BearBills - Sign Up

Please complete the information below in order to establish service through Bear Bills.

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If you need your electricity on in less than 4 business days, you may be charged a Priority Move-In fee. This is typically $17.10.
First Name:
Last Name:
Cell Phone:
Email:
Birth Date:
Start Date:
End Date:
Service Address
Service Address:
Unit Number:
City:
State
Zip
How many Tenants/Roommate (including yourself):
Billing Information
Utilities Needed:	Electric	Water
	Cable	Internet
	Phone	Gas
	Security
Agreement Terms

	In consideration of the mutual promises, covenants and conditions contained herein, the parties agree as follows:

1.	Term. The Term of this Agreement will commence upon the Date of Execution and shall continue to the End Date shown above. This Agreement shall not renew for consecutive subsequent  renewal periods unless agreed upon in writing by BearBills and Customer in accordance with the terms set forth in this Agreement (initial term and subsequent renewal terms are referred to herein as “Term”).

2.	Payment Obligations of Customer. Customer shall pay BearBills the full amounts that BearBills invoices to Customer for Customer’s utility charges. If Customer fails to make any payments due under this Agreement within ten (10) calendar days of the date due and payable to BearBills (“Bill Date”), then BearBills may, at its option, immediately cancel this Agreement, and BearBills will have no further obligations under this Agreement. Failure of BearBills to exercise this option at any time will not constitute a waiver of BearBills’ right to do so. Any portion of the invoices that is not paid when due will accrue interest at the lesser of one and a half percent (1.5%) per month (18% per annum) or the maximum rate permitted by applicable law from the due date until paid. 

3.	Final Billing Procedure. Customer agrees to pay the final invoice, which shall consist of all utility charges received for the final month of utility service, and may be received by Customer after the final day of the Term. 

4.	Designated Bill Payor. Customer agrees to make BearBills its designated bill payor for each of the utility companies with whom BearBills has a bill-paying relationship and to take the necessary action to authorize BearBills to receive and pay Customer’s utility bills on behalf of Customer. Customer understands and agrees that BearBills will not begin the utility activation process until all utility bill paying Customers in a Residence have executed this agreement. 

5.	Utility Payment. BearBills shall pay Customer’s utility bills covered by this Agreement for as long as this Agreement remains in effect. Customer agrees to pay any outstanding balances on any utility accounts before BearBills will assume responsibility to pay their utility bills on behalf of Customer prior to the execution of this Agreement.

6.	Responsible Party. Customer is the responsible party in the relationship with the utility companies and is solely responsible to abide by its agreements with them. Customer shall indemnify and hold harmless BearBills for any liability arising out of Customer’s failure to abide by its agreements with a utility company.

7.	Responsibility for Termination. At the end of the Term, Customer shall be solely responsible for the termination of all utility services at the Residence, except for electricity services. At the expiration of the term of this Agreement, if the owner of the Residence agrees, Customer shall leave the water in Customer account holder’s name for seven (7) calendar days after the lease termination date.  Customer shall receive a Twenty Dollar ($20.00) credit for doing so to be returned to Customer in accordance with Customer’s pro-rated share of the utility expenses.  If the owner of the Residence does not agree to the delayed cancellation of utilities, Customer shall cancel the utilities effective the date of the lease termination and Customer shall not receive a Twenty Dollar ($20.00) utilities credit.

8.	Cost of Service. BearBills’ shall pass along to Customer the rates charged by each utility service provider on Customer’s account without additional charge or fee; provided, however, fees charged for additional services, penalties and costs of recovery and attorneys fees as specified in this Agreement will be assessed against Customer.  BearBills shall not be obligated to pass along to Customer any compensation it receives from any utility provider pursuant to its agreement with such provider. 

9.	Authorized Utility Providers. BearBills has established relationships with several utility companies who will accept BearBills’ payment services for Customer. Customer agrees to exclusively use these utility companies in place of other utility companies offering similar services for the term of this Agreement. Customer may elect not to use a particular utility service (e.g., natural gas, security service, phone) offered by BearBills, with the exception of BearBills’ preferred electricity provider’s services.  All Customers using BearBills’ service must register for and use electric service through BearBills and with BearBills’ preferred electric provider. Customers shall designate which services they desire during the initial sign-up period, and BearBills shall determine which utility companies shall provide those services. During the term of this agreement, Customer may elect to add other utility services. Such services will fall under the terms of this agreement.

10.	Customer Utility Set-up. Customer shall register with each utility company in the method that BearBills prescribes to receive utility services at Residence from that utility company. Customer agrees that if one Customer does not volunteer to hold all utilities in Customer’s name, BearBills will choose the utility account holder in its sole discretion. BearBills shall have the right to refuse to cover one or more utility bills if Customer fails to set up service in the prescribed manner. If Customer executes this Agreement but fails to register for and use utility services covered by this Agreement, BearBills shall be entitled to charge a one-time fee of $30 for administrative costs incurred in performing under this Agreement. Customer agrees to pay the rate BearBills can secure for them through BearBills’ relationship with the utility company.

11.	Electricity Service. Customer agrees to use electricity service through BearBills’ preferred electric provider. BearBills shall register for the electricity service and retain the account in its name. BearBills shall obtain a unique BearBills-only electricity rate which will only be available to Customers using BearBills’ service. Should Customer decide to terminate BearBills’ service as provided herein, BearBills shall have the right to cause the disconnection of Customer’s electricity meter upon three (3) calendar days advance written notice following termination of this Agreement. If such a day is not a business day, then the following business day shall be used for all such purposes. BearBills shall automatically cause the disconnection of Customer’s electricity meter on the first business day following the final day of Customer’s term unless BearBills is provided advance written notice not to do so.

12.	Termination of Electric Service. BearBills shall have the right to cause the disconnection of the electricity meter of any Customer who is in default under the terms of this Agreement. 

13.	Payment Options. Customer agrees to provide BearBills with either automatic bank draft or credit card information to be used as a recurring automatic payment method each month. Customer authorizes BearBills to automatically withdraw payment from its bank account or charge the credit card on the fifth (5th) calendar day following the Bill Date each month for the amount of the Customer’s BearBill. In addition, Customer shall have the option to pay by check at any time prior to the tenth (10th) day after the Bill Date. If Customer elects to pay by check, BearBills will require an alternate payment method in the form of either a credit/debit card or bank draft information, which shall only be used in the event payment is not received by the tenth (10th) day after Bill Date.  If Customer elects to pay by check, BearBills shall retain the account information contained on the check until this Agreement is terminated, and Customer authorizes BearBills to withdraw payment in the event Customer does not provide payment.

14.	Utility Bill Division. All bills for a single property will be added together (the “Group Balance”) for the Residence and assessed against all Customers at the Residence. Unless Customer otherwise notifies BearBills at the time of signing this Agreement, each Customer shall be primarily responsible for and pay to BearBills each month its proportional share of the Group Balance (“Standard Percentage”).  For example, if there are four Customers in Residence, each Customer shall pay one fourth of the Group Balance.  If each Customer at the residence agrees in writing to be billed at a different ratio, this change may be made on BearBills’ Internet site.  BearBills shall not, however, sub-divide a bill to account for Customers residing in a Residence on a per day basis for any reason.  Notwithstanding the fact that each Customer at the Residence shall be primarily responsible only for a percentage of the Group Balance, Customer understands and agrees that each Customer in a Residence is jointly and severally liable for all utility bills paid for by BearBills concerning Customer’s residence.  If one or more Customers at the Residence do not pay their share of the Group Balance, the other Customers at the Residence shall be liable for the entire Group Balance. 

15.	e-Billing. BearBills shall invoice Customer electronically via its Internet site each month for the percentage of utility charges at Residence that Customer is responsible for and has agreed to pay to BearBills. All official notifications sent by BearBills shall be in e-mail format and shall be sent to e-mail addresses designated by Customer on file with BearBills, and Customer hereby consents to receipt of electronic notifications and bills from BearBills. E-mail notice shall be effective upon sending. Customer understands that it is solely Customer’s responsibility to ensure receipt of e-mail and in the event that no e-mail is received it is Customer’s responsibility to notify BearBills of such. Customer understands and agrees that the only way to access utility billing information possessed by BearBills is through its Internet site. BearBills shall send all utility invoices each month after it receives the electricity bill for a given Residence. Any utility bills not received by BearBills in time to be sent out will be held by BearBills until the following month’s receipt of the electricity bill. 

16.	Direct Utility Payment. Customer shall NOT pay the utility company directly unless told to in writing by BearBills. Customer agrees to pay BearBills for the amount invoiced, even if customer has paid a utility company directly without BearBills’ prior written approval.

17.	Single-Payor Residence. Should a Residence signing up for BearBills’ service be a single-payor residence, Customer agrees to pay a deposit of $275.00, due immediately upon executing this Agreement. Customer agrees to allow BearBills to deduct the funds for deposit directly from Customer’s account or charge Customer’s credit card, as applicable. The deposit shall be refunded to Customer within thirty (30) calendar days of the termination of this Agreement if Customer is not in default under this Agreement. BearBills shall have the right to use deposit monies for its business purposes subject only to the obligation to refund deposit to Customer if Customer is not in default at the termination of this Agreement.

18.	Event of Default. A failure to comply with one or more of the terms and conditions of this Agreement on the part of one or more of the Customers at the Residence shall constitute an event of default. 

19.	Confidentiality. Customer agrees to allow BearBills to share any account or payment information with other Customers at the Residence, the parents of any Customer at the Residence, and other bill-paying parties upon request. BearBills shall not share credit/debit card numbers, automatic bank draft account information, social security numbers, and birth dates with any party except as provided herein. Notwithstanding the preceding sentence, if BearBills is required to send an account to an outside debt collections agency, BearBills shall provide any information necessary to employ such a service.

20.	Failed Payment. Should payment fail due to incorrect information, lack of funds, expiration, or for any other reason, BearBills will continue to attempt automatic withdrawal from Payment Method each day for five (5) calendar days. Customer agrees to transfer funds as necessary in order to pay any outstanding balance and all NSF or other fees BearBills may have incurred within those five (5) days, which shall be assessed against Customer, along with a fee of $25 on the sixth (6th) calendar day after Bill Date if the outstanding balance has not been paid prior to that date.  Customer shall be in default on an invoice from BearBills if payment is not received by BearBills within five (5) calendar days of Customer’s Bill Date. BearBills shall give all Customers at the Residence written notice by e-mail upon the occurrence of a default in payment by any Customer in a Residence. This notification shall be in electronic format as outlined herein. If payment has not been received by the tenth (10th) calendar day after Bill Date, BearBills may, at its sole discretion, remove the Customer from BearBills’ service and continue to invoice remaining customers as outlined herein. Any balance left unpaid by Customer may be sent to an outside collections agency after ten (10) calendar days of Bill Date. Once a Customer has been removed from BearBills’ service, he/she may only resume upon completing additional financial requirements and at the discretion of BearBills.

21.	Customer Removal. If all Customers at a Residence agree in writing, one or more Customers at the Residence may be removed from BearBills’ service.  In this event, BearBills will recalculate the percentage owed by each remaining Customer. Should a Customer who is a utility account holder be removed from BearBills service, Customer agrees to have any utilities under his or her name transferred to another Customer at the same Residence. All Customers in the Residence understand and agree that the next utility account holder will be chosen by BearBills in its sole and absolute discretion. 

22.	Procedure Following Removal of a Customer. Should a Customer be removed from BearBills, a new Standard Percentage will be created by removing one roommate, then dividing among remaining roommates. Customer agrees to pay the new Standard Percentage of the Group Balance and all bills from that point to the end of service with BearBills. Customer agrees that once a roommate is removed from BearBills, the remaining Group Balance left unpaid by removed roommate will be divided according to the new Standard Percentage and added to the next month’s automatic payment. 

23.	Termination.  BearBills may cancel this Agreement immediately upon default by Customer or otherwise on three (3) calendar days written notice to any Customer. Customer may terminate this Agreement at any time; provided, however, that every Customer at the Residence must agree in writing to such termination and pay any outstanding Group Balance and/or Individual Balance. Any deposits or fees charged by any utility company after discontinuing BearBills’ service are solely the responsibility of Customer. BearBills shall have no obligation to pay any further utility bills pursuant to this Agreement following receipt of written notice to terminate. Each Customer at the Residence is jointly and severally liable and fully responsible to pay BearBills an amount equal to any bills charged to and paid for by BearBills notwithstanding termination of this Agreement. 

24.	Additional Rules and Requirements. Customer agrees to adhere to and abide by any additional policies posted on BearBills’ Internet site. BearBills shall have the right to revise this Agreement at any time, with 30 calendar days advance notice and with changes clearly posted on BearBills’ Internet site. Customer must submit changes to Payment Method at least 3 business days before a scheduled draft. Changes received by BearBills after this period may be delayed until the following Bill Day.

25.	Disclaimer of Warranties. BearBills hereby warrants and represents to Customer that any Services will be provided and performed in a timely, competent and professional manner. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, BEARBILLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT. BEARBILLS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

26.	Limitation of Liability. BearBills shall not be liable for loss, injury or damage caused by delays, interruptions or causes beyond BearBills’ control. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW, OF THE POSSIBILITY THEREOF.

27.	Exclusive Remedy. Customer acknowledges that its sole and exclusive remedy for BearBill’s breach of this Agreement is to cause BearBills to correct any failure on the part of BearBills in order to obtain the result for which the Customer contracted with BearBills.  If BearBills is unable to provide the remedy set forth in this Section, BearBills’ liability to Customer for direct damages under this Agreement shall be limited to an amount equal to the aggregate fees paid by Customer to BearBills provided during the most recently concluded quarter.

28.	Arbitration. If a dispute arises between BearBills and Customer arising from or related to this Agreement, such dispute shall ultimately be resolved via binding arbitration under rules promulgated by the American Arbitration Association.  Prior to the initiation of arbitration, the complaining party shall give notice of the alleged claim and each party shall engage in a good faith effort toward resolution.  If the dispute cannot be resolved through good faith negotiations, BearBills and Customer shall submit the dispute to binding arbitration by an arbitrator appointed by the American Arbitration Association and the dispute will be arbitrated (not mediated) by that individual under the Association's Rules governing commercial arbitration disputes. The arbitration will be conducted in Waco, Texas unless all parties to the dispute otherwise agree in writing after the dispute arises and before commencement of the arbitration.

29.	Legal Costs. Customer agrees to pay BearBills’ costs and reasonable legal fees if BearBills is required to take legal action against Customer to collect monies due it or to enforce its rights under this Agreement.

30.	Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with the law of the State of Texas.  Venue shall be in McLennan County, Texas. By entering into this Agreement, Customer submits to the jurisdiction of McLennan County state courts and the federal court for the Western District of Texas, Waco Division.

31.	Binding on Successors. This Agreement is binding upon the Parties and their respective heirs, executors, administrators, legal representative, successors and assigns.

32.	Non-Assignment. Customer may not assign this Agreement to any other person without BearBill’s express prior written consent.

33.	Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

34.	Severability Clause. If any clause, sentence, paragraph, section or part of this Agreement is judged to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof.

35.	Acknowledgment. Customer hereby represents that each and every Customer understands this Agreement and is signing it after having read it carefully.

36.	Survival. Customer’s obligation to pay any outstanding balance pursuant to the terms of this Agreement, as well as Sections 6, 11 through 14, 17 through 35 shall survive termination of this Agreement.
I have read, acknowledged and agree to the terms as stated in text box above.