Terms and Conditions

Welcome to Expense Counselors!

We are excited that you are using our services.

By using Expense Counselors’ services, website, or materials, clicking the submit button, sending us materials by email, or signing up with us, we assume you accept these terms and conditions in full. Please read through them carefully. Do not continue to use Expense Counselors’ services, website, or materials if you do not accept all of the terms and conditions contained in the Terms and Conditions, and Privacy Policy.

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website, using our Materials or using our services, and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Information, software and PDF’s “Material(s)”are protected by applicable intellectual property law, including copyright and trademark law.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1.) License

As part of this Agreement, You shall grant a non-exclusive license to Us for use of your personal information and accounts. Such information shall be stored on secure servers and used as part of the services

Unless otherwise stated, Expense Counselors and/or it’s licensors own the intellectual property rights for all Material on http://www.expensecounselors.com and any Material sent to you (email or mail) by one of our Employees or authorized agents. All intellectual property rights are reserved. You may view and/or print Material from http://www.expensecounselors.com and/or Material sent to you by email or mail for your own personal use subject to restrictions set in these terms and conditions.

You must not:

●      Republish Material from http://www.expensecounselors.com and/or Material sent to you by email or mail

●      Sell, rent or sub-license Material from http://www.expensecounselors.com and/or Material sent to you by email or mail

●      Reproduce, duplicate, modify or copy Material from http://www.expensecounselors.com and/or Material sent to you by email or mail

●      Transfer the Materials to another individual, link or mirror the Materials on any other server.

●      Redistribute content from Expense Counselors (unless content is specifically made for redistribution).

2.) Disclaimer

The Materials on the Web Site and/or Material sent to you by email or mail are for general purposes only. While Expense Counselors endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website and/or Material sent to you by email or mail for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Further, Expense Counselors makes no warranties, expressed or implied, and disclaims and negates all other warranties. 

3.) Limitations

In no event shall Expense Counselors or its authorized agents be liable for any indirect, special, consequential, exemplary, or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the Materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Expense Counselors or its authorized agents have been advised of the possibility of such damages. In no event will the collective liability of Expense Counselors and its authorized agents to any party for all damages, losses, and causes of action, (whether in contract, tort, or otherwise) exceed, in the aggregate, the amount You have paid to Expense Counselors in for the applicable services for the preceding twelve months in which the liability arose.

4.) Information and Participation

You agree to provide current, accurate and personal information, including but not limited to, name, address, phone number, email address, service provider(s), monthly service(s), monthly service price(s), monthly service rate(s), and account numbers. By providing this information to Expense Counselors, you warrant that you are the account holder or an authorized agent of the account holder and that all information provided by you to Expense Counselors is complete, truthful, and accurate. You also agree not to switch your Electric Supplier yourself, through either a broker or on your own, without first canceling service with Expense Counselors. Electric Supplier is defined as distribution or utility companies.  

5.) Accounts and Authorizations Granted to Expense Counselors

To participate with Expense Counselors, we must register an account on your behalf.  The account will include your information for the purposes of contacting different agencies on your behalf. Before We perform any services, you will receive additional requests for confirmation which will require you to affirm that We can proceed with performing those services. You further grant Us the permission to review, collect, and store any billing information related to agencies for which you have retained Our services. By using our services, you acknowledge and authorize Expense Counselors and its authorized agents to:

1.     utilize the name and any and all account information provided to or that is available to Expense Counselors to negotiate billing rates with your service providers;

2.     negotiate with your monthly service provider(s) as an agent on your behalf;

3.     accept or reject agreements;

4.     change accounts between providers;

5.     enter contracts binding upon you; if you have elected to have Expense Counselors manage your electric rates, you explicitly authorize Expense Counselors to act as your agent to sign Electric Supplier contracts on your behalf, for which you will be solely contractually liable. You understand and acknowledge that any such switch will occur automatically without your additional consent. Any supply agreement for utility services rendered shall be between you and the Electric Supplier, as Expense Counselors is only facilitating the transaction between you and the Electric Supplier. Under no circumstances will Expense Counselors be liable for any Early Termination Fees you incur as a result of your preexisting plan;

6.     act in any way necessary to accomplish the goal of obtaining lower rates for your monthly bills; 

7.     store information including billing and account information; and

8.  have all email communication and phone calls from Electric Suppliers sent to Expense Counselors instead of being sent to you for the purposes of maintaining accurate records and making your life easier. If you would like, you can inform us that you would like to use your own phone number and/or email instead. 

6.) Savings

Expense Counselors will examine the bill(s) you give them and determine which rate and provider to enroll you in, and/or negotiate the lowest rate possible. If Expense Counselors cannot reduce your bill there will be no charges. Expense Counselors cannot guarantee or promise any savings; the only exception is our Residential Electricity Savings Guarantee and our Business Electricity Savings Guarantee.  

Our Residential Electricity Savings Guarantee is defined as the following: 

For residential homes that sign up to have Expense Counselors manage their electricity rates for more than a 12 month period, not including any renewable energy plan constraints you have asked Expense Counselors to enroll you in, we guarantee that for every 12 month period from the first billing cycle you began saving under our management, you will not pay more for your electric supply than your Local Standard Electric Provider would have charged you for the electric supply portion of your bill for that same 12 month period; Local Standard Electric Provider is defined as the the electric provider who is responsible for the delivery and transmission of your electricity to your home or business. In the unlikely event that this does occur, Expense Counselors will credit your Residential Expense Counselors account the difference to be used against future membership fees.  

Our Business Electricity Savings Guarantee is defined as the following: 

For business accounts that sign up to have Expense Counselors manage their electricity rates for more than a 12 month period, not including any renewable energy plan constraints you have asked Expense Counselors to enroll you in, we guarantee that for every 12 month period from the first billing cycle you began saving under our management, you will not pay more for your electric supply than your Local Standard Electric Provider would have charged you for the electric supply portion of your bill for that same 12 month period plus your membership fee. In the unlikely event that this does occur, Expense Counselors will credit your Business Expense Counselor's Account the difference to be used against future membership fees.

7.) Costs and Billing

If Expense Counselors and/or its authorized agents do not save you money, there is no cost to you.

If Expense Counselors and/or its authorized agents can save you money on your bills, and you agree to use the services of Expense Counselors, you agree to the following:

For each bill and/or account you sign up with Expense Counselors, following the first changes to your bill and/or account made by Expense Counselors, you agree to pay the quoted price provided to you either by email correspondence or in the report sent to you during the sign up process. Payment is due for savings obtained for each bill and/or account for the next twelve (12) month period, on the day we successfully lower your bill and/or account. Payment due for Electricity Management will vary depending the plan provided to you either by email correspondence or in the report sent to you during the sign up process.

Savings are calculated as the difference between the rate you were currently paying at the time you provided your bill and/or account with Expense Counselors and the rates enrolled and/or renegotiated by Expense Counselors on your behalf; the only exception is electricity. 

If you are receiving electric supply from your standard electric provider (the provider who delivers electricity to your home), electricity savings are calculated as the difference between what your standard electric provider would have charged you for electric supply each month and the rates enrolled and/or renegotiated by Expense Counselors on your behalf.

If you are receiving electric supply from a provider other than your standard electric provider, electricity savings are calculated as the difference between the rate you were currently paying at the time your provided your bill and/or account to Expense Counselors and the rates enrolled and/or renegotiated by Expense Counselors on your behalf. After your first 12 months under Expense Counselors electricity rate management, your savings are calculated as the difference between what your standard electric provider would have charged you for electric supply each month and the rates enrolled and/or renegotiated by Expense Counselors on your behalf. If Expense Counselors decided to switch you to a new supplier at the end of the contract you were on when you provided your bill to Us, we may use the the rates your standard electric provider would have charged you as the supply rate to calculate your savings.

Expense Counselors may reduce the percentage it charges for its services for any reason.

You may request that Expense Counselors no longer manage your accounts and/or bills at any time. You are responsible for paying the applicable membership fee, per account and/or bill for the 12 month period in which you signed up. For electric clients you will only be billed for the number of months in the 12 month period you were actually under our management, ending on the last day of your current billing cycle of the account in which you canceled service with us.

If you request that Expense Counselors no longer manage or negotiate your accounts and/or bills, we are no longer responsible for any or all of your accounts and/or bills.

Expense Counselors will send you an invoice via electronic mail that will be payable online securely via Square.

Payment is due within thirty (30) days of the invoice date. If payment is not received within 30 days, we may charge you a late fee of ten dollars ($10) per month.

If you dispute the savings on the invoice, you must notify Expense Counselors within twenty five days (25) of receiving your Expense Counselors invoice. Expense Counselors will review your accounts and/or bills and contact you to rectify the savings amount.

8.) Cancellation of Service

You may discontinue any services with Expense Counselors at any time by notifying Expense Counselors by phone. Your account is deemed canceled when the call detailing your cancellation is received by Expense Counselors. Cancellation does not waive any outstanding balances that might still be connected to your account. Expense Counselors reserves the right to request the full payment due for services rendered.

Expense Counselors reserves the right to cancel your account with Expense Counselors at any time for any reason and request the full payment due for services rendered through the date of cancellation.

9.) Expense Counselors is not a Financial Advisor

Expense Counselors does not provide legal, financial, or tax advice. You are using any and all information and materials available on the Web Site and emailed to you by Expense Counselors at your own risk. You should consult with an accountant, attorney, and/or other professional adviser who is familiar with your personal circumstances before making financial decisions.

10.) Dispute Resolution and Jurisdiction

You agree that any dispute shall be settled via arbitration and that arbitration will be administered by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”). You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers applying the standards set forth under the Connecticut Code of Civil Procedure. You agree that the arbitrator shall issue a written decision on the merits. You also agree that the arbitrator shall have the final power to award any remedies available under applicable law, and that the arbitrator shall award Attorney’s fees and costs to the prevailing party where provided by applicable law. You agree that the decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof. You agree that the arbitrator shall administer and conduct any arbitration in accordance with Connecticut Law, including the Connecticut Code of Civil Procedure and the Connecticut evidence code, and that the arbitrator shall apply substantive and procedural Connecticut law to any dispute or claim, without reference to rules of conflict of law. To the extent that the JAMS Rules conflict with Connecticut law, Connecticut law shall take precedence.

WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, PARTIES WILL NOT COMMENCE AGAINST ONE ANOTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

11.) Termination

Either party may terminate this agreement at any time. Upon termination, You will be billed for the amount owed for savings up to the time of termination, if any. Such billing will be conducted through normal billing procedures within thirty days after termination. We will also remove any information related to your account. 

12.) Revisions and Errata

The Materials appearing on the Web Site could contain errors, including but not limited to technical, typographical, or photographic errors. Expense Counselors does not warrant that any of the Materials are accurate, complete, or current. Expense Counselors does not make any commitment to update the Materials, and may change the Materials at any time without notice.

13.) Links

Expense Counselors may include links to other third party Web sites. If you click on a link to a third party Web site, you use it at your own risk. We do not review these links for accuracy nor endorse their use. We are not responsible for the practices or policies of third party Web sites. Expense Counselors cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.

14.) Indemnity

You shall indemnify and hold Expense Counselors, its owners, officers, directors, members, employees, contractors, customers, and its authorized agents (collectively the “Indemnified Parties”) harmless from and against any damages, losses, claims, costs, expenses, or reasonable attorney’s fees that arise in connection with or are caused by Your breach of these Terms and Conditions, including any use of Materials other than as expressly authorized herein. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site or any content provided by You. These obligations will continue even if you cancel or terminate our services or your account.

15.) Changes

Expense Counselors reserves the right at any time, and at our sole discretion, to modify these Terms and Conditions of Use and to impose new or additional terms or conditions on your use of our Website, Materials, or services. Any such modifications will be effective immediately upon public posting. Your continued use of our Website, Materials, or services will be deemed acceptance thereof.

Privacy Policy

Information Collection and Use

This Privacy Policy outlines how Expense Counselors collects, uses and stores information from our users, website visitors, potential and current clients. By using Expense Counselors services and websites, you agree to this privacy policy.

Website Visitors

Expense Counselors collects information such as the browser type, language preference, referring site, and the date and time of each visitor request. Expense Counselors may collect statistics about the behavior of visitors to its websites. This information may be shared with third parties.

Gathering of Personal Information

The amount and type of information that Expense Counselors gathers depends on the purpose of your interaction with us. In order to provide you with our services, we will need all or some of the following: a copy of your bill, personal account details, a phone number, an address. The information we ask for is necessary, and only retain it in order to provide you with quality service.

We retain information for the least amount of time necessary as to provide You with the best services. All information is held on secured servers to ensure its protection. Upon termination, We will remove any documentation containing personal information.

Security and protection of Personal Information

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Expense Counselors discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on behalf of Expense Counselors or to provide services available at Expense Counselors websites, and (ii) that have agreed not to disclose it to others. By using Expense Counselors’ services and/or website, you consent to the transfer of such information to them.

Expense Counselors will not sell personal information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Expense Counselors discloses potentially personal information only in response to a subpoena, court order or other governmental request, or when Expense Counselors believes in good faith that disclosure is reasonably necessary to protect the property or rights of Expense Counselors, third parties or the public at large.

Links

Expense Counselors may include links to other third party Web sites. If you click on a link to a third party Web site, you use it at your own risk. We do not review these links for accuracy nor endorse their use. We are not responsible for the practices or policies of third party Web sites. Expense Counselors cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.

Changes To This Privacy Policy

This Privacy Policy is effective as of October 26, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Web Site.

Contact Us

If you have any questions about this Privacy Policy, please contact us.