Terms of Service

Please read these terms carefully before using our services.

Last Updated: November 10, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Encore Billing Group ("Company," "we," "us," or "our") regarding your use of our medical billing, revenue cycle management, credentialing, and related healthcare administrative services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

Description of Services

Encore Billing Group provides comprehensive healthcare revenue cycle management services, including but not limited to:

Medical billing and coding services
Claims submission and processing
Accounts receivable (AR) management and recovery
Provider credentialing and enrollment
Revenue cycle management (RCM)
Chronic Care Management (CCM) and Remote Patient Monitoring (RPM) billing
MIPS/MACRA reporting and compliance
Performance reporting and analytics
Backend office support and virtual assistant services
HIPAA-compliant administrative support

Specific services, fees, and terms will be detailed in a separate Service Agreement or Statement of Work ("SOW") executed between the parties.

Eligibility and Account

Eligibility: You must be a licensed healthcare provider, healthcare facility, or authorized representative to use our Services. You represent and warrant that:

You are at least 18 years of age
You have the legal authority to enter into these Terms
You have all necessary licenses and credentials to operate your healthcare practice
All information you provide is accurate, current, and complete

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Client Responsibilities

You agree to:

Provide accurate, complete, and timely information necessary for service delivery
Maintain all required licenses, credentials, and certifications
Comply with all applicable healthcare laws, regulations, and professional standards
Ensure that all patient authorizations and consents are properly obtained
Promptly notify us of any changes to your practice, credentials, or payer contracts
Review and approve claims submissions before processing (if required by agreement)
Maintain appropriate professional liability insurance
Pay all fees and charges in accordance with the Service Agreement
Use our Services only for lawful purposes and in compliance with these Terms

HIPAA Compliance and Business Associate Agreement

As a Business Associate under HIPAA, we will enter into a Business Associate Agreement (BAA) with you. The BAA will govern the use and disclosure of Protected Health Information (PHI) and is incorporated into these Terms by reference. You agree to:

Only disclose PHI to us as necessary for service delivery
Obtain all required patient authorizations and consents
Notify us immediately of any restrictions on the use or disclosure of PHI
Comply with all HIPAA requirements applicable to covered entities

We will maintain the privacy and security of PHI in accordance with HIPAA and the terms of the BAA.

Fees and Payment

Service Fees: Service fees will be specified in your Service Agreement or SOW. Fees may be based on:

Percentage of collections or revenue
Flat monthly or annual fees
Per-claim or per-transaction charges
Hourly rates for specific services

Payment Terms: Unless otherwise specified, invoices are due within 30 days of invoice date. Late payments may be subject to interest charges and may result in suspension of Services. You are responsible for all applicable taxes.

Intellectual Property

Our Property: All content, software, technology, processes, and materials provided by us in connection with the Services, including but not limited to our proprietary systems, methodologies, reports, and documentation, are owned by us or our licensors and are protected by intellectual property laws.

Your Data: You retain all ownership rights to your data, including patient information and practice data. You grant us a limited, non-exclusive license to use your data solely for the purpose of providing the Services.

Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of the Services. This obligation survives termination of these Terms and any Service Agreement. Confidential information includes, but is not limited to:

Business and financial information
Patient information and PHI
Proprietary systems and methodologies
Pricing and fee structures
Any information marked as confidential or that should reasonably be understood to be confidential

Warranties and Disclaimers

Service Warranty: We warrant that we will perform the Services in a professional and workmanlike manner, in accordance with industry standards and applicable laws and regulations.

Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

No Guarantee of Results: While we strive to maximize collections and improve revenue cycle performance, we do not guarantee specific collection rates, denial reduction percentages, or other performance metrics. Results may vary based on numerous factors outside our control.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Encore Billing Group and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Services
Your violation of these Terms or any applicable law
Your breach of any representation or warranty
Any inaccurate or incomplete information provided by you
Any claims brought by patients or third parties related to your practice or services

Term and Termination

Term: These Terms remain in effect until terminated by either party in accordance with this section or as specified in your Service Agreement.

Termination by You: You may terminate Services at any time by providing written notice as specified in your Service Agreement, typically 30-90 days in advance.

Termination by Us: We may terminate or suspend Services immediately upon:

Your material breach of these Terms or the Service Agreement
Non-payment of fees
Your violation of any applicable law or regulation
Any conduct that we reasonably believe may harm our reputation or business

Effect of Termination: Upon termination, you remain responsible for all fees incurred prior to termination. We will return or destroy your data in accordance with HIPAA requirements and the BAA, unless retention is required by law.

Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your State/Jurisdiction], without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], or in a court of competent jurisdiction in [Your Jurisdiction].

General Provisions

Entire Agreement: These Terms, together with any Service Agreement or BAA, constitute the entire agreement between the parties regarding the Services.

Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated to you, and continued use of Services after such changes constitutes acceptance.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

Waiver: No waiver of any provision shall be effective unless in writing and signed by the waiving party.

Force Majeure: Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including natural disasters, pandemics, or government actions.

Contact Us

If you have questions about these Terms of Service, please contact us:

Encore Billing Group

Email: legal@encorebillinggroup.com

Phone: [Your Contact Number]

Address: [Your Business Address]