Terms of Service

Effective Date: February 01, 2020

1) Introduction

These Terms of Service (“Terms”) govern your access to and use of the website located at www.billcares.com (the “Site”) and the services provided by BILLCARES PROVIDER SERVICES LLC doing business as Bill Cares (“Bill Cares,” “we,” “us,” or “our”), including medical billing, coding, credentialing, provider enrollment, AR follow-up, denial management, medical auditing, reporting, virtual assistant support, and related healthcare administrative support services (collectively, the “Services”). Bill Cares publicly advertises these services on its website.

By accessing the Site, submitting an inquiry, signing a proposal, service agreement, statement of work, business associate agreement, or other order document, or by using the Services, you agree to these Terms and our Privacy Policy. Together with any service agreement, proposal, order form, statement of work, or other written commercial terms accepted by both parties, these Terms form the “Agreement.”

If you accept these Terms on behalf of a company, medical practice, provider group, or other organization, you represent and warrant that you have authority to bind that organization.

We may update these Terms from time to time. If we make material changes, we may provide notice by posting updated Terms on the Site, by email, or by other reasonable means. Your continued use of the Site or Services after the effective date of updated Terms constitutes acceptance of the revised Terms.

2) Definitions

Account means any account, login, portal access, or authorized user credentials used to access portions of the Services or related systems.

Client means the individual or entity that engages Bill Cares to provide Services.

Client Data means information, records, files, content, and materials provided by or on behalf of the Client, or made available to Bill Cares in connection with the Services, including practice data, payer information, provider enrollment data, claims-related data, reports, communications, and, where applicable, protected health information.

Documentation means any guides, onboarding materials, policies, workflows, service descriptions, or instructions made available by Bill Cares

Order Document means any proposal, statement of work, order form, pricing sheet, service agreement, business associate agreement, or similar document governing the scope, pricing, or term of Services.

Services means the services offered by Bill Cares, including but not limited to medical billing and coding, credentialing, enrollment, AR and denial management, medical auditing, reporting, virtual assistant support, and related administrative support services. Bill Cares publicly lists these services on its website.

Subscription Term or Service Term means the initial term and any renewal term stated in the applicable Order Document, if one applies.

3) Eligibility and accounts

You must be at least 18 years old to use the Site or enter into an Agreement with Bill Cares.

If Bill Cares provides account credentials or system access, you must keep credentials secure and confidential and ensure that all information you provide is accurate and current. You are responsible for all activity that occurs under your account or through your authorized personnel.

You may not share account access in an unauthorized manner or use another person’s credentials without permission.

4) Services

During the applicable Service Term, and subject to payment of all fees and compliance with this Agreement, Bill Cares will provide the Services described in the applicable Order Document or otherwise agreed scope.

• 4.1 Nature of the Services

Bill Cares is a healthcare administrative and revenue cycle support provider. Its public website describes services including billing and coding, credentialing, enrollment, denial management, auditing, and virtual assistant support for healthcare practices and providers.

Bill Cares does not provide legal advice, tax advice, medical advice, or clinical decision-making unless expressly stated in a separately executed agreement.

• 4.2 Changes to the Services

We may improve, modify, suspend, or discontinue portions of the Site or Services from time to time for operational, legal, compliance, or business reasons. If we materially reduce a core paid Service during an active prepaid term without replacement, your sole remedy will be to terminate the affected Service and request a pro rata refund of prepaid fees for the unused portion of that affected Service, if applicable.

• 4.3 Third-party systems

The Services may involve use of third-party systems, portals, clearinghouses, payer systems, EHRs, PM systems, communication tools, and other third-party platforms. Bill Cares is not responsible for downtime, outages, policy changes, access restrictions, delays, data errors, or failures caused by third-party systems.

5) Client responsibilities

You agree to the following:

• 5.1 Lawful use and consents

You will comply with all applicable laws, regulations, payer requirements, and professional obligations relevant to your use of the Services, including billing, documentation, communications, and privacy obligations.

You are responsible for obtaining all legally required notices, authorizations, and consents, including any required consent for calls, texts, recordings, patient communications, and use of third-party systems.

• 5.2 Accurate and complete information

You will provide accurate, complete, and timely information needed for Bill Cares to perform the Services. Bill Cares is not responsible for delays, denials, lost revenue, enrollment issues, or compliance issues caused by incomplete, inaccurate, late, or misleading information supplied by you or your personnel.

• 5.3 Client Data rights

You represent and warrant that you have all rights, permissions, and legal authority necessary to provide Client Data to Bill Cares and to authorize Bill Cares to use, access, process, transmit, and store that data as needed to perform the Services.

• 5.4 Internal oversight

You remain responsible for your medical practice, compliance program, coding policies, provider supervision, payer relationships, and final review of submissions, reports, and operational decisions unless a separate written agreement expressly shifts a responsibility.

6) HIPAA, PHI, and compliance

Bill Cares publicly states that it follows HIPAA and HITECH-aligned safeguards, including encryption, secure server environments, strict access controls, and internal audits.

If Bill Cares handles protected health information on your behalf and applicable law requires a Business Associate Agreement, the parties will execute a valid BAA before such handling to the extent legally required.

You acknowledge that your compliance obligations remain your responsibility, including your own HIPAA compliance, billing compliance, coding compliance, documentation standards, payer rules, and medical necessity requirements.

7) Messaging, calls, and communications

Bill Cares website includes public language stating that by providing a phone number, users agree to receive text messages, that message and data rates may apply, that message frequency may vary, and that users may opt out by replying STOP. The website also states that mobile information and text messaging consent information will not be shared with third parties for marketing purposes.

Accordingly, by providing contact information to Bill Cares, you consent to receive service-related communications from us, including emails, phone calls, and text messages, subject to applicable law. Marketing communications, if any, remain subject to opt-out rights.

You are responsible for ensuring that any contact information you provide belongs to you or that you have authority to provide it.

8) Fees and payment

Fees for the Services will be stated in the applicable Order Document, invoice, pricing schedule, or other written agreement.

Unless otherwise stated in writing:

• fees are non-refundable once earned,
• invoices are due according to the stated payment terms,
• late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law,
• Bill Cares may suspend or withhold Services for overdue balances after notice where commercially reasonable,
• you are responsible for applicable taxes, duties, or governmental charges, excluding taxes based on Bill Cares net income.

If Services are billed on a recurring basis, renewals, notice periods, and any price changes will be governed by the applicable Order Document or written agreement. I cannot confirm from the public website whether Bill Cares uses automatic online renewals as a standard practice, so this should match your actual billing model before publication.

9) Support and service delivery

Bill Cares will use commercially reasonable efforts to provide the Services in accordance with the agreed scope and ordinary business operations.

Support, response times, reporting frequency, and escalation procedures will be governed by the applicable Order Document or internal service workflow where applicable. Emergency support, after-hours work, payer deadlines, and urgent enrollments may be subject to separate fees or operational limitations.

10) Intellectual property

Bill Cares and its licensors retain all right, title, and interest in and to the Site, branding, service materials, Documentation, workflows, reports templates, methods, know-how, and all related intellectual property, except for Client Data.

No ownership rights are transferred to you except for the limited right to receive and use the Services under this Agreement.

If you provide feedback, suggestions, or ideas regarding the Site or Services, you grant Bill Cares a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without restriction or obligation.

11) Confidentiality

Each party may receive confidential or proprietary information from the other party (“Confidential Information”). Each party agrees to:

• protect the other party’s Confidential Information using reasonable care,
• use it only as needed to perform or receive Services under the Agreement,
• disclose it only to personnel, contractors, or advisors who have a need to know and are bound by confidentiality obligations.

Confidential Information does not include information that is publicly available without breach, already lawfully known, independently developed without use of the other party’s Confidential Information, or lawfully received from a third party without confidentiality restriction.

A party may disclose Confidential Information if required by law, subpoena, court order, or regulatory requirement, provided it gives notice where legally permitted.

12) Privacy

Your use of the Site and Services is also governed by the Bill Cares Privacy Policy. Where Rhino MDs processes Personal Data or Client Data on your behalf, the parties may also execute additional data protection or business associate terms where required.

13) Disclaimers

Except as expressly stated in a written agreement signed by Bill Cares, the Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis.

To the maximum extent permitted by law, Bill Cares disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

Bill Cares does not guarantee:

• uninterrupted or error-free operation,
• acceptance of claims by payers,
• reimbursement amounts,
• payer credentialing approval,
• audit outcomes,
• collection levels,
• compliance outcomes,
• business growth, savings, or financial results.

Public site statements such as first-pass rate, satisfaction, or cost reduction claims are marketing statements on the website and should not be treated as contractual guarantees unless expressly stated in a signed agreement. Bill Cares website contains public performance and service marketing language.

14) Indemnification

You agree to defend, indemnify, and hold harmless Bill Cares and its officers, managers, employees, affiliates, and contractors from third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your breach of this Agreement,
• your violation of law or payer requirements,
• your Client Data,
• your failure to obtain required consents or permissions,
• your negligence, misconduct, or misrepresentations.

Bill Cares will defend you against third-party claims alleging that the Services, excluding Client Data, third-party systems, or materials supplied by you, directly infringe a valid U.S. intellectual property right, and Bill Cares may, at its option, modify the Services, obtain rights for continued use, or terminate the affected Services and refund any unused prepaid fees for the affected portion. This section states Bill Cares sole liability and your exclusive remedy for such claims.

15) Limitation of liability

To the maximum extent permitted by law:

• neither party will be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost business opportunities, or data loss, even if advised of the possibility;
• each party’s aggregate liability arising out of or related to this Agreement will not exceed the total amount paid or payable by you to Bill Cares for the Services giving rise to the claim during the twelve months preceding the event giving rise to liability.

These limitations do not apply to obligations that cannot be limited by law, or to liability arising from gross negligence, willful misconduct, fraud, or a party’s confidentiality or indemnification obligations, to the extent such exclusions are required or allowed under applicable law.

16) Term and termination

The Agreement begins on the earlier of the date you first use the Services or the effective date of the applicable Order Document, and continues for the applicable Service Term unless terminated earlier under these Terms.

Either party may terminate:

• for material breach not cured within 15 days after written notice, or
• immediately if the other party becomes insolvent, ceases business, or enters bankruptcy proceedings, to the extent permitted by law.

Rhino MDs may suspend or terminate Services for nonpayment, misuse, unlawful activity, security risk, or violation of these Terms.

Upon termination:

• your right to use the Services ends,
• outstanding fees become immediately due,
• each party will return or destroy Confidential Information as required by law or agreement,
• Bill Cares may retain records where required for legal, tax, compliance, security, backup, or dispute-resolution purposes.

If Client Data is stored by Bill Cares after termination, Bill Cares may delete it after a reasonable post-termination period unless otherwise required by law or agreed in writing. I cannot confirm Bill Cares exact standard post-termination retention window from the public website, so do not publish a fixed number unless it matches your operations.

17) Governing law and venue

These Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Texas, without regard to conflict of law principles.

The exclusive venue for any legal action arising out of or relating to this Agreement will be the state or federal courts located in Texas, and each party consents to personal jurisdiction there.

Because Bill Cares public business address is in Frisco, Texas, Texas governing law is the most grounded default unless you want a different forum selected by counsel. Bill Cares publicly lists its Frisco, Texas address on its website.

18) Miscellaneous

Assignment. Neither party may assign this Agreement without the other party’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.

Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship.

Force majeure. Neither party will be liable for failure or delay caused by events beyond its reasonable control, including natural disasters, labor disputes, internet outages, governmental actions, war, terrorism, epidemics, utility failures, or third-party service interruptions.

Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.

Waiver. Failure to enforce any provision is not a waiver of future enforcement.

Entire agreement. These Terms, together with the Privacy Policy and any applicable Order Document, constitute the entire agreement between the parties regarding the subject matter and supersede prior discussions on that subject.

Publicity. Bill Cares may identify you as a client using your business name and logo unless you object in writing. Do not keep this clause unless you actually want that right operationally.

19) Contact information

Bill Cares PROVIDER SERVICES LLC
10638 Se 254th PI Apt B 308 Kent WA 98030
Email: admin@billcares.com
Phone: +1 241-638-4145