HORSEBILLS TERMS OF SERVICE

Effective Date: December 30, 2014

These Terms of Service (“Terms of Service”) serve as an agreement that sets forth the terms and conditions, which govern the use of the online bill management and bill payment services provided by Horsebills.com, LLC (“Horsebills.com”).  Horsebills.com provides its Services via the website, http(s)://www.Horsebills.com, and any related tools and services (collectively “Site and Services”).  By choosing to use our Site and Services, all parties also agree to these Terms of Service and express intent and agree to be bound by them.

Please read through these Terms of Service carefully, as they may have changed since your last visit to the Site.  Horsebills.com reserves the right to change these Terms of Service, or any portion thereof, at any time, without notice.  These changes will not apply to existing invoices and bill payments in which Users have agreed to prior Terms of Service.  Any persons or entities unwilling to agree to these Terms of Service shall discontinue further use of our Site and Services.

1.  Definitions

“eCheck/ACH” means an electronic withdrawal from a payment account using the Automated Clearing House system.

“Payee” means a Primary or Standard Vendor or Syndicate/Partnership Manager who provides an invoice to a Payer to request and receive payment through use of our Site and Services.

“Payer” refers to horse owner(s), syndicate/partnership manager(s) or vendor(s) receiving invoices from and providing payment to Payees through use of our Site and Services.

“Business Day” means a weekday, with the exception of federal holidays.

“Regular Business Hours” means Monday through Friday, 8am to 4pm Pacific Time, with the exception of federal holidays.

“User(s)” includes Payees and Payers who utilize our Site and Services for online bill management and bill payments.

“User Account” refers to the User’s account created and maintained on our Site.

“Primary Vendor” includes trainers, farm managers and consignors, vendors who are responsible for horses’ primary care and are responsible for maintaining the accurate ownership percentages on their Horsebills.com accounts.

“Standard Vendor” includes all other vendors, such as vets, horse haulers, feed and tack providers, etc.

“Syndicate/Partnership Manager” organizes a group of owners as shareholders in a horse. The Syndicate/Partnership Manager will receive and pay bills from vendors and also bill and receive payments from owners (shareholders).

“Scheduled Bill Payment” means a bill payment that has been scheduled using our Site and Services but has not yet begun processing.

“Services” means the bill payment management services provided to User by Horsebills.com.

2.  Services Provided

Horsebills.com is a cost-effective, time-saving, environment-friendly paperless revolution of how equine industries (Thoroughbred, Standardbred, Quarter Horses and Equestrian/Recreational) bill and receive payments on related services.  Our Site and Services facilitates online invoicing and simpler payment for owners to vendors and service providers for each horse or between one another.

3.  General Instructions and Procedures

Vendor Creates Invoice

Once a vendor (primary or standard) or syndicate/partnership manager registers to become a User, they will be able to create an online invoice.  Vendors will be required to prepare and send an invoice for each horse once.  After this initial invoice is created, Horsebills.com will automatically bill the accurate amount based on each ownership percentage.

Owner Email Notification

The horse owner(s), syndicate/partnership manager or vendor(s) will then receive an email notifying them of a newly created invoice.  Payer(s) must register to use our Site and Services, including to direct bill payment(s) for an invoice.

Information Verification

To create an account, a User must provide required information on the registration form on our Site.  To use our Site and Services, a User must provide bank routing numbers and checking account numbers to create a User Account.

Payment Method/User Account Information

Users agree to the following regarding User Account information:

  1. To be at least 18 years of age;
  2. Have authority to disclose User Account information, and if applicable, to bind User’s entity or organization;
  3. Authorize, and have the authority to authorize, the initiation of debit or credit entries, as applicable, to the User Account in accordance with instructions provided on https://www.Horsebills.com, as required by Horsebills.com’s third party payment provider, and if necessary, the initiation of adjustments for any transactions debited or credited in error;
  4. Authorize Horsebills.com’s third party payment provider to hold, receive, and disburse funds according to payment instructions provided on User’s behalf.
  5. Acknowledge that transactions initiated to User’s Account must comply with U.S. law; and
  6. Authorization will remain in effect until not later than thirty (30) days after Horsebills.com receives written notice from User’s desire to cancel.

Owner Accepts & Accesses Invoice

The owner or primary vendor must accept receipt of an invoice before the vendor can view the horse ownership percentage breakdown.  This is a one-time authorization to protect the private horse ownership information.

Unique Database

Horses will be added to a database maintained by Horsebills.com and owners will be assigned a percentage ownership in horses they own.  Due to frequent ownership changes, this feature will enable Payees to more efficiently manage their invoicing and payment requests.

Account Settings & Notifications

As Users, vendors, syndicate/partnership managers and owners will be able to set up notification alerts for various account activities, including selecting when and whether they wish to receive emails and the frequency of such notifications.  Vendors, syndicate/partnership managers and owners may choose to receive notification alerts for all account activity, or they may choose not to obtain email notifications and only view activity when logging into their User Account.  For example, Users may create notification alerts to remind them to schedule bill payments so that they will be paid on-time.

Dashboard

All Users, including Primary Vendors, Standard Vendors, Syndicate/ Partnership Managers and Owners, will have a dashboard on their User Account page which will reflect current status of invoices/bills: Draft, Invoices, Paid, Disputed, Payment Pending and Unpaid.

Bill Payment

Payers may choose to pay each invoice separately (plus the applicable Horsebills.com fee), or to pay multiple Payee invoices at the same time (plus the applicable Horsebills.com fee(s)).

Fees

Horsebills.com’s Fee structure is divided into two categories, based on the User’s use of our Site and Services.

Payer Fees:

For Payers, the fee is based on each payment made.

The fee amount depends on the payment method selected by the Payer.  Payers can choose to make payments by eCheck, or by credit card.

eCheck

$0.50 for each payment.

Credit Card Payments

2.59% plus $0.50 cents for each payment. Payee can elect through their settings whether they will pay the 2.59% credit card fee or whether that will be passed on to the payer.

For example, a $1000 payment requires a $26.40 fee for a credit card payment.

*Note: Payers will be able to stack invoices going to the same payee to make one payment, and pay one fee (subject to a maximum transaction amount of $25,000.00).

Primary, Standard Vendor or Syndicate/Partnership Manager (Payee) Fees:

Primary, Standard Vendors and Syndicate/Partnership Managers are required to pay Monthly Subscription Fees.

Primary Vendors’ Monthly Subscription Fees are separated into three (3) Tiers, based on the number of horses.  All Standard Vendors and Syndicate/Partnership Managers pay Tier Three Monthly Subscription Fees.

The “Introductory” Monthly Subscription Fees are as follows (rates are subject to increase):

Tier One (Silver): 1-5 horses = $34.99/month (Primary Vendor fee)

Tier Two (Gold): 6-15 horses = $54.99/month (Primary Vendor fee)

Tier Three (Platinum): 15+ horses = $74.99/month (Primary, Standard Vendor & Syndicate/Partnership Manager fee)

Horsebills.com fees are nonrefundable.  Horsebills.com reserves the right to change the amount of the fees from time to time, at our sole discretion.  We will post revised fees on our Site or notify you by email prior to the effective date of any fee changes.  If the fee changes are unacceptable, you may discontinue use of our Site and Services.

Scheduling Bill Payment

Payers will be able to view each invoice separately.  Payers will also have the option to make more than one payment, or “stack” payments to a vendor at the same time (subject to a maximum transaction amount).

eCheck Payments

eCheck payments require sufficient time for Payees to receive funds and to credit Payers’ accounts accordingly.  Bill payments are made through the Automated Clearing House (“ACH”), which typically takes 1 to 2 business days to post.  Accurate bank routing numbers and checking account numbers are necessary for timely bill payments.  Inaccurate bank routing numbers and checking accounts are likely to cause delay.

Horsebills.com is not responsible for any penalties, interest charges, and other late payment fees associated with payments that are delivered after the due date.

Payments may be made from domestic or international bank accounts.  At this time, payments may only be made to U.S. domestic bank accounts.

Horsebills.com may, in our sole discretion, place limits on the amount of money sent through our Site and Service, on a per transaction or cumulative basis, and change those limits at any time.

Settling Bill Payment

Once a Payer selects payment of an invoice/invoices, payment will be made to the Payee’s account, minus relevant Horsebills.com’s fees.  The Payee will be provided notification that payment has been made.

Dispute Process

Please note that all bill payments are final.  However, all Users will have the ability to raise and address any questions or concerns with each other regarding details on each invoice by utilizing a chat room provided on Our Site prior to payment.

Prohibited Uses

Users shall not use our Site and Services in connection with any illegal activity or involves any illegal goods or items, or is for any illegal purpose.  Users also may not use our Site and Services in connection with any Prohibited Transactions further described in our third party payment provider’s Acceptable Use policy.

Termination of Services

Horsebills.com reserves the right to suspend or terminate any User from use of our Site and Services at any time, without notice, for any reason in its sole discretion.  If Horsebills.com determines in its sole, good faith opinion that User is in violation of these Terms of Service, any applicable law, rule or regulation, then Horsebills.com may terminate a User Account. Horsebills.com will attempt to provide Users with notice prior to any suspension or termination of use of our Site and Services, but is not obligated to do so.

Users will remain liable for all Bill Payments initiated, pending, or posted through our Site and Services prior to such termination, and the performance of those obligations, including but not limited to payment of all invoice amounts and related Horsebills.com fees prior to termination or discontinuation of the use of our Site and Services.

Reporting Requirements

The Internal Revenue Service (IRS) requires filing a Form 1099-K for any User who (1) makes over 200 transactions, and (2) has more than $20,000 in receipts in a calendar year.  As a result, if User approaches these thresholds, User agrees to promptly provide the following information and other necessary information, including full legal name, tax identification number (EIN or SSN), and total dollar amount in receipts for the reporting year.

How to Contact Us

Horsebills.com strives to make every effort to address your needs, comments and concerns. Horsebills.com will maintain live web chat support during regular business hours on Our Site. You can contact us by phone at (888) 938-4643, Monday through Friday during business hours of 8am to 4pm Pacific Time, excluding federal holidays, or by email at Support@Horsebills.com.

Communication Between Parties

Unless otherwise agreed upon by all parties, all communication from Horsebills.com to Users will be posted on our Site, or by email to the last confirmed email address provided in the User’s Account. Users agree to use the Site to verify the accuracy of all email communications sent from Horsebills.com.  By agreeing to these Terms of Service, Users confirm having access to necessary hardware and software equipment to receive, open, print, or download copies of communications.

If User is unable to use our Site, he/she may contact Horsebills.com by phone at (888) 938-4643, Monday through Friday during business hours of 8am to 4pm Pacific Time, excluding federal holidays, or by email at Support@Horsebills.com to make temporary alternative arrangements for use of our Services.

User agrees to keep Horsebills.com updated and informed of any changes in User’s profile such as contact information, including valid email address so that Horsebills.com will be able to notify User in a timely fashion. Users may update this information on our Site by sending an email to Support@Horsebills.com (subject to confirmation as Horsebills.com may require), or by phone at (888) 938-4643 during regular business hours.

Non-Transferability of Services

Users may not assign these Terms of Service to any other person or entity.  The right to use our Site and Services shall not be sold or transferred to any other person or entity without Horsebills.com’s proper written consent.  Any assignment or transfer in violation of this provision shall be null and void.

Security

Horsebills.com uses secure sockets layer (“SSL”), a security protocol that provides data encryption, server authentication, and message integrity for connections to the internet, to ensure that the data you provide us is not transmitted over the internet unencrypted and cannot be viewed by unauthorized individuals.  Horsebills.com also implements a security system which requires a User ID and a password to access an account on our Site. Users are to properly safeguard their user IDs, passwords, or other authentication codes and agree not to give passwords or authentication codes to any other person or entity.

Disclaimers

User expressly agrees that use of our Site and Services is at your own risk and our Site and Services are provided on an “as is” and “as available” basis.  Horsebills.com does not warrant that our Site and Services are completely secure or free from viruses, interruptions, errors, or other limitations, or that all errors will be corrected.  This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

Limitation of Liability

In no event shall Horsebills.com be liable to Users for any incidental, special, exemplary or consequential damages, including loss of income, data, profits, revenue, or business interruption, or cost of substitute services, or other economic loss.  Even if Horsebills.com has been advised of the possibility of such damages, a User’s sole remedy is to stop using our Site and Services.  User agrees Horsebills.com’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent as permitted by applicable law.

Indemnity

Except as may be limited by applicable laws, Users agree to indemnify and hold Horsebills.com, its directors, partners and employees harmless from any third party claim, expense, damage, expense, reasonable attorneys’ fees and costs, arising out of, or in connection with User’s use of our Site and Services.

Force Majeure

Horsebills.com will not be responsible for delays, nonperformance, damages, lost profits, or other losses caused directly or indirectly by any act of God, including, without limitation, fires, earthquakes, tornadoes, or hurricanes, as well as wars, labor disputes, communication failures, legal constraints, power outages, data transmission loss, data loss, failure or interception, incorrect data transmission or any other event outside the direct control of Horsebills.com.

Privacy Policy

Users can find Horsebills.com’s Privacy Policy at (https://horsebills.com/privacy-policy/)

Incorporation

Horsebills.com uses PayStand.com as its third party service provider for payment services (e.g. eCheck processing, credit card processing, merchant settlement, and related services).  By using Horsebills.com’s online bill management and payment services, you agree to be bound by Paystand’s Privacy Policy: http://www.paystand.com/privac/ and hereby consent and authorize Horsebills.com and PayStand.com to share any information and payments instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your payments.  Our third party payment processor is PCI-DSS compliant and maintains industry best practices.

Applicable Law/Venue

This agreement shall be governed by and construed in accordance with the laws of the state of California.

Severability

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.  Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.

Entire Agreement

In case of conflict between any of these Terms of Service, or its incorporated agreements, this agreement replaces and supersedes any and all agreements between parties, including any and all oral agreements or prior writings.

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