1. ACCEPTANCE OF TERMS
Rhino Bill provides its service to you, subject to the following Agreement between you and Rhino Bill, which may be updated from time to time without notice to you by posting the modified Agreement on our site at:
2. DESCRIPTION OF SERVICE
Rhino Bill currently allows users to submit medical claims to the Ohio Department of Jobs and Family Services (“ODJFS”) via the Internet (the “Rhino Bill Service”). You understand and agree that the Rhino Bill Service may include certain communications from Rhino Bill, such as announcements regarding changes in the Rhino Bill Service, confirmation of claims, and updates regarding billing. These communications are considered part of Rhino Bill membership and you will not be able to opt out of receiving them.
3. YOUR RESPONSIBILITIES
You are responsible for all third party fees (such as Internet service provider charges.) You are also responsible for all equipment necessary to access the Rhino Bill Service. You must comply with all applicable laws, rules and regulations (including ODJFS rules and regulations) regarding or relating to the provision of healthcare products and services including with respect to eligibility, service authorizations, coordination of benefits and submission of claims for reimbursement. ODJFS is the only payor; Rhino Bill is not a payor. You must comply with all requirements regarding investigating, determining, billing and collecting for third party benefits and third party liability prior to submitting a claim to ODJFS. You are also solely responsible for repaying ODJFS for any overpaid amount. You must also comply with the terms of this Agreement and any rules, guidelines or policies of Rhino Bill that we post on our website from time to time. You must ensure that all information submitted to Rhino Bill is accurate. You shall bear sole responsibility for the accuracy and proper transmission of any and all information you provide.
4. FIRST MONTH FREE AT SIGN UP
The first free month at sign up will cover the entire first month of service (30 calendar days.) After the free period the Rhino Bill Service will automatically be converted to a regular monthly subscription. If you do not wish to continue with the service, you must cancel within the first month by terminating the service through your account under “My Profile”.
5. REFER-A-FRIEND FREE MONTH
For every customer referred to Rhino Bill and who names that Independent Provider as his referral, the Independent Provider will receive one month of free service. This free month of service will be in addition to the first month free at sign up. In order to receive the Refer-a-Friend free month, the new member must enter the user name of the referrer. The Refer-a-Friend free month pertains to Independent Providers only, and does not pertain to Rhino Bill for Agencies. Free Months will only be used for full monthly subscription payments. Any partial-month’s fees acquired will still be due on the first of the month.
6. MONTH-TO-MONTH TERM
After the first free month and during non-Refer-a-Friend months, your account will be automatically renewed on a month-to-month basis for the total monthly fee of the Rhino Bill Service. There is no minimum term of service. You may cancel the service at any time. Service is billed on the first day of every calendar month for service in the previous calendar month, and no refunds for a partial month’s service will be given. The term will begin at sign up. If sign up should occur after the first day of the month, you will be charged a prorated amount for the partial month after the first month free at sign up.
7. FREE MONTH FOR UNUSED MONTH
If you do not create a claim during a calendar month after the calendar month in which your free trial month at sign up has ended, you will not be charged for that month of service.
8. GENERAL PAYMENT TERMS
You agree to pay for the Rhino Bill Services on time and in full.
Rhino Bill’s monthly fee is currently $19.99 per month for Independent Providers. For Agencies, the fee is $19.99 per month for up to 100 claims and an additional $0.15 per claim for each additional claim over the first 100 in the month. Prices are subject to change.
You are responsible for payment of all taxes and duties relating to the Rhino Bill Services you have purchased, including, without limitation, all sales taxes.
If Rhino Bill is unable to obtain payment, you will cease to have privileges for which you have registered and subscribed, though you will still be bound by your obligations under this Agreement. We are permitted and you hereby authorize Rhino Bill to withdraw the agreed amount from your account or charge your credit card each month until the Rhino Bill Service is paid.
Rhino Bill reserves the
right to alter any and all fees from time to time, without notice.
9. PROPRIETARY RIGHTS
You acknowledge and agree that certain content available through the Rhino Bill Services, including, but not limited to, trademarks and service marks owned by Rhino Bill and its subsidiaries, affiliates, licensors, and service providers, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in this Agreement. You agree not to modify, deface, or alter any of the trademarks, service marks, or other intellectual property made available through the Rhino Bill Services.
10. TERM OF SUBSCRIPTION
The Term of this Agreement shall last through the period of your Subscription, and will continue until this Agreement is terminated.
All provisions of this Agreement, which, by their nature, impose continuing obligations, shall survive termination of this Agreement.
11. RHINO BILL SERVICES
Rhino Bill reserves the right to modify the Rhino Bill Services at any time. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT RHINO BILL MAY CHANGE THE FEATURES AND TECHNICAL REQUIREMENTS OF RHINO BILL SERVICES FROM TIME TO TIME. If you are dissatisfied with any modification to Rhino Bill, you may terminate Rhino Bill Services in the manner described in this Agreement.
12. PRACTICE REGARDING USE AND STORAGE
You acknowledge that Rhino Bill may establish general practices and limits concerning use of the Rhino Bill Service, including without limitation the maximum number of days a claim will be retained by the Rhino Bill Service. You acknowledge and agree that Rhino Bill will not back up or store any information you submit through the use of the site or the Rhino Bill Service. The customer is solely responsible for maintaining a record of any information submitted.
13. DESIGNATION OF AN 835 TRADING PARTNER
You authorize Rhino Bill to receive member enrollment and remittance advice data in an 835 Electronic Data Interchange (EDI) format. You understand that each Ohio Medicaid provider may designate only one EDI Trading Partner to receive the 835 EDI transaction, and that any other Trading Partner designated to receive your 835 EDI transactions will no longer receive your transactions after designating Rhino Bill as your 835 Trading Partner.
14. TERMINATION OF SERVICES
We may terminate the Rhino Bill Services and this Agreement at any time under the following circumstances:
you fail to make payment when due;
(b) if you violate this Agreement or any rules or guidelines posted on the web pages associated with the Rhino Bill Services for which you are registering;
(c) if any information provided to Rhino Bill is found to be falsified or a misrepresentation;
(d) for any other reason in Rhino Bill’s sole discretion.
terminate the Rhino Bill Services and this Agreement at any time by canceling
your subscription in your account under “My Profile”. If you have submitted
claims in the calendar month in which you cancel your subscription, you will be
charged for the full subscription fee for that calendar month.
Once your account has been cancelled, you will no longer be able to access your account. You are responsible for backing up all claims and maintaining records before canceling the Rhino Bill Service. Rhino Bill is not responsible for any lost files or claims due to cancellation of your account.
15. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, you are a not a person barred from receiving reimbursement under the laws of the United States or other applicable jurisdiction, and that your use of the Rhino Bill Services will not violate any contractual commitment of which you are bound. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by Rhino Bill Service’s registration form and (b) maintain and update the Registration Data to keep it true, accurate, current, and complete. If you provide any inaccurate or falsified information, Rhino Bill has the right to suspend or terminate your account and refuse any and all current or future use of the Rhino Bill Service.
Patient and Claims Data is subject to our HIPAA Business Associate Agreement at:
17. PASSWORD SECURITY
During Registration, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Rhino Bill recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices. You agree to notify Rhino Bill immediately of any unauthorized use of your account or any other breach of security. Rhino Bill will not be liable for any loss that you may incur as a result of someone else using your account or password. If you should happen to lose your password, a temporary password will be sent to your e-mail address on file and must be changed once used.
While Rhino Bill takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL RHINO BILL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RHINO BILL WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Rhino Bill reserves the right to modify the Rhino Bill Services from time to time, for any reason, and without notice, including the right to terminate the Rhino Bill Services. Rhino Bill shall not be liable to you for any modification, suspension, or discontinuance of service. Rhino Bill reserves the right to modify this Agreement from time to time, without notice. Please review the posted Agreement periodically so you will be aware of any changes.
Rhino Bill may occasionally provide links to other Web sites or resources. Since Rhino Bill has no control over such sites and resources, you acknowledge and agree that Rhino Bill is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rhino Bill shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
21. DISCLAIMER OF WARRANTIES
THE RHINO BILL SERVICES AND RHINO BILL WEBSITE ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. NEITHER THIS AGREEMENT, THE RHINO BILL WEBSITE NOR ANY INFORMATION, REPRESENTATIONS OR DOCUMENTATION FURNISHED IN CONNECTION WITH RHINO BILL SERVICES ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY OF ANY NATURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RHINO BILL DISCLAIMS ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, REGARDING MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RHINO BILL SERVICES, AS WELL AS ANY WARRANTIES THAT THE RHINO BILL SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NO WARRANTY IS MADE THAT THE SITE OR ANY INFORMATION OR SERVICES AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COIMMUNICATION SENT FROM RHINO BILL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RHINO BILL SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RHINO BILL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
22. LIMITATION OF LIABILITY
RHINO BILL SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OF LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL RHINO BILL BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE RELEVANT RHINO BILL SERVICES DURING THE ONE MONTH PRECEEDING ANY INCIDENT THAT IS THE SUBJECT OF COMPLAINT OR ANY TERMINATION. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE RHINO BILL SERVICES, FROM RELIANCE ON THE RHINO BILL SERVICES, FROM INABILITY TO USE THE RHINO BILL SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RHINO BILL SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
You agree to indemnify and defend Rhino Bill and its subsidiaries,
affiliates, officers, employees and owners and hold them harmless from any and
all claims, damages, liabilities and expenses, including attorney’s fees,
arising out of, related to or in connection with: (a) your failure to comply with
this Agreement; (b) the accuracy or validity of any of your charges or claims
for reimbursement; or (c) any person’s use of any account or password you
maintain with Rhino Bill, regardless of whether such use is authorized by you.
25. FORCE MAJEURE
In the event that Rhino Bill is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning, then Rhino Bill’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
26. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without the prior written authorization of Rhino Bill.
27. STATUTE OF LIMITATIONS
YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR MISUSE OF THE RHINO BILL SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR WILL FOREVER BE BARRED.
28. NON-WAIVER AND SEPARABILITY
Rhino Bill’s failure to exercise any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If a court
or arbitrator of competent jurisdiction holds that any provision of this
Agreement is invalid, the parties nevertheless agree that the court or
arbitrator should endeavor to give effect to the parties’ intentions as
reflected in the provision, and agree that the other provisions in this
Agreement remain in full force and effect.
29. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
30. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter contained in these terms and conditions and merges all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein.
31. CHOICE OF LAW AND FORUM
This Agreement and the relationship between you and Rhino Bill shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Rhino Bill agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas with regard to any dispute under or related to this Agreement.
Rhino Bill will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe any material appearing on our site constitutes copyright infringement of your work, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We reserve the right to remove information alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement is:
Rhino Bill, Attn:
Copyright Agent, 1601 West 5th Avenue, #189, Columbus, Ohio 43212