within the twelve (12) month period following the negotiation, the difference between the rate of the bill when Billbusters initiates negotiations with your provider or providers on your behalf (“Current Rate”) and the renegotiated rate achieved by Billbusters (“New Rate”).
  3. If the Current Rate differs from the rate shown on the bill you initially submit to BillBusters when you sign up, savings will be calculated from the Current Rate, rather than the bill submitted.
  4. 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 Digital Service 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 Billbusters’ negotiations.
  5. At the end of the twelve (12) month period, if your rate rises because of the end of a promotion or any other reason, and you would like Billbusters to renegotiate a lower rate for the account again, the total cost will be thirty-five percent (35%) of the savings obtained for the following twelve (12) month period, which will be calculated as the difference between the rate of the bill when Billbusters initiates the second round of negotiations with your provider or providers on your behalf (“Current Rate”) and the second renegotiated rate achieved by Billbusters (“New Rate”). For example, if your Current Rate were $100 per month and Billbusters lowered it to $50 per month for twelve (12) months, you would initially be charged $25 per month for one year for Billbusters’ services. If, at the end of eleven (11) months, you asked Billbusters to renegotiate what would become a $100 dollar monthly bill again in one month’s time and Billbusters is able to keep the bill at $50, you will again pay $25 per month for the second twelve (12) month period.
  6. If you request that Billbusters cancel all service with a provider instead of   negotiating a better rate, there is a flat rate cancellation fee per bill of $25 dollars. If you request that Billbusters cancel part of your service and negotiate a lower rate on a remaining service, you agree to pay thirty-five percent (35%) of the savings obtained on the entire bill for the twelve (12) months following the renegotiation of the bill
  7. For payment, Billbusters will send you a savings summary/invoice electronically that will be payable through e-transfer or paypal. Billbusters will offer two (2) invoice options:
  • You pay the total invoice in full in one (1) payment; or
  • You pay one third(1/3) of your invoice total each month for three (3) consecutive months through recurring invoices (applicable for savings over 1000$ only).

Business

  1. If Billbusters or its authorized agents can obtain a lower rate for your monthly bill, you agree to pay the total sum of thirty-five percent (35%) of the savings obtained for that bill and/or account for duration of the savings renegotiated by Billbusters.
  2. Savings will be calculated by summing the difference between the rate of the bill when Billbusters initiates negotiations with your provider or providers on your behalf (“Current Rate”) and the renegotiated rate achieved by Billbusters (“New Rate”) for the number of billing periods that the New Rate is in place following the negotiation.
  3. If the Current Rate differs from the rate shown on the bill you initially submit to Billbusters when you sign up, savings will be calculated from the Current Rate, rather than the bill submitted.
  4. 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 Digital Service 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 Billbusters’ negotiations.
  5. If you request that Billbusters cancel all service instead of negotiating a better rate, there is a flat rate cancellation fee per bill of $35 dollars. If cancelling the service would incur an early termination fee from the provider, you are responsible for that fee. If you request that Billbusters waive a provider’s early termination fee, the waived portion of the fee will be considered Billbusters savings and charged at 35%. If you request that Billbusters cancel part of your service and negotiate a lower rate on a remaining service, you agree to pay thirty-five percent (35%) of the savings obtained on the entire bill for the duration of the savings.

No Savings

If Billbusters and/or its authorized agents cannot obtain lower rates for your    monthly bills, there is no cost to you.

General

Billbusters may reduce the percentage it charges for its services for promotional  reasons or during promotional periods in 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 Billbusters directly to You, the minimum charge for Billbusters’ services is twenty-five percent (25%) of savings obtained, regardless of any promotional offers.

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.

If the savings shown on a Billbusters invoice are not accurate, you must notify Billbusters within thirty (30) days of receiving your Billbusters invoice. Billbusters will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, Billbusters will adjust your Billbusters invoice accordingly or, if you’ve paid annually, refund a corresponding portion of your Billbusters invoice.

Billbusters 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 Billbusters must engage a collection agency or report your debt to credit bureau(s), Billbusters may charge a processing fee of $25 or more, subject to the maximum charge allowed by law.

If Billbusters accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.

Cancellation of Billbusters  Services

You may discontinue services with Billbusters at any time by notifying Billbusters through electronic mail, phone, or. mail. Cancellation is effective when the e-mail, call, and/or letter is received by Billbusters. Cancellation does not waive outstanding balances on your account, and Billbusters reserves the right to request payment in full for services rendered.

 Billbusters reserves the right to cancel your account with Billbusters at any  time    for any reason and request payment in full for services rendered through the date of cancellation.

Billbusters  is not a Financial Advisor

Billbusters 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 other professional adviser before making financial decisions.

Revisions and Errata

The Materials appearing on the Web Site could include technical, typographical, or photographic errors. Billbusters does not warrant that any of the Materials are accurate, complete, or current. Billbusters may change the Materials at any time without notice. Billbusters does not, however, make any commitment to update the Materials.

Links

Billbusters has not reviewed all of the sites linked to the Web Site, nor has it verified the accuracy or suitability of any information in any such sites. Billbusters is not responsible for the contents of any such linked site. Including any link does not imply endorsement by Billbusters of the site. Use and/or access of any such linked web site is at your own risk.

Billbusters 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 Billbusters. Billbusters 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 manifest contaminating or destructive properties. Billbusters assumes no responsibility or risk for your use of the Internet.

Indemnity

You will defend, hold harmless, and indemnify Billbusters, 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 to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's’ 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.

Governing Law, Venue and Attorney’s Fees

This Agreement shall be governed by and construed under the laws of Ontario, 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 provincial courts  in Carleton County, Ontario, or the federal courts of Canada. 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.

In any action or proceeding by which Billbusters 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, Billbusters 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.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy for you to understand how we collect, use, communicate, and disclose and make use of personal information. The following outlines our privacy policy:

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
  • We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain your written consent or as required by law;
  • We will only retain personal information as long as necessary to fulfill those purposes;
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned;
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date;
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification;
  • We will make readily available to Billbusters’ customers information about our policies and practices relating to the management of personal information; and
  • Some companies may deliver ads that might also place cookies and otherwise track user behavior. To opt out of having your personal information affect the serving of Google AdWords, visit https://www.google.com/ads/preferences/.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.