Member Facility Payment Policy
This “Payment Policy” may be incorporated by reference into any agreement between you and Helia Care, including the Member Agreement. Your agreement to and acknowledgement of this Payment Policy is a requirement of any Agreement. By executing the Agreement or using the Services, you agree to the terms and conditions of this Payment Policy. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such terms in the Agreement, incorporated documents, or as defined in the Definitions document located here, which is hereby incorporated by reference.
1. Member Account. When you sign-up for a Member Account, your Member Account automatically renews in successive one-year periods unless earlier terminated. In the event you wish to cancel your Member Account, you must do so in accordance with the Cancellation Policy.
2. Fees. In furtherance of your use of the Service, you shall pay to us the fees as set forth in the Member Agreement, in this Payment Policy, or as otherwise agreed to by the Parties in writing (the “Fees”). Helia Care shall provide you with written notice (email is sufficient) of any change to the Fees not less than thirty (30) days prior to the effective date of such change. Payments must be made in US dollars. Unless otherwise agreed to by us, all payments are non-refundable and may not be prorated by you. The Fees for any renewal term shall be the then-current Fees of Helia Care applicable to the length of the term of renewal.
2.1 Integration Fees. If applicable, Integration Fees as outlined in the Member Agreement are due within five business days following the Acceptance Date.
2.2. Facility Pricing Tiers. You will be assessed and agree to pay, on a monthly basis, the appropriate monthly Facility Pricing Tier Fee based on the number of facilities you have. Your account will be invoiced on the first (1st) day of the month (each, a “Payment Date”).
3. Billing.
3.1 Billing, Facility Pricing Tiers. Facility Pricing Tiers have a monthly billing cycle. The Facility Pricing Tiers billing cycle begins on 12:00am on the first day of the applicable month and ends at 11:59pm on the last day of such month. If you add a facility in the middle of a billing cycle, we will prorate the cost for the remainder of the cycle and you will be billed immediately. If you move to a new Facility Pricing Tier during the billing cycle, new facilities will be prorated and charged at the new Facility Pricing Tier. At the next billing cycle, all facilities will be charged at the new Facility Pricing Tiers. Please note that any cancellation or termination of a Promotional Fee will not result in a refund or proration of any fees paid.
4. Payments, Generally. Your account and access to the Services may be suspended in the event of non-payment of applicable fees. Payments are generally accepted via ACH. Payments made by credit card require prior authorization and may incur additional fees. You represent and warrant to us that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You remain responsible for any uncollected amounts. All payments due shall be without set-off or counterclaim unless mutually agreed to in writing by the Parties. All payments required by any Agreement are exclusive of federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes, and value added taxes). You are responsible for the payment of all such charges, excluding taxes based on our net income. All amounts payable by you under any applicable Agreement, including all Fees, are grossed-up for any withholding taxes imposed by any foreign government on your payment of those amounts to us. In the event a payment date falls on a weekend or holiday and cannot be processed on such day, payment shall be due and payable on the first business day thereafter. If you fail to make timely payment of any amounts due hereunder, then in addition to any other right that we may have, you shall pay to us a late payment charge at the lower of 1.5% per month or the highest rate permitted by law, compounded daily and calculated on the basis of the number of days actually elapsed in a 365 day year, beginning on the due date and ending on the day prior to the day on which payment is made in full. Interest accruing under this Section shall be due on demand. The accrual or receipt by either Party of interest under this Section shall not constitute a waiver by that Party of any right it may otherwise have to declare a breach of or a default under this Agreement.
4.2. Payment Methods. To use the Helia Connect® platform you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your Automated Processing Fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
4.3. Updating your Payment Methods. You can update your Payment Methods by emailing memberbilling@heliacare.com or calling (800) 709-9076 opt 3. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).