Bill Negotiation Services | Lower Your Bill and Save Money

Terms and Conditions

GENERAL
1. This website (including any content on this website) (Website) is owned and operated by Bill ExpertsPty Ltd ABN: 14 636 546 024 (Bill Experts, we or us).
2. The terms and conditions outlined in this document outline the rights and obligations of any individual or entity that accesses or uses this Website (User, you, or your)
3. Access and use of this website are at all times subject to the terms and conditions (Terms) outlined in this document.
4. By accessing this website and using it any in manner whatsoever, you agree to be bound by each of these Terms. If you do not agree with eachof these Terms, you must cease accessing and/or otherwise using the Website immediately.
5. Your right to the use this Website and the Bill Experts Service (as defined below) is contingent upon your ongoing compliance with these Terms. In the event you breach any of these Terms, your right to use this Website will cease automatically and without any further action or notice from us.
6. We may amend these Terms at any time with prior notice. However, we will post any updated Terms on the Website on and from the date on which they are to apply, up until the date they cease to have effect.
THE SERVICES WE PROVIDE
1. The services we provide through this Website include, but are not limited to, an assessment and information service (Bill Experts Service) in relation to the provision of utilities, telecommunications, loans, credit cards and/or insurance services that are provided and paid for periodically (Provider Services)
2. In particular, the Bill Experts Service:
  - as an initial step, requires you to provide us with a copy of any Bills in respect of which you wish to access the Bill Experts Service (Application);
  - as a pre-condition, requires you to sign a limited purpose Letter of Authority (or similar) (Authority) authorising us to interact with your currentor other service providers (Providers). The Authority will allow us to:
    - obtain any information associated with your existing account with the Provider (Bill Account);
    - discuss the terms on which a Provider (whether an existing or new Provider) can provide any of the Provider Services that you require.
    - cancel a Bill Account and establish a new account with another Provider on your behalf.
    - subject to the Authority and the provisionof your Consent (as defined in this document), making changes to a Bill Account
  - will provide to you, if available (and subject the fulfillment of the pre-conditions above), within a time period of 2to 15days (which may be extended in our sole discretion and with no notice to you), a summary of the discounts offered by the Providers in respect of any Bill Account (Provider Offers), which we will present to you as a total saving amount
  - subject to your consent via the Websiteor via our Customer Service Line, will arrange for the acceptance of the Provider Offers on your behalf and arrange for any changes required to your Bill Account upon such acceptance.
3. For the avoidance of doubt:
  - Bill Experts does not provide (and is not responsible for providing) any of the services contemplated by any Provider Offers. You are responsible for ensuring that the Provider Offers are suitable for your purposes and you acknowledge that the terms and conditions on which any Provider Offers are made are solely a matter between you and the Provider, provided Bill Experts had provided (or arranged for the provision of) an accurate copy those terms and conditions.
  - the Bill Experts Service is, in substance, an information sharing service whereby Bill Experts will provide you with information supplied by Providers. However, Bill Experts does not warrant or represent that:
  - in seeking any Provider Offers, that it will contact each and every Provider that may provide a particular kind of Provider Service; or that
  - any services proposed pursuant to any Provider Offers are identical to your existing services (although Bill Experts will provide you with any documents provided by any Providers as part of any Provider Offers so that you are able to make any comparisons required)
INDEMNITIES AND DISCLAIMERS REGARDING THE SERVICES WE PROVIDE
1. For the avoidance of doubt, by completing the Application and providing the Authority, you:
  - appoint us as your agent to interact with any relevant Providers subject to a full indemnity in our favour in respect of any Claims, loss, damage and/or other liabilities whatsoever arising in respect of any Provider Services or incidental matters, provided that such Claims, loss, damage and/or other liabilities have not arisen as a result of any gross negligence by us;
  - expressly authorise us to, upon acceptance of any Provider Offers, make any change to your account with the Providers in question provided that such change is in accordance with the corresponding Provider Offer
2. Accordingly, in providing the Bill Experts Service, we disclaim, to the fullest extent possible liability for any Claims, loss, damage and/or other liabilities whatsoever arising from the provision of the Bill Experts Service, provided that such Claims, loss, damage and/or other liabilities have not arisen as a result of any gross negligence by us.
3. The Bill Experts Service is an information service that provides for the potential offer of periodic reductions in the cost of Provider Services, as offered by various Providers from time to time. As such, neither the Bill Experts Service nor any other content contained in this Website is intended to (or should be understood as) promising, guaranteeing or representing any particular outcome or result. By using the Bill Experts Service, you acknowledge that we are not obliged, in any way whatsoever, to provide any service or achieve any particular or result on your behalf until such time that you have instructed us to accept a Provider Offer.
4. If you are dissatisfied with the Bill Experts Service, you must cease using the Bill Experts Service immediately by contacting us and expressly requesting that we cancel the service. To the fullest extent possible under the law, Bill Experts excludes any further rights or remedies that you may otherwise have had under this Agreement or at law.
5. By using the Bill Experts Service, you indemnify Bill Experts and its directors, officers, members, employees, agents or representatives in respect of any suits, demands, damages and losses (including legal fees) arising out of:
  - your failure to comply with this Agreement, including any warranties or representations contained herein;
  - any infringement of the copyright or intellectual property rights of any third party;
  - your misuse of the Website and/or the Bill Experts Service;
  - your failure to comply with any applicable laws, regulations or other legislative instruments in connection with your use of the Website and/or the Bill Experts Service;
  - any information you provide to us and our subsequent reliance on that information;
  - any content that you post or submit on a social media service or other public forum
6. No oral or written statements made by Bill Experts or any of its representatives or agents are to be taken as varying (in any way whatsoever) any of the exclusions of liability and/or indemnities contained in this clause.
SAVINGS CALCULATOR INFORMATION
1. The results from the savings calculator are indicative and estimate only. The calculation is based on the information input by you and a number of our assumptions. The results may vary from the actual savings depending on the type of service, plan, offer, discount and several other factors. This is general information only and you should consider if our services are appropriate for you
OFFERED SAVING
1. In providing you with a summary of any applicable Provider Offers, Bill Experts may also publish an amount referred to as ‘Offered Saving’ (Offered Savings)
2. Any Offered Savings published are an automatically generated result calculated on the basis of any Provider Offers provided.
3. Specifically, any Offered Savings amount published is calculated on a collective basis in relation to each of your existing Provider Services (as advised by you to Bill Experts) on an annualised basis, by comparing the total amount payable by you under each of the Provider Offers in a 12 months period against the total amount otherwise payable to your current Providers in as 12 month period.
4. However, the actual amount of Offered Savings will vary and will be affected by:
  - the billing cycle for any new or other accounts established pursuant to the Provider Offers;
  - any price increases that occur after the Provider Offers have been obtained;
  - one-off purchases, including equipment charges;
  - regularly scheduled price increases;
  - the addition of features or products after the Provider Offers have been obtained;
  - the expiration of any discounts or promotions after the Provider Offers have been obtained; and/or
  - the removal or addition of any Bills or Provider Accounts from the Bill Experts Service.
5. For the avoidance of doubt, Bill Experts does not, accept any responsibility for the accuracy of the Offered Savings, apart from undertaking to publish any Offered Savings in accordance with this clause and with any information provided by any relevant Providers.
6. Furthermore, by providing you with an estimate of Offered Savings, Bill Experts does not provide any warranty, representation or guarantee as to the suitability of any products and/or services, nor does not it make any warranty, representation or guarantee relating to any particular financial or legal outcome or goal.
7. You acknowledge that you are solely responsible for ensuring that the Offered Savings are applied by the relevant Providers and for following up or contacting any Providers regarding the Offered Savings. However, Bill Experts will, where possible, assist in making any enquiries where the failure to accurately apply any Offered Savings is solely referrable to Bill Expert’s gross negligence.
PAYMENT
1. You are not indebted to Bill Experts until such time that you accept a Provider Offer.However, upon acceptance of a Provider Offer, you will immediately become indebted to Bill Experts, as a liquidated sum and without set-off or deduction of any kind, as follows: 30% of the total Offered Savings accepted by you.
2. Despite Clause 5.1, Bill Experts may, at its discretion, permit you to make the Payment by way of 3 or 6 monthly instalments (Periodic Payments), subject to:
  - the establishment of a direct debt agreement between you and Bill Experts;
  - the payment of a one-off, additional establishment fee of $0;
  - in relation to any missed payments, a dishonour fee of $15;
  - in relation to any missed payments, a monthly late fee of $20, which will be applied in respect of each missed payment.
3. Any Payments (other than Periodic Payments) may only be paid by direct debit, EFT or Credit card. No other forms of payment are accepted.
4. For the avoidance of doubt, you acknowledge and agree that each of the fees outlined at Clause 5.2 reflect the loss and damage that will be suffered by Bill Experts in the event of a late or missed payment, but do not otherwise limit any rights Bill Experts may have under this agreement or at law.
5. You further acknowledge that you are at times liable for the Payment, even if you subsequently choose to terminate any services provided pursuant to any of the Provider Offers.
6. You acknowledge that these Terms, exhibited to an affidavit along with evidence of your acceptance of the relevant Provider Offer(s) may be adduced as conclusive evidence of:
  - your liability for the Payment, on addition to any legal fees and other debt collection costs associated with the recovery of the Payment; and
  - your consent to judgment in respect of the amounts outlined at Clause 5.6(a) above.
COMMUNICATIONS AND ELECTRONIC SIGNATURES
1. By using the Website and/or the Bill Experts Service, you agree to the use of electronic communication in order to enter into a binding contract and/or provide a limited purpose, non-enduring power of attorney in the form of the Authority.
2. You further agree to the electronic delivery of all notices, invoices and other communications required, whether by email to the email address nominated by you, or by text message to the mobile phone number nominated by you.
3. As a result, you waive (to the fullest extent possible) any rights you may have at law to receive or require an original copy of any contracts, notices, authorities or other communications, or a copy of any contracts, deeds or authorities bearing an original signature or signatures.
4. You further agree and warrant that:you are solely responsible for ensuring that you provide Bill Experts with your current email address and phone number.
5. Bill Experts does not accept service of any notices, or delivery of any communications whatsoever by any channels or means other than those published in the Website.
DISPUTE RESOLUTION
1. Should any dispute or difference arise between you and Bill Experts in connection with the Bill Experts Service (or any incidental matter), then the procedure in this clause shall apply.
2. The party claiming that a dispute or difference has arisen must give written notice to the other party specifying the nature of the dispute or difference.
3. On receipt of a notice by the other party under Clause 7.2, the parties must:
  - endeavour, at first instance, to resolve the matter by way of negotiation;
  - endeavour, in the event the dispute cannot be resolved within 30 days (or any other time frame mutually agreed by the parties), to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, independent Experts evaluation or determination or similar techniques agreed by them;
  - if the parties do not agree within 10 Business Days of referral under Clause 7.3(a) (or any other period agreed in writing by them) concerning:
    - the dispute resolution technique and procedures to be adopted;
    - the timetable for all steps in those procedures; and
    - the selection and compensation of the neutral person required for the technique,
    or if the informal dispute resolution techniques are unable to resolve the dispute, the parties must submit the dispute or difference to a single mediator nominated by the President for the time being of the Law Institute of Victoria, or if that body ceases to exist, the President for the time being of the Institute of Chartered Accountants in Australia (Victorian Branch) or any succeeding body, and such person will determine the mediator’s compensation.
4. Unless otherwise agreed in writing by the parties to the mediation:
  - the place of mediation shall be in Melbourne, Victoria;
  - the parties to the mediation shall be entitled to legal representation;
  - the mediator shall determine procedural matters for the conduct of the mediation; and
  - the costs of and incidental to every such reference to mediation shall be borne equally between the Provider and the Licensee.
5. The parties must continue to perform their respective obligations under these Terms despite the existence of a dispute, including payment of any amounts which are due and payable under these Terms.
6. Each party must pay its own costs in relation to complying with this clause.
7. The parties agree that if a dispute arises out of or relates to these Terms (or in relation to the Bill Experts Service generally) a party may not commence any court or arbitration proceedings relating to the dispute unless it has complied with the provisions of this clause, except to seek urgent interlocutory relief.
8. Should the parties not reach a resolution of the dispute or difference as a result of the mediation process (or other agreed process) within 20 Business Days of the initial reference to mediation (or other agreed process) or at the expiry of any reasonable timetable set by the mediator (or controller of the other agreed process), then either party shall be at liberty to institute formal legal proceedings in respect of that dispute or difference.
PRIVACY AND USE OF YOUR INFORMATION
1. Any information that you provide in the course of using the Website or the Bill Experts Service is dealt with in accordance with the Bill Experts Privacy Policy, an copy of which can be accessed here
TERMINATION
1. Nothing in these Terms is intended to modify any rights either you or we may have at general law.
2. However, for the avoidance of doubt, Bill Experts may, at any time, terminate your use of the Website or the Bill Experts Service in the event you fail to comply with any provision of these Terms.
3. You may terminate your use of the Website or the Bill Experts Service at any time. However, such termination will not affect our right to collect any Payment or other amount to which we are entitled as at the date of termination.
ASSIGNMENT
1. We may, at any time, transfer all or any part of our rights and benefits under these Terms by assigning to any individual or entity all or any part our rights and benefits hereunder in consideration of the agreement of each such assignee to perform that percentage or portion of our obligations hereunder that corresponds with the percentage or portion of our rights and benefits so assigned.
2. For the avoidance of doubt, subject to Clause 10.1, we do not require your consent or authorisation to give effect to any assignment of any of our rights and benefits under these Term.
NO WAIVER
1. No failure or delay by us to exercise any right that we may have under these Terms, or any failure to insist on strict compliance with these Terms or any other custom or practice at variance with these Terms shall constitute a waiver of our rights to demand exact compliance with these Terms.
2. In the event that we waive any rights that we may have in respect of a breach of these Terms by you, such waiver will not affect or prejudice any rights we have in respect of any subsequent breach of the same or different nature.
PARTIAL INVALIDITY AND AMENDMENT
1. If any provision, or part thereof, of these Terms or any agreement or document relating thereto, is found to be in violation of public policy, illegal, unenforceable, void or voidable, in law or in equity in any jurisdiction, such finding shall not affect any other provision or part thereof or the operation of the affected provision in any other jurisdiction.
ENTIRE AGREEMENT
1. These Terms constitute the entire agreement between you and us in respect of the Website and the Bill Experts Service and therefore supersedes any other agreement, understanding or representation regarding these matters, which are hereby excluded to the fullest extent possible.
GOVERNING LAW AND JURISDICTION
1. This Deed is governed by the law in force in the State of Victoria.
2. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria and courts of appeal from them for determining any dispute concerning this Deed.
3. Each Party waives any right it has to object to a proceeding being brought in those courts, including, but not limited to, claiming that the proceeding has been brought in an inconvenient forum or that those courts do not have jurisdiction.