Terms of Service
1. Services and Authority
1.1 Services Provided. Global Insurance Billing (“GIB”) agrees to provide billing, claim management, negotiation, and settlement services (the "Services") to Contractor in connection with emergency tree removal services provided by Contractor to policyholders.
1.2 Authority to Settle Claims. Contractor hereby authorizes GIB to settle insurance claims on its behalf at any amount. GIB intends to obtain the best result for each claim but does not guarantee any specific result on any given claim. GIB shall keep Contractor informed of all claim settlements through its online portal, in writing, over the phone or as otherwise agreed by the parties.
1.3 Third Party Services. GIB, at its option and in its sole discretion, may elect to engage one or more third parties to assist in resolution of a claim. Expenses in relation to third party services will not be charged to Contractor and shall be the expense of GIB, unless the parties agree that Contractor will be responsible for some or all of the third-party expense.
1.4 No Legal or Public Adjusting Services. This is not an agreement to provide legal or public adjusting services to Contractor.
2. Compensation and Payment.
2.1 Compensation. GIB agrees to provide Services to Contractor in exchange for the following compensation:
(1) a monthly charge of $75 dollars for portal access to view and update claims information. This charge will be assessed monthly while utilizing GIB’s services. Contractor shall put a card on file or provide an ACH authorization to transfer such funds each month. In the event that this Contract is terminated as provided herein, this charge will not charge the month following the month in which the Contract is terminated. In the event the monthly payment is not paid 10 days after becoming due, portal access will be discontinued and a $150 reactivation fee will be assessed.
(2) a $350 administration fee for each claim being handled by GIB. The carrier will be billed for this administrative fee. GIB may elect to waive this charge to the Contractor if the carrier does not pay the fee as part of the insurance claim.
(3) twenty percent (20%) of the money paid by the insurance carrier on submitted claims.
2.2 Payment of Insurance Proceeds. GIB shall pay Contractor eighty percent (80%) of the proceeds received from the insurance carrier or policy holder within five (5) business days of the funds clearing GIB’s account. GIB shall direct payment pursuant to this term to the account/entity identified in the Payment Authorization form sent to Contractor during onboarding.
3. Contractor’s Obligations, Representations, and Warranties.
3.1 Contractor Obligations.
3.1.1 Contractor agrees to utilize GIB’s methods to bill and collect payment from insurance carriers. GIB has training, informational material, rules, and other claim management materials posted on its portal that is updated periodically (the “Training Materials”). Contractor agrees to read and abide by the Training Materials when responding to a claim and throughout the billing and collections process.
3.1.2 Contractor agrees to provide claim documentation, as outlined in the Training Materials, to submit to an insurance company within 48 Hours of job completion. In the event that GIB believes additional information is required or will be useful in managing the claim, Contractor agrees to provide the same within 48 hours of the request or as the parties may agree.
3.1.3 Contractor agrees to comply with all applicable OSHA, ANSI, State, Federal, and local laws and regulations while performing any tree work.
3.1.4 Contractor agrees that the materials, contracts, invoices, and other materials provided to Contractor are the property of GIB. Contractor agrees that they will delete any and all downloaded or native format versions of GIB intellectual property should this Contract terminate under the provisions herein.
3.1.5 Upon GIB’s request, Contractor agrees to obtain a policy of insurance and/or declaration page from a policy holder prior to starting work that GIB will provide Services for.
3.2 Contractor’s Representations and Warranties.
3.2.1 Insurance. Contractor represents and warrants that it carries a Commercial General Liability policy with limits of at least $1,000,000/$2,000,000. Contractor further represents and warrants that for all jobs it performs Contractor’s employees and other workers are covered by a policy of Workers Compensation Insurance if such insurance is required for the work to be performed under state, local, or federal laws and regulations. Contractor further represents and warrants that all of its equipment and transportation are insured as required by state, local, and federal law and regulations.
3.2.2 Licenses. Contractor represents and warrants that it is licensed to perform tree work to the extent that is required by federal, state, and local laws and regulations.
3.2.3 Certifications. Contractor represents that it has any certifications required to perform the tree work to the extent that is required by federal, state, and local laws and regulations.
3.2.4 Advertising/Representations to policyholders. To the extent that Contractor has or makes representations to policyholders, in any form, Contractor represents and warrants that the representations made to the consumers are true. (e.g., if a contractor advertises on its website that it employs a certified arborist – it actually employs a certified arborist).
3.2.5 Covered and Non-Covered Claims. Contractor represents and warrants that it does not make adjustments or changes to its rates or the equipment utilized on the basis of whether a job is covered by insurance or not. Contractor further represents and warrants that regardless of insurance coverage or not, Contractor would charge the same or similar price for the services it provided to a homeowner.
3.2.6 Equipment Representations. Contractor represents and warrants that all of its equipment is in good working order and that it will abide by all applicable OSHA, ANSI, state, federal, and local laws in maintaining such equipment.
3.2.7 Insurance Claims. Contractor represents and warrants that each claim submitted to GIB’s portal is related to a tree removal from a residential covered structure unless it has received authorization from GIB in writing to submit a claim unrelated to residential covered structure. For example, Contractor must contact GIB prior to utilizing GIB’s Services for commercial properties.
3.2.8. Compliance with Law. Contractor represents and warrants that any work performed by Contractor and any interactions with homeowners, insurance carriers, or other third parties will be conducted in a manner in compliance with Federal, State, and local laws.
4. GIB’s Right to Refuse Claims
4.1 Refusal to take a claim. GIB reserves the right to refuse claims for specific reasons, including but not limited to:
(a) Non-compliance with applicable laws and regulations;
(b) Incomplete or inaccurate documentation;
(c) Suspected fraud or misrepresentation;
(d) Violation of GIB's policies and procedures or other failure to comply with GIB’s training materials
(e) Any other reason at GIB’s sole discretion
4.2 Notification of Refusal. GIB shall promptly notify contractor in writing of any refused claims, stating the specific reasons for refusal.
5. Governing Law and Jurisdiction.
5.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
5.2 Jurisdiction. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of the State of Georgia, and the parties hereby consent to the personal jurisdiction of such courts.
6. Disputes.
6.1 Meet and Confer. Should any dispute arise under this Agreement or these Terms of Service, the parties shall first meet and confer to attempt to resolve the dispute.
6.2 Alternative Dispute Resolution. If the parties are unable to resolve the dispute by mutual agreement, the parties may arbitrate the dispute at GIB’s sole discretion.
6.3 Attorney Fees and Costs. In the event that the parties have a dispute in relation to this Agreement or any claim administered under this Agreement, and GIB is the prevailing party, GIB is entitled to its attorney fees and costs from Contractor incurred in relation to the dispute.
7. Contract Termination.
7.1 Indefinite Term. The term of this Agreement is indefinite because when and where Contractor may need GIB’s services may be sporadic or periodic. Accordingly, this Agreement may terminate as follows:
7.1.1 Contractor Termination. Contractor may terminate this Contract by providing thirty (30) days’ notice to GIB pursuant to the notice provisions in this Agreement.
7.1.2 GIB Termination. GIB may terminate this Agreement by providing seven (7) days notice to Contractor pursuant to the notice provisions in this Agreement. GIB may also terminate this Agreement with 24 hours’ notice, upon Contractor’s default or failure to comply with the provisions of this Agreement.
7.2 Open Claims upon Termination. Upon start of the termination period for this Agreement GIB will no longer agree to provide new services for Contractor. However, open claims will continue to be administered by GIB until a resolution with the carrier is reached. Upon resolution of claims that are unresolved at the time of termination GIB will resolve those claims and make payment to Contractor and receive compensation as provided for in this agreement.
8. Liquidated Damages.
8.1 Interference with Claims. In the event that Contractor interferes or otherwise causes any claim to become unpayable by an Insurance Carrier, at GIB’s option, may bill Contractor 20% of the invoice total as liquidated damages. The Liquidated Damages are payable within 7 days of invoicing.
8.2 Utilizing GIB’s Proprietary Contracts, Systems, and Documents. In the event that Contractor utilizes, copies, or otherwise uses GIB’s proprietary contracts, invoices, or billing documents, Contractor shall be liable for $7,500 in liquidated damages for each use of the proprietary document.
9. Contractor Indemnification and Hold Harmless.
9.1 Indemnification by Contractor. Contractor agrees that for any work it performs on behalf of, for, or involving GIB in any way, Contractor shall indemnify, defend, and hold harmless GIB, its officers, directors, employees, agents, successors, and assigns from and against any and all liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees and expenses), claims, demands, suits, and judgments of any nature or description (collectively "Claims") arising out of or resulting from:
(1) Any negligent act or omission or willful misconduct of Contractor or its employees, agents, or subcontractors in the performance of work for GIB or any applicable customer;
(2) Any breach by Contractor of its obligations under any agreement with GIB and a customer or homeowner; or
(3) Any violation by Contractor of applicable laws, regulations, or industry standards.
9.2 Scope of Indemnification. The indemnification obligations under this Section 9 shall include, without limitation, all Claims for personal injury, property damage, economic loss, or any other type of damages or harm, whether based in tort, contract, or any other theory of liability.
9.3 Procedure
(1) GIB shall promptly notify the indemnifying party in writing of any Claim for which indemnification is sought.
(2) The indemnifying party shall have the right to control the defense and settlement of such Claim, provided that GIB may participate in the defense at its own expense.
(3) The indemnifying party shall not settle any Claim without GIB's prior written consent, which shall not be unreasonably withheld.
10. Notice. Any notices required under this Agreement are considered served upon emailing and sending the notice by regular mail to the addresses of the Parties identified below.
11. Integration and Supersession
11.1 Integration. These Terms of Service constitute the entire agreement between the Parties with respect to the subject matter hereof.
11.2. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions between the parties relating to the subject matter hereof, whether oral or written.
12. Representations and Reliance
12.1. Each party acknowledges that it has not relied upon any representation, warranty, or agreement of the other party except for those expressly set forth in this Agreement.
12.2. Any representations, warranties, or agreements not expressly contained herein shall not be binding on either party.
13. Amendments and Waivers
13.1. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both parties.
13.2. No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver thereof.