Terms & Conditions
Please read all of these terms and conditions prior to using Shrinkabill’s service or accessing this website. By submitting personal information to Shrinkabill, or accessing this website, you herein are agreeing to accept the terms outlined below.
The statements contained herein refer to the business Howling Wolff LLC's "Shrinkabill Services" which can be found at Shrinkabill.com (herein referred to as the “website”). Hereinafter, we will refer to our firm by the business name Shrinkabill or Shrinkabill Services. If you have any questions about these below terms and conditions, feel free to ask us.
If Shrinkabill chooses to not apply or not enforce a certain provision of these terms and conditions, it does not nullify the provision. We reserve the right to still enforce the provision at a later date.
1. General Terms
These terms, conditions, and agreements are considered a legal agreement that is established between you and Shrinkabill. By electronically accepting the terms laid out and/or engaging in our service, you are formally consenting to be bound by the terms and conditions set forth below and to our privacy statement and agreement. If you are accepting on behalf of your employer or another entity (herein referred to as “your Company”), you represent and warrant that you have full legal authority to bind your Company to these terms and conditions. Further, you have acknowledge that you have read, understand, and agree to this Agreement and that you intend to bind your Company to this Agreement. Please note that if you do not have the legal authority to bind your Company to this agreement, you are prohibited from providing access to your Company's bills or accounts for our negotiation, audit, monitoring, or rebate services.
By visiting this website, you are informally agreeing to be bound by these same terms. By outlining such “informal” acceptance, in no way is it implied under this agreement that such an acceptance is to carry less weight or meaning under the United State's laws. This is simply outlined to demonstrate the two methods of accepting these terms. If you do not agree to any of the following terms or conditions, or our privacy statement, you may not use our service or be on our website.
2. Age of Majority
If you are not at least 18 years old, you are not permitted to use our service without the consent of your parent or guardian who may legally consent to these terms on your behalf. If you consent formally or informally (as defined above) to these terms, you represent that you have the legal capacity and authority to enter into such agreement.
3. Your Use of a Mobile Device
Shrinkabill makes no warranties or representations, expressed or implied, of the loss, damage, or security intrusion of the telecommunication services, and the disclosure of such information to third parties.
4. Services & Rights Granted to Complete Such Services
SHIPPING AUDIT & REFUNDS
When you create an account associated with our Shipping and rebate service, you are consenting to allow us to review and monitor your account for any rebate opportunities with your shipping provider. Further, you authorize Shrinkabill to file every rebate opportunity available. If you enable our lost and damaged claims feature, you consent for Shrinkabill to create a separate invoice (than what was actually used in your business) for the purposes of including that invoice when we file a claim on any lost or damaged shipments.
When you deliver one or more bills to Shrinkabill to negotiate, it is understood that you are engaging Shrinkabill for its negotiation services and agree to all of the terms laid out in this article. This means that you explicitly authorize Shrinkabill to make changes on your respective account(s). Absent any explicit prior written direction, you automatically authorize and consent to all discounts Shrinkabill obtains, if the negotiation does not reduce the quality of your existing service. If there is a potential reduction in service, Shrinkabill will contact you beforehand to have you consent to the change before implementing it. By default, you consent to Shrinkabill improving the quality of your service if it does not increase your cost of service over the next 1 year. If savings fall within these terms, you forfeit the right to refuse any savings earned. Despite our expert abilities, there are no guarantees or promises that discount prices will be achieved with your service provider.
It is your responsibility to communicate all desired restrictions at the time your bills are submitted. If you do not communicate any such restrictions, it is Shrinkabill's right to assume there are no restrictions. For example, if you are planning on switching providers, you must communicate this fact to your Savings Officer and mention your anticipated termination date with a service provider prior to the start of the negotiation. If you do not communicate your intentions to switch providers, then you are responsible for the fee associated with any savings earned past this anticipated termination date. If your anticipated termination date is within a year time, then Shrinkabill has the right to refuse to work on the bill. Further, if you mention that you do not want Shrinkabill to extend (or enter into) a contract, this will not be interpreted to mean that you restrict Shrinkabill from finding deals that last one year or more. If you wish to restrict such deals, it has to be said before the negotiations start with your service provider.
Any election or directive provided by you through the use of a web form, email, fax, or over the phone will be deemed to be binding and considered a legally acceptable way of communicating your saving preferences, unless you direct otherwise in advance through writing. As such, Shrinkabill can fully rely on this information without need for additional verification. Further, by agreeing to allow us to automatically renegotiate payments upon the expiration of the savings period (herein referred to as the "auto renegotiation election"), you are authorizing us to continue to rely on your previously provided savings preferences. Once this auto renegotiation election is made, these savings preferences do not expire, and they may only be altered through written communication. By choosing the auto renegotiation election, you are also agreeing to compensate Shrinkabill for all services automatically performed within the premise of getting better terms and savings.
By default, you authorize Shrinkabill to leverage the name found on the bill for the negotiation. You have the right to strike this from this agreement by providing Shrinkabill with clear written communication of this restriction at the time you submit your bills to be negotiated. This default right is considered a valid right regardless of whether a submission came through the online form, email, fax, mail, over the phone, or any other means as long as Shrinkabill was engaged for its services. Also by default, you authorize Shrinkabill to share information and leverage third parties, or contract workers, to service your account and fulfill Shrinkabill's service to you.
By engaging our services, you authorize and approve Shrinkabill to collect and retain additional billing statements with your provider in order to offer you better quality service. You also grant Shrinkabill permission to reach out to you, near the conclusion of the savings period, to request authorization to renegotiate your savings if the auto renegotiation election was not selected. If you wish, you may opt out of this service by notifying a savings representative in writing. We retain the right to refuse to work with a potential customer and we retain the right to refuse to negotiate a specific bill for any reason.
SHIPPING AUDITS & REBATES:
Shrinkabill will provide the Services in accordance with this agreement at the rate of 45%, or a differing amount agreed to in writing, of the savings delivered to you by way of refunds returned back to you from your shipping carrier(s) in any of the payment methods: credits applied to an invoice, credits applied to credit cards stored on file with your shipping carrier, credits applied to debit cards stored on file with shipping carrier or check payments, rounded up to the nearest whole $0.01 denomination. Verification of the issuance of credits is witnessed through your shipping carrier's website according to the record stated within a your Shipping account, and can be duly verified by you with the same verification process aforementioned. All payments associated with Shrinkabill's audit and rebate service are due immediately upon receipt of invoice.
If we were not successful in attaining you any discounts or savings, you will not be charged for our service. If we are successful in negotiating a better rate or service, we will charge 45% of the current savings from the price you would have paid if we did not negotiate upon your behalf. Our fee will be calculated based off of the terms set by your service provider. However, if we earn a permanent discount which never expires, we will only base our fee off of a savings term up to 2 years.
Further, if you submit a historic bill that has a different rate than what you are currently paying with your provider, we will charge our fees based on actual charges, not historic bills. If you ask us to negotiate a bill just before your discounted rate is about to expire, our fee will be calculated on the naturally increased rate that would be charged after the discount period ends, not the soon to be expired discounted rate. Our fees will always be based on the comparison between the savings we earned and the price your service provider would charge if we did not negotiate a better rate on your behalf.
If you request for Shrinkabill to cancel a service, instead of negotiate a better rate, we charge a flat rate of $35 per bill. If you request for us to cancel a portion of your service, and negotiate the remaining parts of your bill, our fee will be based off of your entire original bill. If you direct us to increase your level of service with your provider, our fee will be calculated on the new non-discounted rate of that increased service, instead of the historic rate you were paying. This rule does not apply if you authorize (but do not require) Shrinkabill to increase your level of service, as sometimes service improvements are a perk of our negotiations.
If Shrinkabill negotiates a deal that includes unauthorized changes, we will not apply the deal without first checking with you. (Please note that by default you authorize us to extend your contract.) Any deal that includes unauthorized changes to your account will be first discussed with you prior to implementation. However, any deal made with preauthorized changes to your account will not be discussed with your beforehand and cannot be rejected after the negotiation. Likewise, any negotiated deal that does not make any changes on your account, except for price, cannot be rejected.
For example, if Shrinkabill negotiates your cell phone bill and saves you $30/ month with keeping everything the same, you cannot reject this savings. If we call you before accepting this deal because we first wanted to ask if you would want to save an additional $10 by stopping your cell phone insurance, you have the right to reject this $10 additional savings, but you do not have the ability to reject the $30/ month savings just because we are asking your opinion on another matter. If we reached out to you to determine a savings preference, and you did not provide an answer within 3 days of our initial inquiry, you grant us the right to automatically implement the savings that was preauthorized prior to the negotiation.
If we have to ask you whether or not you wish to apply a savings because there are slight changes to your account, you have the right to reject those savings since it changes the terms of your current deal. However, you do not have the right to reject the deal from Shrinkabill, only to apply the same (or lesser) deal yourself. Therefore, if Shrinkabill calls your service provider and discovers that you personally applied the same (or lesser) deal, Shrinkabill will charge the full savings amount that we negotiated, plus an additional $50. This additional charge will be used to compensate Shrinkabill for the additional unnecessary phone call that was used to confirm the savings.
If a savings opportunity was identified by either cutting an unnecessary service or by reducing a service that better fits your needs, Shrinkabill will check with you to determine if you approve of these changes. Once you authorize Shrinkabill to proceed with these such changes, then we will implement this change with your service provider and we will charge our standard 45% fees for this service.
The invoice is sent via email when negotiations have been completed. We reserve the right to send intermittent invoices. Payment is due within 30 days of receipt of the invoice. If payment is not received within 30 days of receipt of invoice, we reserve the right to charge an additional $5 late fee penalty for each successive month the bill is late. Further, you may be penalized with a late fee penalty if your payment is returned or has failed. We do not have the burden of responsibility to notify you about this failed payment, but we do try to notify you about late payments through email and text messages. All clients are automatically enrolled in the text alerts. You have the right to opt out of this program, by communicating in writing to your Shrinkabill representative your desire to opt out of the program. Shrinkabill may decide to accept late or incomplete payments. In accepting such payments, Shrinkabill in no way waives its right to collect the remaining unpaid balance. If Shrinkabilll offers you a payment structure so that full payment is not required up front, we reserve the right to auto-charge your credit card.
We do our best to bill accurately. However, it is your responsibility to compare each of your service provider statements and Shrinkabill’s invoice to ensure declared savings match. At such times, you have 30 days from receipt of the Shrinkabill invoice to notify Shrinkabill of such discrepancies. Once reported to Shrinkabill, we will address the issue with your provider. If we are unable to match the declared savings on the Shrinkabill invoice, we will adjust our invoice.
If you find any problems with our services, it is your duty to first communicate the issue with Shrinkabill. Any fees regarding charge-backs that have not fully been vetted through Shrinkabill will be forwarded to the customer.
If any bill goes unpaid for more than 2 months, we reserve the right to use a collection agency to get payment. In addition, at this time, we reserve the right to report to any of the major credit reporting bureaus. Any additional fees associated with credit reporting or the use of a collection service will be passed off to you.
Shrinkabill shall in no way be considered liable to you or a third party in respect of any business losses or personal losses arising out of using or accessing Shrinkabill.com. This includes, but is in no way limited to losses incurred by business interruptions, damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. In addition, we will not be liable in respect of any special, indirect, incidental, exemplary, liquidated, punitive or consequential loss or damage. Finally, we will not be liable in respect of any loss or corruption of any data, database or software. If you do not agree with these terms, you are prohibited from using our service.
You shall defend, indemnify and hold harmless Shrinkabill and any of its employees against any losses, damages, costs, liabilities, claims, suits, proceedings and expenses incurred or suffered by us whether in tort, contract, or otherwise, arising out of a breach of these terms and conditions, or arising out of any claimed breach of these terms and conditions.
Any discount or promotional code is limited to one discount per customer and cannot be combined with other offers. This excludes additional discounts that may be advertised specifically at the time of billing statement.
Shrinkabill sometimes offers discounts to a class of people, or a specific club or group. In order to secure the discount, you have to use the proper promotional code AND provide evidence that you are part of the class, club, or group to get the discount. This may mean submitting an ID card, membership card, or leveraging an email address that evidences that you are part of the class or group.
Shrinkabill often runs a $25 restaurant gift card promotion, where Shrinkabill will give you a $25 gift card if we are unsuccessful in negotiating better rates on any of your bills. Shrinkabill reserves the right to provide physical gift cards, or promotional code substitutes that would be redeemable over the internet. The promotional code would have to be of equal value to the gift card. In addition, Shrinkabill reserves the right to either provide gift cards to specific restaurants, or provide access to a website where you can personally select which restaurant gives you a $25 gift card. Some gift cards may come with special restrictions, or additional terms that may limit its use. A few terms and restrictions for this promotion are outlined below:
- When determining what qualifies as being an "unsuccessful" negotiation to determine the eligibility to receive the gift card, we are collectively analyzing the negotiations on all of your bills which were submitted to Shrinkabill during one negotiation period, and not each bill separately. "One negotiation period" is defined as the time it takes to finish negotiating all of your outstanding bills. If an additional bill is submitted during a current negotiation period, then this bill is added to your existing negotiation period, which may result in extending the period.
- If you negotiated your rate down with your service provider within the last 90 days of when you submitted your bill to Shrinkabill, then this bill would not qualify for this $25 gift card promotion.
- You have to be willing to extend your contract in order to be eligible for the $25 gift card promotion.
- If you are planning to terminate services with your existing service provider within the next 12 months and as a result Shrinkabill does not to negotiate your bill, then this circumstance would not qualify for the $25 gift card.
- Shrinkabill limits the $25 gift card promotion to the following categories of bills: TV, internet, phone, satellite radio, alarm & security, and home automation.
- Any savings earned through a negotiation, no matter how small, would be considered a successful negotiation. Therefore, savings earned under $25 are not eligible for the $25 gift card.
- This promotion only applies to new clients with bills that fall under the categories previously mentioned.
- This $25 gift card promotion only applies to individuals, not businesses, churches, nonprofits, or other organizations.
- This promotion will not be honored unless it is currently being advertised on the Shrinkabill website at the time a client submits a bill. No promotional code is necessary.
- This promotion only is only available and applicable to our bill negotiaiton customers.
Shrinkabill often runs a friend referral promotion. This promotional code cannot be applied to the individual's own account. This promotion is strictly for new customers.
You are prohibited from publicly displaying any promotional codes or personally distributing or providing promotional codes to others.
9. Third Party Submissions
If you are acting as an agent, or engaging Shrinkabill's services on behalf of another person (this "another person" is hereinafter described within this paragraph as the "individual"), then you are testifying under this contract that you have the full authority to act on behalf of that individual's account, and that you have complete information about the individual's circumstances, and that you have shared any relevant information with Shrinkabill at the time the bill was submitted to Shrinkabill. Therefore, under this contract you are exercising this authority to grant Shrinkabill all the same rights, authorizations, and permissions found within these terms and conditions as if the individual formally acknowledged these terms and conditions him/ herself. As such, any references to "you" in this agreement is binding on both you personally, as the acting agent, and on the individual's account that we are negotiating. If you are acting outside of such granted authority, or if you are acting without complete information, or if you chose to withhold any meaningful information from Shrinkabill, and problems arise, then you can be held personally liable for Shrinkabill's fee, along with any damages, problems, issues, penalties that resulted from negotiating the individual's account.
10. No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
When using Shrinkabill.com, you may not upload or transmit content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin information provided.
In addition, you agree not to:
(i) Access, monitor or copy any content or information of this website using any data mining, robots, spiders, scrapers or similar data gathering and extraction tools, or any manual process for any purpose without our express written permission;
(ii) Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
(iii) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
(iv) Deep-link to any portion of this website (including, without limitation, the purchase path for any equipment or services) for any purpose without our express written permission;
(v) Use any device intended to interfere with the performance of the website, any transactions performed in the website, or any other person’s use of the website.
Any unauthorized use terminates the permission or license we have granted you.
You agree and consent to electronically receive all updates, agreements, invoices, sales receipts, account statements, state and federal tax statements, documents, notifications, notices and disclosures (collectively, “Communications”) that we provide in connection with your Shrinkabill account and your use of Shrinkabill services.
You may withdraw your consent to receive Communications electronically by writing us at “Shrinkabill Legal, PO Box 179, Port Penn, DE 19731”. If you fail to provide adequate information related to the nature of your request to withdraw your consent to receive Communications electronically, Shrinkabill reserves the right to deny your application to withdraw from the electronic Communication delivery policy.
It is your responsibility to keep the primary email address listed on your Shrinkabill account up to date so that Shrinkabill can communicate with you electronically. Spam filtering of emails may require you to add Shrinkabill to your email address book. You understand and consent that Shrinkabill deems electronic communication as successfully sent once emails are sent to the primary email address listed on your Account.
12. Not a Financial Planner, Broker, Tax Adviser, or Attorney
Shrinkabill is not a financial planner, broker, tax adviser, or attorney. Neither are any services or articles meant to convey legal advice, tax advice, or financial advice. All articles within this website are meant to be read in the context of entertainment and not planning. Before making any decisions, or implementing any strategy, you should consider engaging a qualified professional who can address your situation.
13. Social Media Sites
Shrinkabill may encourage online interactions on social media platforms. Any content you post, such as pictures, comments, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms & Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
14. Use of Examples
The use of any examples found within these terms and conditions are are used strictly for illustrative purposes to clarify this contract, but in no way is meant to limit the scope of the scope of the terms and conditions.
15. Copyright Infringement Take-down Request Procedure, Under the Digital Millennium Copyright Act (DMCA)
We respect the intellectual property right laws as we expect all visitors or customers of our website to respect our rights under the applicable law.
A copyright owner can, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), submit a notice to us.
To submit such a copyright infringement notification with us, you will need to send us a written communication. We request the initial contact be emailed to us at Jordan@Shrinkabill.com. If you would like to mail us a hard copy, please ask for our mailing address in the email. We expect that the following information is included in your notice:
- The clear identification of the copyrighted work claimed to have been infringed. If the work is not easily attainable through public means (such as if the work was published over a year ago in a paperback magazine that is not easily accessible on the internet), we expect a copy of such work be included in your notice.
- A clear identification of the infringed material that is protected, and information reasonably sufficient to permit Shrinkabill to locate the material. If possible, we expect you to provide the URLs in the body of your notification email.
- Contact information of the complaining party, such as an address, telephone number, and email address at which Shrinkabill may establish contact with such individual, or the individual's agents.
- A signed letter authorizing an agent to act on behalf of the owner of the allegedly infringed right.
By consenting to this agreement, you agree to these terms. Shrinkabill operates out of Delaware, and as such shall be subject exclusively to the Delaware courts and laws. All legal matters shall be dealt within the State of Delaware. Further, any user, customer, or visitor of this site forfeits his/ her right to go to court, or participate in a class action suit. There shall be no punitive, special, indirect, or consequential damages agreed upon or awarded in favor of you or Shrinkabill. All parties to this agreement, both you and Shrinkabill agree to waive our rights to seek punitive damages, which includes (but is not limited to) damages related to the loss of revenue or profit.
Your remedy of any alleged wrongdoing is first mediation, which shall take place in DE. The mediator shall be a competent Delaware attorney that is mutually agreed upon by Shrinkabill and you. If Shrinkabill and you do not agree after 30 days of when the notice is serviced, then the American Mediation Association shall select a mediator. Mediation will not commence until the initiator of mediation has paid the retainer fee for the arbitrator’s fees and costs.
If mediation is unsuccessful, then the second remedy is arbitration. The arbitrator shall be a competent Delaware attorney that is mutually agreed upon by Shrinkabill and the alleger who is claiming harm. If Shrinkabill and you do not agree after 30 days of the termination of the mediation session, then the American Arbitration Association shall select an arbitrator. Arbitration will not commence until the initiator of this action has paid the retainer fee for the arbitrator’s fees and costs.
The agreement or judgment upon all parties at the close of the mediation or arbitration shall be final and binding.
Any reference to reference a single customer, plural customer, or an entity customer shall be interpreted to apply to each and every Shrinkabill customer regardless of being an individual or an entity. To further clarify the use of the word "you" and "your" can refer to both individual and entity Shirnkabill customers.
Any headings used in this agreement shall be strictly for ease of reference and not be considered a legal description of the paragraph it describes or a part of this agreement.
Terms and Conditions last revised on 1/14/2018.