ACCEPTANCE OF TERMS

Welcome to the NexTrust.com website (“Site”). The Services that NexTrust provides to you through this Site, or any other site, including the Parties’ separate Reseller Agreement(s), are subject to the following Terms of Use and the NexTrust Privacy Policy (collectively, "TOU"). Your access to and use of the Site is conditioned upon your acceptance of the TOU. By accessing, using, viewing, or browsing the Site, you agree to these TOU. If you do not agree to these TOU, do not access the Site in any way. NexTrust reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms" hypertext link located at the bottom of our Web pages. You should visit this page from time to time to review the then-current terms and conditions for use because they are binding upon you. This Agreement constitutes the entire agreement between you and NexTrust with respect to the matters contained herein.

USER’S REPRESENTATIONS

You represent and warrant to NexTrust that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may submit to NexTrust is truthful, accurate and complete and that you will keep any such information updated; and (c) you will comply with all of the terms and conditions of this Agreement.

DESCRIPTION OF SERVICES

NexTrust provides users (“you”) with outsourced document delivery services (Mail and paperless eBill) and payment services (online ePay and local OfficePay) (the “Services”). The Services, including tools, resources, documents, any updates, enhancements, and/or new features, are subject to the TOU.

COPYRIGHT AND USE OF MATERIALS

The information and materials contained in the Site are protected under worldwide copyright laws and treaty provisions. Contents of this site are owned by NexTrust or other third parties. You may download, copy, and distribute NexTrust documents and brochures for your organization’s noncommercial use only – you are not authorized to make any changes to the same. Prior written permission must be obtained from NexTrust for any other use of the materials. You may not modify, copy, license, publish, distribute, transmit, upload, reuse, report or use the content of the Site for public or commercial purposes. In no case may any type of hyperlink be created to any NexTrust site without the prior written consent of NexTrust.

PRIVACY AND PROTECTION OF INFORMATION

See our Privacy Policy relating to the collection and use of your information by clicking on the link located at the bottom of the Site pages.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

To access the Services, you must complete the enrollment wizard process by providing us with current, complete, and accurate information as prompted by the applicable enrollment form. You will choose a password and a 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. You agree to notify NexTrust immediately of any unauthorized use of your account or any other breach of security. NexTrust will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NexTrust or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

INFORMATION PROVIDED TO NEXTRUST

NexTrust does not claim ownership of the information you upload, input or submit to any Services (each a "Submission" and collectively "Submissions"). However, by uploading, inputting, providing, or submitting your Submission you are granting NexTrust, its affiliated companies and necessary supplier’s permission to use your Submission in connection with the operation of providing Services to you.

By Uploading a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SITE INFORMATION

While NexTrust makes every reasonable attempt to include accurate and current information in the Site, NexTrust makes no warranties or representations as to its accuracy. NexTrust assumes no liability or responsibility for any errors or omissions in the content of the Site and expressly disclaims any liability whatsoever for “obvious errors”.

THIRD-PARTY DOCUMENTS AND SOFTWARE

There may be instances when NexTrust visitors are prompted to download third-party software such as Acrobat Reader, Internet Explorer, or PDF documents. NexTrust does not warranty, guarantee or endorse these third-party materials and provides them as a convenience. NexTrust assumes no responsibility for errors, omissions or technical inaccuracies in third-party materials. NexTrust shall not be held liable for any damages, including direct, special, indirect, incidental or consequential lost revenues or lost profits that may result from the use of third-party materials.

LINKS TO THIRD-PARTY SITES

THIRD-PARTY LINKS WILL LET YOU LEAVE THIS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEXTRUST AND NEXTRUST IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEXTRUST IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEXTRUST IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEXTRUST OF THE SITE. NEXTRUST RESERVES THE RIGHT TO TERMINATE ANY LINK OR LINKING PROGRAM AT ANY TIME. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES LINKED TO THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU AGREE NOT TO LINK ANY OTHER WEB SITE TO THIS SITE WITHOUT THE PRIOR WRITTEN PERMISSION OF NEXTRUST.

THIRD-PARTY SUPPLIERS

THIRD-PARTY SUPPLIERS MAINTAIN THE RIGHT TO SUSPEND OR TERMINATE THE PERFORMANCE OF THEIR SERVICES, WITHOUT END-USER NOTICE, FOR CONTRACTUAL NON-COMPLIANCE BY NEXTRUST. IN NO EVENT SHALL NEXTRUST AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NexTrust server, or the network(s) connected to any NexTrust server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any NexTrust server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

APPLICABLE LAWS

This Site is controlled by NexTrust from its offices within the state of Utah in the United States of America. NexTrust makes no representation that materials or services on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You and NexTrust agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in state or federal court located in Salt Lake City, Utah.

WARRANTY

Your uploading, downloading, browsing, and general use of the Site are at your risk. Neither NexTrust, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL NEXTRUST BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA REGARDLESS OF WHETHER IT WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT WILL NEXTRUST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO BILLER OR PAYERS, DIRECT OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY RELATED TO ACTS OR OMISSIONS OF THIRD PARTIES.

COPYRIGHT NOTICE

© 2012, NexTrust Corporation. All rights reserved.

TRADEMARKS

NexTrust, NexTrust logos, BillFlash, BillFlash logos, Getting You Paid, Statements Made Easy, Intelligent Billing Services, Breakthrough Billing and Payment Solutions, MyProviderLink, MyProviderLink logos and/or other NexTrust products referenced herein are trademarks of NexTrust Corporation. NexTrust Corporation may own other trademarks and/or trade names that are not included here. The absence of a product or service name or logo from this list does not constitute a waiver of NexTrust’s trademark or other intellectual property rights concerning that name or logo. The names of other companies and products or services mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Direct your questions to the appropriate contact as listed on the Site.

Last Updated: 2012 09 18

NexTrust Privacy Policy

Last Revised July 9, 2020

 

Introduction

Protecting the privacy of your personal information is important to us, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes how NexTrust, Inc. collects, uses, discloses, and safeguards your personal information through NexTrust.com (this “Site”), related BillFlash services, any affiliated websites, devices, and applications that reference this Privacy Policy (together “BillFlash Services”). It also describes how you can review and request updates to your information.

By using this Site or marketing BillFlash Services, you are consenting to the practices described in this Privacy Policy.

Privacy Statement

We do not rent or sell your personal information.

Information We Collect About You and How we Collect It

Here are the types of personal information we collect about you:

1. Information You Give to Us
   • You provide us with information in various ways including when you enroll, fill out forms, or update your account profile on Site; communicate with us by phone, email, or otherwise; complete a questionnaire, support ticket, or contest entry form; and search Site.
   • As a result of these actions, you might give us information including identifying information such as your name, address, phone numbers, email addresses, title, business information, payment information, and taxpayer identification.
   • You may choose not to provide certain information, but then you might not be able to market BillFlash Services.
2. Automatic Information
   • We may automatically capture and save certain types of information about your use of and interaction with Site. Like many websites, we may use cookies and other identifier technologies (collectively “cookies”), and we obtain various types of information when your web browser, computer, or device accesses Site and any other content served by or on behalf of NexTrust on other affiliated websites.
   • Examples of information we may automatically collect and analyze include: the IP address and browser used to connect your computer to the internet; sign in username and password; computer or device information including platform, operating system, location, and time zone; content interaction information including the full URL clickstream with Site; services metrics such as your interactions with service features and content, your settings, and the occurrences of any technical errors; and the phone numbers used to call us.
3. Information from Other Sources
   • We might receive information about you from other sources.
   • For example, we may receive updated business information such as name, address, contacts, billing system, services used, and payment information, from our customers (“Billers”); integrated software partner (“Partner”) if you are a value-added reseller: or value-added reseller (“VAR”) if you are an integrated software partner.

Use of Cookies and Other Identifier Technologies

We use cookies and other identifier technologies (collectively, "cookies") to recognize your browser or device, learn more about your interests, provide you with essential features and services, and improve our services.

For example, we may use cookies to specifically: recognize you when you sign-in to Site, which then allows us to personalize your experience; keep track of your preferences; conduct research and diagnostics to improve BillFlash Services; and improve security and prevent fraudulent activity.

You manage cookies through your browser settings that generally include letting you set when and how you want to accept, be notified, and block cookies. However, if you block our cookies it will likely result in reduced functionality at Site.

Use of Your Personal Information

We use your personal information to provide BillFlash Services for you and for the following related purposes:

1. Provide BillFlash Services.We use your personal information to provide Site functionality; to administer your account; and to communicate with you (e.g., by phone, email, or chat).
2. Recommendations and personalization.We use your personal information to recommend features and services that might be of interest to you, identify your preferences, and personalize your experience with BillFlash Services.
3. Troubleshoot and improve our services.We use your personal information to analyze performance, fix errors, and improve the usability and effectiveness of BillFlash Services.
4. Prevent fraud.We may use your personal information to prevent and detect fraud and abuse in order to protect the security of our customers, NexTrust, our affiliates, and others.
5. Comply with legal obligations.As required, we collect and use your personal information to comply with governing laws such as to comply with a subpoena or similar legal process.

Disclosing Your Personal Information to Third Parties

We may need to disclose your personal information to third parties in the following instances:

1. Billers. We may exchange personal information with Billers enrolled under your NexTrust Reseller ID such as to provide the Biller with your contact information.
2. VARs. If you are a Partner, we may exchange personal information with VARs that you resell your software to current or prospective Billers such as to provide VAR with your contact information.
3. Partners. If you are a VAR, we may exchange personal information with Partners that you resell their software to current or prospective Billers such as to provide Partner with your contact information.
4. Service Providers. We may disclose your personal information to companies that provide services to us such as companies that assist us in operating our Sites and vendors that assist us with product development and testing, surveys, and marketing. These service providers are required to keep your personal information confidential and are not permitted to use your information for any purpose other than to carry out the services they are performing for us.
5. Others: We may also share your personal information with other third parties when you separately consent to such sharing.
6. Business Transfers. As we continue to develop our business, we might sell or buy other services or businesses. In such transactions, customer information is generally transferred but remains subject to the promises made in any pre-existing Privacy Policy. Also, if NexTrust, Inc., or substantially all of its assets are acquired, customer information will be included in the transferred assets.
7. Protection of NexTrust and Others:We release account and other personal information when we believe doing so is appropriate to comply with the law; enforce or apply our Terms of Use and any other related agreements; or protect the rights, property, or safety of NexTrust, our customers, users, resellers or others. This includes exchanging information with other companies and organizations for fraud protection and risk reduction.

We may freely disclose deidentified or aggregated information that is not personally identifiable.

Protecting Your Personal Information

We maintain reasonable and appropriate administrative, technical, and physical security safeguards to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Although we attempt to protect the personal information in our possession, no security system is foolproof, and we cannot promise that your personal information will remain absolutely secure in all situations.

Retaining Your Personal Information

We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as necessary to comply with our business requirements and legal obligations and to resolve disputes, protect our assets, and enforce our agreements.

Links to Third-Party Websites

The Site may contain various links to third-party websites. We are not responsible or liable for the privacy practices or content found on those websites. You should check the privacy notice and policies of each website you visit. Links to third party sites are provided solely for your convenience and any use or submission of data to such sites shall be at your sole risk.

What Choices Do I Have?

1. As described above, you can choose not to provide certain personal information, but then you might not be able to market BillFlash Services.
2. You can add or update certain information on certain Site pages such as in your account profile or by contacting Customer Care as described in the Contact Us section below.
3. You can manage cookie preference in your browser. Again, as described above, blocking our cookies my limit the BillFlash Services that are available to you and therefore we recommend that you accept our cookies to take full advantage of our services.
4. If you do not want to receive promotional email from us, you can unsubscribe on the received email.

In addition, to the extent required by applicable law, you may have the right to request access to or delete your personal data. If you wish to do any of these things, please contact Customer Care as described in the Contact Us section below. Depending on your data choices, certain services may be limited or unavailable.

Children

This Site is not intended for children under 18 years of age. If you are under 18, you may use Site only with the involvement of a parent or guardian. We do not knowingly collect personal identifiable information from children under the age of 13 without the consent of the child's parent or guardian. If we are made aware of collecting information from a child under 13, we will delete this information.

California Consumer Privacy Act

If you are a California resident, you can make certain requests regarding your personal information as required under the California Consumer Privacy Act (“CCPA”). We will fulfill each of these requests to the extent required by law.

1. What personal information do you collect about me? If you make this request, we will return to you:

• The categories of personal information we have collected about you.
• The categories of sources from which we collect your personal information.
• The business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we share personal information.
• The specific pieces of personal information we have collected about you.
• A list of categories of personal information that we have sold, along with the category of any other company we sold it to. Any of the categories of personal information that we collect could be included in a sale to other companies, including those within our corporate family. If we have not sold your personal information, we will inform you of that fact.
• A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

You can ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to personal information we collected about you in the previous 12 months.

2. Delete My Personal Information. You have the right to ask that we delete your personal information. Upon receiving your request, we will delete the personal information (to the extent required by law) as of the date of your request and direct any third-party service providers to do the same. In some cases, deletion may be accomplished through deidentification of the information. If you choose to delete your personal information, you may not be able to market BillFlash Services that require such information.
3. Stop Selling My Personal Information. We do not sell your personal information for monetary or other valuable consideration.

We will not discriminate against you for exercising your rights. This generally means we will not deny you services, charge different prices or rates, or provide a different quality or level of service.

To exercise your California privacy rights described above, please contact Customer Care as described in the Contact Us section below.

Privacy Policy Revisions

Our business changes continuously such that this Privacy Policy will change also. Accordingly, we reserve the right, at any time, to modify this Privacy Policy. If we make significant changes to our Privacy Policy, we will post those changes in this Privacy Policy on this Site. We include a revision date on this Privacy Policy. Please check our Privacy Policy periodically for changes.

Contact Us

We’re here to help you have a great experience with BillFlash Services. If you have any questions or concerns about this Privacy Policy, please contact Customer Care using the options found on the Site “Contact Us” page.