Payment Installment Agreement
Initial Disclosure Statement
This Initial Disclosure Statement (“Statement”) is part of your Installment Agreement (“Agreement”) with Health Betterment Inc. (HBI) and sets out the key terms of your Installment Agreement based on the dental work you received from a participating dentist.
When you elect to enroll in the Payment Plan Program, you agree to provide us with your personal information and consent to access your consumer credit file.
If you are approved for initial or extended credit terms, we will pay the dentist for the amounts billed to you. You may then re-pay HBI for your dental bill with Payment Installments that allow you to receive dental work when you need it.
HBI may permit you to make payment installments for your dental work by dividing each bill into an equal number of installments for up to 39 weeks, (39 payments) which will be drawn from your credit card or bank account when due.
You may request to extend your payment term and in doing so may be asked for additional information.
All amounts referenced in this Statement are in Canadian currency and capitalized terms used but not defined in this Statement have the meanings given to them in the Agreement. Please read the Agreement in full for all terms that apply.
You agree to accept a copy of this Statement in electronic form and agree that any electronic disclosures have the same meaning and effect as if provided to you in writing, in paper form. You also agree to carefully review this Statement before entering into the Agreement and to retain a copy of this Statement and the Agreement for your records and future reference.
Designating a Credit Card or/and Bank Account
By electronically accepting this Agreement, you agree to provide us with an acceptable bank account from which installment payments can be drawn, and we agree to immediately pay the dentist that you are receiving treatment from. You promise to re-pay us the amount of your dental work as indicated by the dentist. Your Payment Schedule will be provided to you in your Finance Portal as part of this Agreement.
Processing Fees / Annual Percentage Rate (APR):
A fee of $12.50 will be applied per installment payment.
The Annual Percentage Rate may vary depending on the amount of your installment payments and the number of weeks you choose to pay. You should assume that the APR can be as low as 12% and as high as 60%.
Any payment returned NSF is subject to a $48.00 NSF fee.
PROMISE TO PAY
This Agreement governs your repayment to us in connection with funds we disburse at your direction and on your behalf to an approved dentist to pay for your dental treatment or services that you have accepted. You promise to pay the sum of your deposit (if required) and other payment amounts under this Agreement on the dates and according to the amounts displayed as “Deposit” and “Remaining Payment Schedule” (together, your “Payment Schedule”) as it may be revised by the Final Payment Schedule (inclusive of all taxes, if any, and fees), plus all other charges accruing under this Agreement, if any, until paid in full. You understand that the actual amounts and due dates of your “Deposit” and the payments in your “Remaining Payment Schedule” will be provided to you in your Finance Portal.
Dental Bill Payments
After the dentist completes your dental work, you will receive an Account Statement by email which will indicate the dental work completed and an amount due.
The full amount due will be withdrawn from your credit card or bank account within 48 hours. There will be no extra fees for paying your bill in full.
Payment Due Date
At the time you receive the email notice indicating the balance due for the dental work you received, you will have 48 hours to select an installment plan up to 39 weeks. If you do not select an installment plan within 48 hours, then the entire amount will be withdrawn from your payment account on file.
If you wish, you may pay your entire bill due at the time it is presented and there will be no prepayment charges, or fees.
Initial Deposit / Payment & Installment Payments
If you elect to make an initial partial payment or deposit, the initial partial payment or deposit will be credited against the outstanding balance of the amount owing when the partial payment was made and shall be applied against the then outstanding balance.
You may then elect to make payment installments on the remainder of your balance pursuant to the allowable installment payment plan available to you, until all amounts due are paid in full.
When you accept this Agreement and accept products, materials, or professional services from the dentist, you will identify your preferred method of payment, designating an eligible Canadian-issued bank account as your “Payment Method.”
In addition to any required down payment, you must select a repayment term (“Installment Payments”) for the outstanding amounts owing for your dental work. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Installment Plan.
You may elect to make any installment payment early without penalty or premium at any time.
If you would like to change your Payment Method or make alternate payment arrangements, or if you have further issues or questions, you may contact us at email@example.com.
The Payment Method you select, and any necessary authorization will not affect your obligation to pay when due all amounts payable under this Agreement.
The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have under applicable law.
There are no interest charges associated with this Agreement, however the issuer of your Payment Method may charge interest or other charges in accordance with the terms and conditions of the agreement between you and your Payment Method issuer.
You will be charged a flat fee of $12.50 for each installment payment, (Processing fee) irrespective of the principal amount of the installment plan you select or the number of payments in that plan. The fee will be deducted at the time each installment payment is due and being withdrawn from your account. If you repay your outstanding balance early, then the Processing Fee(s) for the outstanding installments will be waived.
Delinquency and Default
If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against you bankruptcy or insolvency proceedings or are in breach of any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder.
If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend, or terminate your access to your account and seek redress as permitted by law.
Credit Bureau Notification
HBI is a member of a consumer reporting agency, and as such we will report all positive payments and all late or delinquent payments to your consumer credit bureau file.
Approvals & Account Cancellations
All requests for installment payments are subject to our approval. We may, in our sole discretion, not approve your application, or cancel an approved application before the dental work is provided. If we cancel your previously approved application:
(a) We will apply a full refund of any amounts you have paid in advance of receiving the dental work (excluding any chargebacks or fees incurred in relation to your payment), and we will cancel any future payments related to that treatment; and,
(b) The dentist providing the services will not be obliged to deliver the dental work (or provide any related services); and
(c) You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to your application.
Approval for making installments on your dental work does not guarantee future approval for future dental work.
Pre-Authorizations & Consumer Credit Checks
The dentist may provide us with a pre-authorization request indicting an estimate of the amount of funds you will owe on the date you are going to receive dental services.
As part of our approval process and our assessment as to whether or not you have the ability to fulfill your obligation to pay when due all amounts owed under this Agreement, we reserve the right to conduct a consumer credit check pursuant to our Application for Credit & Consumer Credit Check policy and disclosure.
Refunds and Other Adjustments after Disbursement of Funds
Processing refunds or modifications are subject to the discretion of the dentist to whom you directed us to disburse funds under this Agreement.
You will remain obligated to make all payments still outstanding under this Agreement when due.
However, for any amounts that a dentist returns directly to us in connection with an applicable refund, we shall retain such amounts and reflect an equivalent credit to reduce your outstanding obligation to us under this Agreement or, where applicable, refund to you any amounts already paid.
In the event of a partial refund, the credit will be applied against your last payment first. If, for any reason, we are unable to apply a refund to the order to which it corresponds, we may in our discretion apply the refund to any method of payment you have on file with us. You will remain obligated to make payments still outstanding when due.
If you are entitled to a refund for any reason, you agree to accept the refund policy of the specific dentist with whom you received dental work. We will not be liable if a dentist does not give you a credit, imposes any additional charges or takes any other action.
Transfers or Assignments
We may transfer, assign, or sell this Agreement, and any rights under this Agreement, to a third party without your consent. You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. To the extent permitted by applicable law, you hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by us.
Complaints and Disputes
If you have a complaint with us arising out of or related to this Agreement, you should contact us at firstname.lastname@example.org. If you have a complaint arising out of the delivery or quality of the dental work you received, you should contact the dentist that provided the services to you. You acknowledge and agree that HBI is not responsible for resolving disputes you may have with a dentist.
If you wish to submit a general complaint to us, you should do so by contacting us at email@example.com. We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
(a) To expedite resolution and to minimize the cost of any claims and disputes arising out of or relating to this Agreement (“Dispute(s)”), we both agree to attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your account. Our address for such Notices is: HBI, 2300 Yonge St, Box 2340, Toronto, ON Canada, M4P 1E4, Attention: Legal, or by email to firstname.lastname@example.org. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, to help us to evaluate the Dispute and to attempt to resolve it. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, to help you to evaluate the Dispute and to attempt to resolve it. If the informal negotiations are successful, no further action is necessary.
(b ) IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FIRST NOTICE, THE PARTIES AGREE THAT ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION BY A SOLE ARBITRATOR. THE ARBITRATOR SHALL HAVE THE JURISDICTION TO DECIDE ANY ISSUES RELATING TO THE MAKING, VALIDITY, ENFORCEMENT, OR SCOPE OF THIS ARBITRATION AGREEMENT, ARBITRABILITY, DEFENSES TO ARBITRATION INCLUDING UNCONSCIONABILITY (COLLECTIVELY, “ARBITRABILITY” ISSUES).
(c) The arbitration will be seated in the City of Toronto, Ontario, Canada and shall be conducted under the rules of the International Centre for Dispute Resolution (the “ICDR”) in accordance with its International Arbitration Rules (the “ICDR Rules”) which are available on the ICDR’s website www.icdr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the ICDR Rules.
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
(d) The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any legal proceeding to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any legal proceeding to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Notwithstanding the foregoing, either party may assert claims, if they qualify, in small claims court in Toronto, Canada.
(e) You agree that this agreement to arbitrate may be enforced by us or our affiliates, subsidiaries, or parents, and each of their officers, directors, employees, and agents.
(f) NOTWITHSTANDING THE FOREGOING, YOU MAY OPT OUT OF ARBITRATION BY SENDING US WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF SIGNING THIS AGREEMENT STATING THAT YOU WISH TO “OPT OUT OF THE AGREEMENT TO ARBITRATE DISPUTES.” THE OPT-OUT NOTICE SHOULD BE SENT TO THE FOLLOWING ADDRESS: HBI, 2300 Yonge St, Box 2340, Toronto, ON Canada, M4P 1E4, or by electronic mail at email@example.com, Attention: Legal, and include (i) your account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration. If you do not opt out, but any part or parts of your agreement to arbitrate are unenforceable then we and you agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this agreement to arbitrate shall continue in full force and effect. If, however, the entire agreement to arbitrate or your waiver of the right to participate in class, representative or to arbitrate injunctive relief claims is unenforceable then the agreement to arbitrate shall be of no force or effect.
Applicable Law and Jurisdiction
This Agreement shall be governed by, and will be construed under and in accordance with, the laws of the province listed for the debtor above and the federal laws of Canada applicable therein, without regard to choice of law principles.
No Warranties; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT IF YOU ARE A RESIDENT OF QUEBEC, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, INDIRECT LOSS, OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR TAX LIABILITY UNDER THE LAWS OF CANADA OR THE PROVINCE IN WHICH YOU LIVE.
You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, and Health Betterment Inc, its subsidiaries, partners, and affiliates, to you for all claims arising out of or related to this Agreement or your use or inability to use your account will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages, or (b) CAD$75.00.
No Liability for the Dental Services
You acknowledge that Health Betterment Inc is not engaged in the sale or resale of any dental goods or services you receive from a dentist and that we do not have control of and are not responsible or liable for such products or services. You agree that we shall have no liability whatsoever caused by a dentists’ delay in providing the goods or services or the quality of the goods or services.
Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Marketing
(a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS and text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
(b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your account, this Agreement and/or your account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
(c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement and your account. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
(d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at firstname.lastname@example.org. Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, We reserve the right to restrict, deactivate or close your Account and you agree that you may be prevented from using certain features of your account.
(e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by responding with a “unsubscribe” message within the marketing email or text.
Notices and Communications
(i) to receive this Agreement and all other communications (including, but not limited to, any other agreements, notices, disclosures or other information we may send to you or that we may be required to send to you under applicable law) in electronic form;
(ii) to retain copies of these communications for your records; and,
(iii) that any electronic disclosures have the same meaning and effect as if provided to you in writing, in paper form. Communications will be sent to your email address listed on your account.
Any such electronic notices or communications shall be effective and deemed delivered when emailed to your designated email address, as such address may be updated from time to time.
The parties agree that electronic signatures will have the same legal effect as original (i.e. ink) signatures and that an electronic copy of any signature will be deemed an original and may be used as evidence of execution.
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
This Agreement, including the Initial Disclosure Statement provided above, and all other documents incorporated by reference, constitutes, and contains the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements.
The division of this Agreement into sections and the inclusion of headings contained in this document are for reference purposes only and shall not affect the construction or interpretation of this Agreement. No failure by us to exercise or delay in exercising any right under this Agreement (or to insist upon strict performance in any respect or on any occasion) shall operate as a waiver thereof, nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise thereof or the exercise of any other right. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by applicable law.
This Agreement and all related documents have been drafted in the English language at the express request of the parties. La présente convention ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.
By enrolling in the Dental Grants Program and the Payment Plan Program, you acknowledge having received and read this Agreement, and that you understand and agree to be bound by this Agreement, including the Initial Disclosure Statement.
Last updated August 2021