SUPERBILL, INC.
(an Addendum to the SuperBill Terms of Service)
Last Modified: December 13, 2022
These SuperPay Terms & Conditions (“Addendum”) are entered into by and between you (“you”, “your”) and Superbill, Inc. (“SuperBill”, “we” “us” “our”) (together, the “Parties”). The Parties agree that this Addendum supplements and is incorporated by reference into the Terms of Service (together with the Addendum, the “Terms”). This Addendum, together with the Terms and any other authorization you provide, governs your use of the SuperPay service (“Service”) which we make available to you to enable you to pay your healthcare provider (“Provider”) for the amount of any eligible goods and services provided to you by the Provider (“Eligible Expense”), at the rates and costs that were disclosed to you by the Provider (“Fee Schedule”). By signing or accepting this Addendum in writing or electronically, you agree to the Addendum, affirm your acceptance of the Terms, and hereby authorize all transactions contemplated by this Addendum.
We may permit you to use the Service to pay the Provider for the amount of any Eligible Expense. You may only use the Service to make payments to participating Providers that participate in the SuperPay program and offer the Service as a payment method and Providers that we otherwise determine are eligible to receive your payments through SuperPay. We may add, remove, or change the participating Providers at any time without notice to you. You hereby request and direct us to issue any access devices we deem necessary to access any Payment Method (defined below) or otherwise provide the Service. To facilitate on-time delivery of your payments to the Provider, you must authorize each payment at least five (5) Business Days before the applicable due date, as determined by the Provider. We are not responsible for payment delays except as explicitly set forth in this Addendum. The Services constitute our “Products and Services” for the purpose of the Terms of Service.
You must meet our eligibility requirements to use the Services, as determined by us in our sole discretion. In order to determine your eligibility, we may require you to provide information about your identity and your selected Payment Method(s). We may assess your eligibility to use the Service or use a particular Payment Method when you sign up to use the Service, each time you request a transaction using the Service, and any other time this Addendum is in effect. You authorize and direct us to obtain consumer reports about you for any lawful purpose, including to verify your identity, verify your payment method and its available balance or available credit, determine your eligibility for the Service, and you authorize the provider of such consumer reports to provide them to us and our service providers. You agree to provide all information we may reasonably request to determine your eligibility to use the Service. We will determine whether any cost, expense or other amount charged by the Provider is an Eligible Expense that you may pay using the Service in our sole discretion.
By agreeing to the terms of this Addendum, you authorize us or our agent to charge your selected Payment Method for each Eligible Expense, as set forth in this section and any other authorization you provide to us.
You authorize us to charge your Payment Method on each date that your Provider confirms that they provided you goods and services and initiates a charge for the goods and services rendered.
Each payment will be in the amount listed on the Fee Schedule for the goods and services provided, plus the amount of any applicable fees, on or after the date the Provider provides the goods and services and initiates a charge for such goods and services rendered.
If you elect to use your Bank Account as your selected Payment Method, you authorize us or our agent to draw a check or draft or initiate an automated clearing house (ACH) debit in your name to the Bank Account you specify, in the amount you request or in the amount set forth on your Rate Sheet or otherwise authorized by you, plus the amount of any applicable fees, payable to us or our agent. If any ACH payment is returned unpaid, we may re-initiate the payment up to two additional times, unless prohibited by applicable law or payment network rules.
You also authorize us to charge, debit or credit your selected Payment Method to correct any errors.
By requesting each payment through the Service, you represent and warrant that your selected Payment Method has sufficient available funds or available credit to successfully complete the payment.
You represent and warrant that you are authorized to provide this authorization for each Payment Method you specify. You further represent and warrant that you are authorized to make each transaction you request in connection with the Service.
You understand and agree that this is a standing authorization that authorizes us to charge your selected Payment Method for each Eligible Expense you incur or elect to pay with SuperPay, on an ongoing basis, without additional notice to you, beginning on the day you agree to this Addendum, until you revoke this authorization.
This authorization will remain in effect until you notify us that you wish to revoke it and we have had a reasonable amount of time to act on such notice (at least 3 Business Days). If you revoke this authorization, we may terminate, suspend, or restrict your ability to use the Service.
We may permit you to use one or more of the following methods (each, a “Payment Method”) to make a payment using the Service:
You may use a personal deposit account that you own and are authorized to use (“Bank Account”), to make payments using the Service. Your Bank Account must be denominated in U.S. Dollars, and must be issued and held by a U.S. depository institution.
You may use a personal debit card, which accesses an eligible Bank Account, to make payments using the Service. Your debit card must be issued by the U.S. financial institution holding your Bank Account.
You may use a personal credit card, which accesses a line of credit extended to you, to make payments using the Service. Your credit card must be issued by a U.S. financial institution.
You may use a payment card that accesses your Healthcare Savings Account or Flexible Spending Account (“HSA/FSA Card”) to make payments using the Service. An HSA/FSA Card may only be used to pay for expenses which are eligible for coverage, payment, or reimbursement by the provider of your HSA/FSA Card. You are solely responsible for verifying that an expense you pay for using the Service is eligible for payment with your HSA/FSA Card under your agreement with the provider of your HSA/FSA Card, underlying account, and associated insurance or benefit plan.
By authorizing any payment on an HSA/FSA Card, you represent and warrant that each amount that you request to pay using your HSA/FSA Card constitutes an eligible expense under your agreement with the provider of your HSA/FSA Card, underlying account, and associated insurance plan. If the provider of your HSA/FSA Card or associated account or insurance plan determines that any amount you paid using the Services did not constitute an eligible expense, you are solely responsible for making any required payment or reimbursement, and arranging payment of the amount using a different eligible Payment Method.
You agree to indemnify us for any losses or expenses we incur as a result of your use of a HSA/FSA Card to make a payment using the Service for an ineligible expense or otherwise in violation of your agreement governing your use of the HSA/FSA Card. You are solely responsible for any losses you incur as a result of your use of the HSA/FSA Card for an ineligible expense or any violation of the terms governing your use of the HSA/FSA Card.
Each debit card, credit card, and HSA/FSA Card that you request to use in connection with the Service must be branded and on at least one of the following networks for online, card-not-present transactions: Visa, Mastercard, American Express, or Discover. You represent and warrant that you own each Payment Method you select for use with the Service, and are authorized to use the Payment Method to make each payment you request with the Service. Each Payment Method must be usable for your personal, family, and household use, and may not be usable solely or primarily for commercial purposes. You understand and agree that we may obtain information about your Payment Method and the available balance and transaction history associated with your Payment Method from third parties in order to determine whether your Payment Method is eligible for use with the Service and has sufficient funds available to complete each payment you request. You authorize each such third party to disclose to us and our agent the information we request about you and your Payment Method for this purpose.
If any payment is not honored by the provider of your Payment Method, you are solely responsible for arranging for the payment using a different Payment Method, or another means of payment that your Provider accepts other than the SuperPay Service. You agree to indemnify us for all losses, fees, and collection expenses we may incur as a result of the dishonor of any payment you request using the Services. Dishonor or cancellation of any payment you request using the Service does not affect your underlying payment obligations to your Providers.
You agree to pay all fees we assess in exchange for your use of the Service. When you authorize a payment using the Service, we may assess a fee in exchange for your use of the Services to complete the payment online. Each fee will be disclosed to you before you authorize a payment.
Unless otherwise disclosed to you, the fees applicable to the Service are as follows: 2.9% of the amount of the payment.
The fee will be added to the amount of the payment you request, and charged to your Payment Method.
We reserve the right to waive the fees described in this Addendum in our sole discretion.
You are solely responsible for all fees charged by your financial institution, provider of your Payment Method, internet or data service provider, mobile carrier, and any other third party that provides you services in connection with your use of the Service. When you authorize a payment using the Service, your financial institution or provider of your Payment Method may assess fees and interest, including, but not limited to, interest for use of a credit card, a per-item fee, item handling charge, cash advance fee, or transaction fee. If your selected payment fails for any reason, your financial institution or provider of your Payment Method may assess a non-sufficient funds (NSF) fee, returned item fee, dishonored item fee, or similar charge for the failed payment. In addition, if your selected Payment Method has insufficient available funds or available credit to pay for the transaction you request, your financial institution or provider of your Payment Method may assess interest, over-the-limit fees, overdraft fees, NSF fees, fees or interest for use of an overdraft protection plan or overdraft line of credit, and other fees for exceeding your available balance, funds, and other applicable limits imposed by the issuer of the Payment Method. For certain of your Payment Methods, you may have a separate agreement with the issuer of the Payment Method or underlying source of funds, which allows you to access another account or line of credit in the event that your Payment Method has insufficient available funds or available credit to make a payment. Please refer to the appropriate agreement relating to such features for terms, conditions, and fees that may apply to any payment transaction you make using the Service, which accesses that feature.
Each transaction, transaction attempt, and re-initiation of any returned payment may be treated as a separate transaction or “item” by us, your financial institution, or other third parties. As a result, a single payment request may result in multiple per-item fees, overdraft or NSF fees, returned item fees, dishonored payment fees, and other fees that may be charged by us, your financial institution or a third party on a per-transaction or per-item basis.
Each payment you make using the Service shall be in the exact amount you authorize. If any amount billed by a Provider for any good or service increases after you pay for such good or service, your payment will not cover those amounts and you are responsible for arranging an additional payment to your Provider for the excess. If you later receive a refund, reduction, or credit for any amounts you paid using the Service, we cannot reverse or refund your payment, and you must contact your Provider to receive a reimbursement for any overpayment. If you are entitled to any payment from an insurance company or other third party to cover the amounts you paid using the Service, you must contact your Provider or the relevant insurance company or third party to determine how to obtain such amounts payable to you, and we are not responsible for delivering or remitting any such amounts to you.
a. If you believe your password or credentials you use to access the service (“Credentials”) have been lost or stolen, please contact us at support@thesuperbill.com or write to 580 California St. Suite 1200, San Francisco, CA 94104. You should also contact us if you believe a payment has been made without your permission.
b. YOU MUST ALSO REPORT ANY ERROR OR UNAUTHORIZED TRANSACTION TO THE FINANCIAL INSTITUTION THAT ISSUED YOUR PAYMENT METHOD OR UNDERLYING BANK ACCOUNT IN ORDER TO PRESERVE YOUR RIGHTS TO LIMIT YOUR LIABILITY.
TELL US AT ONCE IF YOU BELIEVE YOUR CREDENTIALS OR ANY ACCESS DEVICE HAS BEEN LOST OR STOLEN, OR IF YOU BELIEVE THAT AN ELECTRONIC FUND TRANSFER HAS BEEN MADE WITHOUT YOUR PERMISSION USING INFORMATION FROM YOUR CHECK. TELEPHONING US IS THE BEST WAY OF KEEPING YOUR POSSIBLE LOSSES DOWN. YOU COULD LOSE ALL THE MONEY ON YOUR PAYMENT METHOD(S) (PLUS YOUR MAXIMUM OVERDRAFT LINE OF CREDIT).
YOU MUST ALSO CONTACT YOUR BANK OR ISSUER OF YOUR PAYMENT METHOD IN ORDER TO PRESERVE YOUR RIGHTS.
If a transaction is not completed as you have directed, or if we do not complete a transfer, we will attempt to correct the error. However, we will only be liable to you to you for your losses or damages to the extent provided by applicable law. We will not be liable to you, for instance: (a) If, through no fault of ours, you do not have sufficient available funds on your Payment Method to make the transfer; (b) If the transfer would go over the credit limit on your overdraft line; (c) If the system you used to request the payment was not working properly and you knew about the breakdown when you started the transfer; (d) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; (e) if the Provider’s systems are hacked or compromised; and (f) There may be other exceptions stated in our agreement with you.
We disclaim any and all responsibility for any Provider Dispute to the fullest extent permitted by law. A “Provider Dispute” is a situation in which (1) you dispute or question any goods or services provided by the Provider or the amount billed or charged by the Provider for such goods or services; (2) you otherwise assert any offset, set-off, defense, claim, counterclaim, dispute, deduction, reduction, discount, allowance, right of return, right of recoupment, or warranty claim of any kind relating to such goods or services; or (3) you are otherwise unwilling to pay the full amount billed by the Provider for the goods and services rendered. Provider Disputes may arise for many reasons, including: (i) goods or services were not provided as agreed or contracted; (ii) cancellations or returns; (iii) damaged or defective goods or services; (iv) goods not received or services not performed; (v) dissatisfaction with goods or services provided; (vi) malpractice; and (vii) billing errors.
You agree to be bound by the Rules and Operating Guidelines of the National Automated Clearing House Association. You agree to comply with all applicable laws, payment network rules, and terms and conditions governing your use of each Payment Method.
We will disclose information to third parties about your Payment Methods or the payments you make: (a) where it is necessary for completing a transfer; (b) in order to verify the existence and condition of your Payment Method or SuperBill account for a third party, such as a credit bureau or a Provider; (c) in order to comply with government agency or court orders; (d) if you give us written permission; and (e) in accordance with our Privacy Notice.
The SuperPay Service is provided electronically. You understand and agree that your electronic signatures, agreements, and payment authorizations have the same force and effect as if you signed in ink. You agree that we may send communications to you via electronic means to you. However, we reserve the right to send communications to you in paper or by mail. You agree to provide accurate and up-to-date contact information to enable us to send communications to you. You must update your contact information (including, but not limited to, your telephone number, e-mail address, and physical mailing address) immediately in the event of any changes, and we are not responsible for any failure to deliver communications to you as a result of your failure to update your contact information. You represent and warrant that you have provided valid consent to our Electronic Records Disclosure and Consent Agreement and have not revoked such consent.
We have the right to assign this Addendum and any payment authorization you provide in connection with this Addendum to a third-party, with or without notice to you, at any time.
The following transaction limits apply to your use of SuperPay:
You agree to make alternate arrangements to pay your Provider if the amount you owe them exceeds these limits.
You may not request to make any payment that would cause you to exceed the available balance on your selected Payment Method. By authorizing a payment, you represent and warrant that there are sufficient funds available on your selected Payment Method and that you are authorized to use such funds for the purpose of making your requested payment. We may reject your request to make any payment using the Service in our sole discretion, if you do not meet our eligibility requirements to use the Service, if we determine that there are or may be insufficient funds available on your selected Payment Method to complete the payment, if we have reason to believe that such payment would not comply with this Addendum, the Terms, any applicable law or payment network rule, if we suspect fraud or abuse of the Service, if we suspect that the payment is not properly authorized or an authorization has been revoked, if we have reason to doubt the collectability of the payment, or if we otherwise determine that the requested payment would present unreasonable risk to you, us, a financial institution, or a payment system.
Our “Business Days” are Monday through Friday, except for Federal holidays.
This Addendum shall be effective on the date you accept it, and will remain in full force and effect until it is terminated by you or by us in accordance with the Terms. We may terminate this Addendum for any lawful reason, without notice to you, unless otherwise provided by applicable law. This Addendum shall automatically terminate in the event that the Terms are terminated. If this Addendum is terminated, you remain liable for all transactions you authorized before we received and had a reasonable opportunity to process the termination of this Addendum. Sections 5-13 shall survive termination of this Addendum.