1. Your relationship with HelpCollect.com

 

1.2       Your agreement with HelpCollect.com always includes, at least, the “Main Terms”. The agreement also includes the terms of any Amendments (“Additional Terms”). The Main Terms and the Additional Terms form a legally binding agreement referred to below as the “Terms & Conditions”.

1.3       If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall take precedence in relation to that Service.

 

2. Use of Services Is Accepting

2.1       You must first agree to the Terms before using HelpCollect.com. You may not use the Services if you do not accept the Terms & Conditions, or it is reasonably obvious that you cannot comply with its terms. 

2.2       You can accept the Terms & Conditions by, (A) clicking to accept or agree to the Terms & Conditions; or (B) by actually using the Services. Each time you use the Services; you confirm agreement with the Terms & Conditions and that you are complying with its requirements. 

2.3       You may not use the Services and may not accept the Terms if you are not of legal age, or for any legal reason, cannot form a binding contract with HelpCollect.com.

2.4              Before you continue, you should print off or save a local copy of the Main Terms for your records.

 

3. Your Obligations and Representations

 

3.1       You acknowledge and agree to the followings: 

 

3.2              You acknowledge that there are applicable statutes of limitations to your debts, and that HelpCollect.com has no responsibilities for those deadlines. We have no obligation to protect the statute of limitations for you. 

3.3              If a debtor disputes that the debt, or any portion thereof is disputed, we will notify you by email. You are obligated to obtain verification.  Regardless, you agree that no further letters will be sent on disputed debts, and that collection will be terminated on that debt. You will not cause for any letters to be sent on the disputed debt through HelpCollect.com. You agree to this procedure of HelpCollect.com. The disputed debts will be sent to Closed Collections Folder under “My Panel.” 

3.4              If for any reasons, including as stated in 3.3, no further letters are to be sent on a debt, you agree not to re-submit the debt to us, or enter in our system, in a different way. 

3.5              After the letters in each package you purchased are sent, then the debt is moved to “Closed Collections” under “My Panel.” If the debt is later resolved, you agree to go to the “Closed Collections” and mark that resolved or paid debts as so. 

 

4. No Other Relationship 

4.1       ATTORNEYS MAY BE EMPLOYED OR WORK AT HELPCOLLECT.COM, AND THEY MAY PARTICIPATE IN PERFORMING THE SERVICES OF HELPCOLLECT.COM, INCLUDING SIGNING COLLECTION LETTERS. THESE ATTORNEYS ARE PART OF HELPCOLLECT.COM AND ARE ONLY PERFORMING OUR DUTIES. THEY DO NOT REPRESENT YOU AS ATTORNEYS; THERE IS NO SEPARATE RELATIONSHIP WITH THEM. 

4.2       YOU UNDERSTAND AND AGREE THAT HELPCOLLECT.COM IS NOT A LAW FIRM AND IS NOT REPRESENTING YOU AS AN ATTORNEY. THERE IS NO OTHER RELATIONSHIP ESTABLISHED EXCEPT COLLECTION EFFORTS ON YOUR DEBTS OF SENDING LETTERS OUT FOR YOU, TO THE LIMITED EXTENT SET IN THE AGREEMENT. WE WILL ONLY PROVIDE THE SERVICES OFFERED, AND THERE IS NO OTHER OBLIGATION OR DUTY OWED BY HELPCOLLECT.COM TO YOU. 

4.3       You acknowledge and agree that the scope of our obligation to you does not expand because attorneys render part of the Services. HelpCollect, or any of our representatives (whether they are attorneys or not) do not have any other relationship with you, do not represent you legally, will not legally protect your interests, or function as your attorneys. 

4.4       You agree that you will consult with an attorney of your choice to know your rights and to protect your interests. HelpCollect.com has no obligations to provide you with legal advice, or inform you of your rights under any circumstances. You agree that learning and protecting your rights are solely your responsibility.   

 

5. Consent That We Can Collect from You

5.1       This consent and waiver is an important part of this agreement, and if you do not agree with it, understand it, or have any doubts or questions about it, please consult an attorney, and do not, under any circumstances, use our Services.   

5.2       YOU UNDERSTAND ANOTHER PERSON OR COMPANY MAY USE HELPCOLLECT.COM TO COLLECT A DEBT FROM YOU. YOU CONSENT AND AGREE THAT HELPCOLLECT.COM HAS THE RIGHT TO COLLECT FROM YOU ON BEHALF OF OTHERS, WHETHER WE SENT LETTERS ON YOUR BEHALF IN THE PAST OR ARE CURRENTLY SENDING LETTERS FOR YOU.  YOU CONSENT AND AGREE THAT HELPCOLLECT.COM CAN TAKE COLLECTION ACTIONS THAT INCLUDE BUT ARE NOT LIMITED TO SENDING COLLECTION LETTERS TO YOU, CONTACT YOU REGARDING THE DEBT, TAKE POSSIBLE LEGAL ACTION AGAINST YOU ON BEHALF OF ANOTHER USER, REPORT TO CREDIT AGENCY, OR OUR ATTORNEYS MAY SEND YOU LETTERS OR PURSUE YOU LEGALLY ON SUCH DEBTS.

5.3       You agree and consent that the attorneys who work for us, whether any particular one signed a letter for a debt you submitted, are allowed to pursue collections, or other matters, against you, send you collection letters, represent clients against you as an attorney, and bring a legal action or claim against you. You consent and waive any conflicts of interests. 

5.4       You acknowledge that the information you provided to us is basic and generic contact/identifying information about yourself or your company. If you believe that any information you provide us is considered sensitive to you, please do not send to us. As such, you agree that the nature of the information you provided us comfortably allows you to agree to the consent and waiver explained here. 

5.5              YOU KNOWINGLY WAIVE ANY CONFLICT OF INTERESTS THAT MAY EXIST. 

6. The Scope of Services by HelpCollect.com

6.1       The services are access to our collection management software online and sending out collection letters you purchased through FIRST CLASS U.S. MAIL, subject to limitations, exceptions, and availability described in the Terms & Conditions.   Fees for Services are as provided on the website at the time of purchase. Our system only accepts debts of $10,000 and below. 

6.2       You agree that we are will not send letters if: A debt is disputed, resolved, closed, or letters are stopped through our system. Debtor requests a stop, law prevents further letters, you violate this agreement, and you do not satisfy your obligations under the law or the agreement. And, we determine in our sole discretion that it is not appropriate to send out any more letters.   

6.3       There is no refund or credit on packages purchased, even if all the letters in the package do not go out. We earn the amount you paid by accepting the package and placing it in our online system which is the time we start work on the debt. You acknowledge and agree that there is the possibility of events mentioned in Section 6.2. If one or more letters in a package are not sent out, there are no refunds or credits. You agree that the risk of not all letters going out exists, as described in section 6.2, and you accept that risk as your responsibility.   

6.4       You acknowledge that time is NOT of the essence in sending the letters out. HelpCollect.com is not giving you a commitment as to when the letters are going out. We are scheduled to send letters out approximately twice a month, at the beginning and middle of the month. So depending on when you purchase a package, the first letter is scheduled for either beginning or middle of the month. You agree that the dates we give you are estimates, and the letters may go out days or weeks sooner or later than estimated dates. 

6.5       We will deliver the letters to a US Post Office or box, for delivery by first class mail, in prepaid envelops. We have no responsibility for letters that are not received by debtors due to mistakes by the US Postal Service or by you (including if you input the wrong, incorrect or incomplete address). If you can show that the letter did not arrive due to our mistake, there will be prorated credit for that letter that were not received. 

 6.6      HelpCollect.com has affiliated legal entities. You agree that Affiliates can provide the Services to you, and you hereby consent and give permission for them to have access to all information you provided to us.

 

6.7       HelpCollect.com is continuously improving to provide the best possible service for its users. You acknowledge and agree that the Services HelpCollect.com provides may change from time to time without prior notice to you.

6.8       As part of this continuing improvement, you acknowledge and agree that HelpCollect.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at HelpCollect.com’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform HelpCollect.com when you stop using the Services.

6.9       You acknowledge that if HelpCollect.com disables access to your account, you may be prevented from accessing the Services, or the information you have with it, along with your account details or any files or other content which is contained in your account. You agree that helpCollect.com has no responsibility for keeping or saving your information. HelpCollect.com is not responsible for any loss of data.   It is solely your responsibility to maintain, preserve, or back up any data you have at HelpCollect.com.   You cannot rely on HelpCollect.com to save, preserve, or keep your information. 

6.10     Our system has safeguards, and will not allow certain debts. We have the right to refuse any debts, whether it is valid or not.  For example, our system will not allow some debts to go through the system due to the statute of limitations. Some debts may still be within the statute of limitations, but our system may not accept them.  You agree that HelpCollect.com is not obligated to accept or pursue all valid debts. You are responsible to pursue or handle your debts, and determine their validity. YOU CANNOT RELY ON US FOR THAT DETERMINATION, AS WE HAVE THE RIGHT NOT TO ACCEPT ANY DEBTS, AT OUR OWN COMPLETE DISCRETION. 

 

 7. Use of the Services

7.1       You agree to use the Services only for purposes that are permitted by (a) the Terms & Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

7.2       You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by HelpCollect.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).  Services are for a fee, and you agree to pay for all services at the stated rates, minus any promotions, credits for discounts. If for any reason the system allows you to use the services without payment, you agree to immediately notify HelpCollect.com at info@helpcollect.com and at the address provided. You also agree to notify us immediately of any abuse of the site by any third party that is known (or reasonably known) to you.

7.3       You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

7.4       You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services, or the materials for any purpose.

7.5       You agree that you are solely responsible for (and that HelpCollect.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms & Conditions and for the consequences (including any loss or damage which HelpCollect.com may suffer) of any such breach.

 

8. Your passwords and account security

8.1       You agree and understand that you are responsible for maintaining the confidentiality of password associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to HelpCollect.com for all activities that occur under your account.

8.2       If you become aware of any unauthorized use of your password or of your account, you agree to notify HelpCollect.com immediately at info@HelpCollect.com and in writing at the address provided.

 

9. Information you provide and Your Privacy & Protection

9.1       Your privacy is important to us. We respect your privacy and convenience. Please carefully consider how the information you provide to us is handled, as set below. 

9.2       You will need to provide sensitive information such as credit card numbers to make a payment. We use Paypal.com, and you are directed to the website of Paypal before you provide payment information.  We do not receive any of the sensative information you give to Paypal at the time of payment. Please see www.Paypal.com for their Privacy policies. 

9.3       As far as we get information about you or your company, such as name, address, email, phone number, etc, you authorize us and our affiliates to use the information to provide the Services to you. We and our affiliates can contact you, including by phone and email, about services and goods that we or they are providing. You confirm and warrant to HelpCollect.com that you have the authority necessary to allow for the use of the information you provide us to be used in this way. 

9.4       You consent that the given information about you can be used in providing the Services, or to contact you about the services, as provided and explained in our website or in Terms & Conditions. Unless prevented by law or as otherwise provided by the BA Agreement, you also understand and consent for us to share the information with our affiliates to contact you about new services.

9.5       If you are healthcare related and the BA Agreement applies, then please see the BA Agreement in Section 20 for handling of the debtor information you give us. 

9.6       To the extend that Section 20 does not apply, regardless of whether any information is requested on the website or not, you agree NOT to submit to Helpcollect.com any information that is possibly privileged, confidential, secret, or subject to any agreement or order of confidentiality or non-disclosure. By transmitting any information to HelpCollect.com, you are letting us know that such information is not privileged, confidential, or secret.  HelpCollect.com shall have no responsibility for managing, maintaining, handling, or keeping any information you provide confidential, secret, or privileged (except as required by law).   You agree to be fully responsible and agree to defend (by a firm of our choice) and indemnify us for any claims brought against us for misuse of the information or breach of any confidentiality, secret, or privilages.  

9.7       Except as provided in the BA Agreement, You waive any claims against HelpCollect.com, and agree that it has no liability, in anyway relating to handling or managing information you provide to HelpCollect.com. 

10. Content in the Services

 

10.1     HelpCollect.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any information or any service we provide.

10.2     You agree that you are solely responsible for (and that HelpCollect.com has no responsibility to you or to any third party for) any Content that you transmit or display while using the Services and for the consequences of your actions (including any loss or damage which HelpCollect.com may suffer) by doing so.  You agree to defend (by a firm of our choice) and indemnify us for if a claim or lawsuit is brought against us relating to any content you inputted in our system.  

 

11. Proprietary rights

11.1     You acknowledge and agree that HelpCollect.com owns all legal rights, title and all interests in and to the Services, including intellectual property rights (whether registered or not, and wherever those rights exist). You further acknowledge that the Services may contain information which is designated confidential by HelpCollect.com and that you shall not disclose such information without HelpCollect.com’s prior written consent. You agree to immediately inform HelpCollect.com of any misuses of the whether it is by you or any third party by email to us and in writing to the address provided. 

11.2     You do not have the right to use any of HelpCollect.com’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 

11.3     You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

12. License from HelpCollect.com

12.1     Subject to receipt of fees where applicable, HelpCollect.com gives you a personal, non-assignable and non-exclusive license to use the software provided to you by HelpCollect.com as part of the Services provided. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner intended, permitted, and limited by the Terms & Conditions.

12.2     You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any of its parts. You may not assign or sub-license your rights, grant a security interest, or otherwise transfer any part of your rights to as to the Software.

13. Ending your relationship with HelpCollect.com

13.1     If you want to terminate your legal agreement with HelpCollect.com, you may do so by (a) notifying HelpCollect.com at any time and (b) closing your account for all of the Services which you use, where HelpCollect.com has made this option available to you. Your notice should be sent, in writing, to HelpCollect.com’s address which is set out at the beginning of this document.

13.2     If we terminate due to any violation of terms, or the laws on your part, then you are not entitled to any refunds or credits for any of the services purchased but not rendered. In that circumstance, you waive and forfeit all rights to a refund. 

13.3     HelpCollect.com has the right to terminate its legal agreement with you or the services, without any reason, at any time, without any notice. 

13.4     This Section does not affect our rights as set in Section 3 of this document. 

13.5     When the relationship ends, all of the rights, obligations and liabilities that you and HelpCollect.com have benefited from, or which are expressed are to continue, shall be unaffected by this, and the provisions shall continue to apply to the rights, obligations and liabilities indefinitely, or as long as allowed by applicable laws.

 

14. EXCLUSION OF WARRANTIES

14.1     NOTHING IN THESE TERMS & CONDITIONS, INCLUDING THIS SECTION AND THE NEXT, SHALL EXCLUDE OR LIMIT HELPCOLLECT.COM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR EXCLUSION OF LIABILITIES.  SO, ONLY THE LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 14.2    YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, HELPCOLLECT.COM, AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:

   

(1) ANY INFORMATION YOU OBTAIN DUE TO USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,

(2) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(3) OUR SERVICES WILL MEET YOUR REQUIREMENTS, AND

(4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

14.3     ANY MATERIALS OR INFORMATION YOU OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, OPERATIONS, COMPUTER SYSTEMS, OR OTHERS OR LOSS THAT RESULTS FROM THE USE OF SUCH MATERIALS OR INFORMATION.

14.4     NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELPCOLLECT.COM OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.

14.5     HELPCOLLECT.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

15. LIMITATION OF LIABILITY

15.1     SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HELPCOLLECT.COM, AND AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR:

        (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

        (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

            1) ANY CHANGES WHICH HELPCOLLECT.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

2) ANY SERVICES WE PROVIDE ON OR OFF THE WEBSITE OR ANY FEATURES WITHIN THE SERVICES;

3) ANY LAWSUITS, CLAIMS, FINES, PENALTIES, TICKETS, ADMINISTRATIVE ISSUES, SANCTIONS, CHARGES, ATTORNEYS FEES, COSTS, EXPENSES RESULTING FROM OUR SERVICES, OR ANY VIOLATIONS CAUSED BY OUR SERVICES;

            4) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY INFORMATION AND DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

            5) YOUR FAILURE TO PROVIDE HELPCOLLECT.COM WITH ACCURATE INFORMATION;

            6) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

            7) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY MATRIALS, INFORMATION, OR SERVICES THAT WE PROVIDED YOU (THROUGHT THE SITE, REPRESENTATIVE, EMAIL, OR OTHER MEANS), OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY OF OUR AGENTS OR REPRESENTATIVES (YOU SHALL VERIFY ACCURACY OF ANY MATERIALS OR INFORMATION FOR YOURSELF);

           8) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

15.2     THE LIMITATIONS ON HELPCOLLECT.COM’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT HELPCOLLECT.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

 

16. Advertisements

16.1     Some of the Services may get advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. You consent to such processes and advertisements. The manner, and extent of advertising by HelpCollect.com on the Services are subject to change without specific notice to you. In consideration for HelpCollect.com granting you access to and use of the Services, you agree that HelpCollect.com may place such advertising on the Services.

 

17. Other contents

17.1     The Services may include hyperlinks to other web sites or content or resources. HelpCollect.com may have no control over any web sites or resources which are provided by companies or persons other than HelpCollect.com.

17.2     You acknowledge and agree that HelpCollect.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3     You acknowledge and agree that HelpCollect.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

18. Changes to the Terms

18.1     You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, HelpCollect.com will treat your use as acceptance of the updated Main Terms or Additional Terms.

 

19. General legal terms

19.1     Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms & Conditions does not affect your legal relationship with these other companies or individuals.

19.2     The Terms & Conditions constitutes the whole legal agreement between you and HelpCollect.com and govern your use of the Services (but excluding any services which HelpCollect.com may provide to you under a separate written agreement), and completely replaces any prior agreements between you and HelpCollect.com in relation to the Services.

19.3     You agree that HelpCollect.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

19.4     You agree that if HelpCollect.com does not exercise or enforce any legal right or remedy which is contained in the Terms & Conditions (or which HelpCollect.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of HelpCollect.com’s rights and that those rights or remedies will still be available to HelpCollect.com.

19.5     If any court of law, having the jurisdiction to decide, rules that any provision of these Terms & Conditions is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

19.6     You acknowledge and agree that each member of the group of companies of which HelpCollect.com is the parent shall be third party beneficiaries to the Terms & Conditions and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms & Conditions which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms & Conditions.

19.5     The Terms & Conditions, and your relationship with HelpCollect.com under the Terms & Conditions, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and HelpCollect.com agree to submit to the exclusive jurisdiction of the Central District located at 111 N. Hill Street, Los Angeles, California to resolve any legal matter arising from the Terms & Conditions. Notwithstanding this, you agree that HelpCollect.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19.6     You represent that you have the legal authority and the capacity to enter into this Agreement on behalf of yourself and the company you have represented to us. 

20. Business Associate Agreement Provisions(“BA Agreement”)

THIS SECTION OF THE TERMS & CONDITION KNOWN AS THE “BA AGREEMENT” WILL ONLY APPLY IF YOU ARE A HEALTH CARE PROVIDER OR IF YOU ARE CONSIDERED A COVERED ENTITY (“CE”) UNDER HIPAA AND THE SERVICES WE ARE PROVIDING TO YOU INVOLVE THE USE OR DISCLOSURE OF PROTECTED HEALTH INFORMATION. To the extent that this section known as BA Agreement applies, its language supercedes all other parts of this Terms & Conditions, and if there is any conflict between the language of this section and another, the language of BA Agreement is intended to prevail and control. 

            These definitions are intended to only apply to this section, the BA Agreement. Terms used in BA Agreement, but not otherwise defined below, shall have the same meaning as those terms in the Privacy Rule.

Business Associate. "Business Associate" shall mean Keren Group, HelpCollect.com, also refered to as “we” or “us.”

Except as otherwise limited in this Agreement, we may use or disclose Protected Health Information on behalf of, or to provide services to, you for the following purposes, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by you or the minimum necessary policies and procedures required of you:
We are to receive limited information on the debts, such as name, address, other contact information, and amount owed.   We will send letters to the persons you provided, using the address you provided for that person. The letters are to remind and attempt to collect on the debts on your behalf. We have the right, but not the obligation, to contact the debtors, including by means other than letters. 

Except as limited in this Agreement, we may use or disclose Protected Health Information for the proper management and administration of our company or to carry out our legal responsibilities, as is Required By Law. If we give access to a person, we obtain reasonable assurances that Protected Health Information will be used or disclosed only as Required by Law, and for the person to notify us of any instances of which he/she is aware in which the confidentiality of the information has been breached.

 

b.   We may use Protected Health Information to report violations of law to appropriate  Federal   and State authorities, consistent with 164.502(j)(1)

Obligations of Covered Entity

You are ONLY submitting to us the name and the contact information for the patient/debtor, or any responsible person we are allowed under the Privacy Rule to contact without having to take any further steps. It is our understanding that we are contacting the patient directly about his/her debt, or someone we are allowed to contact under the Rule without having to do anything else or take additional steps. You also submit valid amounts owed, for the patients/debtors.

The amounts are appropriate according to any applicable insurance policies, agreements you have with any insurer, any agreement that binds you, and under the law. You agree that you will not pursue any patient/debt if you received a Medi-Cal or Medi-Care card, and provide to us that the debt you submit to us will not violate any laws, including federal or state laws pertaining to Medi-Cal or Medi-Care.

Provisions for You to Inform Us of Privacy Practices and Restrictions, and Stop Services

You shall immediately notify us of any of the followings. You also agree to immediately visit our website and stop any letters, and do not submit new debts, if any of the followings prevent you or us from sending such letters.

a.    Any limitation(s) in your notice of privacy practices in accordance with 45 CFR 164.520, to  the extent that the limitation may affect our use or disclosure of Protected Health Information.

b.    Any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect our use or disclosure of Protected Health Information.

c.   Any restriction to the use or disclosure of Protected Health Information that you agreed to  in accordance with 45 CFR 164.522, to the extent that such restriction may affect our use or disclosure of Protected Health Information.

  Permissible Requests by You

 

You shall not request from us to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by you.

 

 Termination

 

 

1. Termination. Upon your knowledge of a material breach by us, you shall either: Provide us an opportunity to cure the breach or end the violation and terminate this Agreement. As mentioned in this Terms & Conditions, either of us has the right to terminate the agreement at any time. If neither termination nor cure is feasible, you shall report the violation to the Secretary.

    

2. Effect of Termination.

The parties understand that the information you provide to us is inputted over the internet, in our website. Under regular circumstances, we do not get any documents from you. In addition, it is not feasible for us to return or delete the Protected Health Information you provided to us from our system. Thus, we are providing notice to you of these conditions that make return or destruction infeasible. So we shall extend the protections of this BA Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as we maintain such Protected Health Information.

  Miscellaneous

 a.     Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended.

b.     Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

c.     Survival. The respective rights and obligations of Business Associate under Section “Termination” shall survive the termination of this Agreement.

d.   Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule.