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These Terms and Conditions (“Terms”) govern access to and use of NexaEnroll websites, portals, Ready-to-Enroll requests, allocations, software, records, and related services. These Terms are between the person or organization accepting an Order Form or using the services (“Client”) and the NexaEnroll contracting entity identified on the applicable Order Form or invoice (“NexaEnroll”). If an Order Form conflicts with these Terms, the Order Form controls for that order.
NexaEnroll services are offered only to insurance professionals and organizations that are appropriately licensed, certified, appointed, and authorized for the markets and activities they undertake. Client must keep its legal name, National Producer Number, licenses, certifications, carrier appointments, authorized users, states, and product footprint accurate and current.
Ready-to-Enroll means a consumer-submitted digital Medicare enrollment request containing the information and documentation available from the applicable campaign and intended to support licensed-agent follow-up, final review, and enrollment completion. Ready-to-Enroll does not mean that the consumer is already enrolled or guarantee consumer eligibility, plan availability, suitability, enrollment completion, policy issuance, retention, compensation, or any financial result.
A request is delivered when it is made available in the Client portal, transmitted through an approved integration, or otherwise provided to Client. Each delivered request is assigned to one authorized partner within the NexaEnroll network for the applicable delivery. NexaEnroll does not guarantee that the consumer has never contacted or been contacted by a person or source outside the NexaEnroll network.
NO RESALE Client may not sell, transfer, sublicense, redistribute, or disclose a delivered request to any person or organization not expressly authorized by the consumer and NexaEnroll.
NexaEnroll maintains administrative, technical, and organizational safeguards designed to protect consumer and client information and applies privacy and security requirements according to the Company’s role, applicable law, and controlling contractual obligations.
Each delivered request includes a downloadable PDF audit record. Client is responsible for downloading and securely retaining its records in accordance with applicable carrier, plan, FMO, legal, and regulatory requirements. Hosted portal access and routine retrieval services are included only while Client’s account remains active and in good standing. Account suspension or termination does not limit NexaEnroll’s right or obligation to retain records required by applicable law, contract, audit, investigation, or legal hold. NexaEnroll is not Client’s exclusive record repository.
NexaEnroll shares consumer information only with authorized recipients and service providers as permitted by the applicable consumer permission, campaign structure, contractual requirements, and law. Where required, the consumer-facing disclosure identifies each recipient entity and records the consumer’s choice for that recipient. Client may use delivered consumer information only for the authorized insurance purpose for which it was provided.
CLIENT IDENTITY Client must provide the accurate legal name and contact identity that will be disclosed to the consumer. Client may not substitute, add, or forward a request to another recipient unless the consumer has separately authorized that recipient and NexaEnroll has approved the transfer in writing.
NexaEnroll uses consent-based digital acquisition and documentation processes designed to support applicable Medicare marketing, consumer permission, privacy, and audit requirements. Requirements vary by campaign, plan relationship, market, and regulatory role. NexaEnroll does not warrant that Client’s independent marketing, sales, recommendations, communications, or enrollment conduct will be compliant.
CLIENT CONDUCT Client must honor all contact restrictions and revocations, use accurate caller identification, make only permitted contacts, deliver required disclosures, follow applicable calling hours and do-not-call rules, and respond promptly to complaints, audits, and plan or carrier requests
OPERATIONAL ALIGNMENT NexaEnroll may use available consumer information and Client configuration to align a request with a licensed partner based on factors such as state, market, authorization, product footprint, eligibility indicators, and available plan-fit information. This operational alignment is not a plan recommendation and does not replace Client’s independent duties.
CLIENT RESPONSIBILITY Client is solely responsible for confirming current eligibility, service area, plan availability, provider network, pharmacy network, formulary coverage, prescription costs, premiums, benefits, compensation status, suitability, required disclosures, and all enrollment requirements before making a recommendation or submitting enrollment.
CONSUMER-FIRST PLAN REVIEW Client must not treat compensation, commissionability, carrier preference, or NexaEnroll delivery as a substitute for an objective review of the consumer’s needs and the options the Client is required to discuss. A request that cannot be served within Client’s lawful and authorized footprint may be withheld, rerouted before delivery, or classified as unavailable; that operational decision must not be represented to the consumer as proof that no other plan exists.
CONFIGURATION EFFECT Client restrictions on states, products, carriers, appointment status, availability, or delivery timing may reduce eligible volume, delay delivery, increase acquisition cost, or make an allocation unavailable. Such effects do not constitute campaign failure or grounds for refund.
NexaEnroll’s Ready-to-Enroll product is a digital consumer enrollment request. It is not a call, live transfer, appointment, completed enrollment, issued policy, or guaranteed sale. Client is responsible for all follow-up, licensed-agent interaction, final plan review, enrollment completion, and post-enrollment service.
NexaEnroll does not conduct qualification calls or live transfers as part of Ready-to-Enroll request generation.
CLIENT CALLS If Client conducts a Medicare marketing or sales call after delivery, Client is solely responsible for obtaining any required permission, conveying required disclosures, recording the call in its entirety, and retaining it in the required format and for the required period. When 42 C.F.R. 422.2274(g)(2)(ii) or 423.2274(g)(2)(ii) applies, the minimum retention period is six years: audio for years one through three and either audio or a complete and accurate transcript for years four through six.
ENROLLMENT RECORDS The six-year call-recording rule does not replace any separate ten-year enrollment-record, contract, carrier, audit, or first-tier, downstream, or related-entity retention requirement that applies to Client or NexaEnroll.
Availability, pricing, and delivery may differ by product type, state, carrier relationship, and applicable referral or administrative-payment limit. NexaEnroll may decline, separate, or reprice an allocation when required for legal, carrier, or contractual compliance. An operational product restriction is not a consumer plan recommendation
All consumer journeys, forms, field structures, logic, scoring, matching methods, routing systems, interfaces, workflows, advertising assets, copy, documentation formats, software, integrations, data models, and related materials are proprietary to NexaEnroll or its licensors. Client receives only the limited right to use delivered requests for authorized insurance activity.
RESTRICTED CONDUCT Client may not copy, scrape, record for replication, disclose, publish, sublicense, resell, reverse engineer, benchmark for competitive development, create derivative workflows from, or provide any NexaEnroll process or material to a competitor, developer, lead vendor, marketer, or unauthorized third party.
Quotes, projections, appointment discussions, and requested allocations do not reserve inventory or delivery capacity. Capacity is reserved only after NexaEnroll receives cleared funds and confirms the applicable order. State availability, delivery pace, consumer response, acquisition conditions, and market volume may change. Estimated delivery schedules are not guarantees unless expressly stated in a signed order form.
ORDERS AND PAYMENT Pricing, minimum volume, delivery window, payment schedule, and any deposit appear in the applicable Order Form. Client authorizes NexaEnroll and its payment processor to charge only amounts approved in the Order Form or a later written authorization. Payment-card data is handled by the applicable payment processor under its own security and privacy obligations.
REFUNDS AND CREDITS Reserved acquisition capacity, media spend, and delivered digital requests are non-refundable except as expressly stated in the Order Form or required by law. Any replacement or credit standard, supporting evidence, and claim deadline must be stated in the Order Form. A verified duplicate within the NexaEnroll network, if covered by the Order Form, is handled only under that written replacement or credit standard.
BILLING DISPUTES Client must send a good-faith billing dispute to support@nexaenroll.com with the invoice number and supporting detail. NexaEnroll will investigate promptly. Nothing in these Terms creates an automatic dispute penalty, characterizes a good-faith dispute as fraud, or waives a right that cannot lawfully be waived
Any conversion rate, enrollment outcome, case study, testimonial, projection, or historical result is provided for informational purposes only and is not a guarantee. Client results depend on factors outside NexaEnroll’s control, including state, consumer eligibility, plan availability, agent availability, response time, carrier footprint, follow-up, sales conduct, suitability, enrollment processing, retention, and market conditions.
LIMITED WARRANTY NexaEnroll will provide the services substantially as described in the applicable Order Form. Except for that express commitment and to the maximum extent permitted by law, the services and delivered requests are provided as available without implied warranties of merchantability, fitness for a particular purpose, non- infringement, enrollment, retention, or uninterrupted availability.
THIRD-PARTY SERVICES NexaEnroll is not responsible for an outage, error, delay, or inaccurate result caused by a carrier, plan, government source, advertising platform, telecommunications provider, verification service, payment processor, integration, or other third party outside NexaEnroll’s reasonable control.
EXCLUDED DAMAGES To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost opportunity, or loss of goodwill, arising from the services, even if advised that such damages were possible.
LIABILITY CAP To the maximum extent permitted by law, NexaEnroll’s aggregate liability arising from an order will not exceed the fees Client paid to NexaEnroll for the affected order during the three months preceding the event giving rise to the claim. This limitation does not apply where liability cannot lawfully be limited.
Client controls its licensed-agent conduct, recommendations, communications, enrollment submissions, recordkeeping, and post-enrollment service. Client will defend, indemnify, and hold harmless NexaEnroll and its affiliates, personnel, and providers from third-party claims, penalties, losses, and reasonable costs arising from Client’s unauthorized contact, unlawful data use, inaccurate representation, plan recommendation, enrollment conduct, breach of these Terms, or violation of law, except to the extent caused by NexaEnroll’s own willful misconduct.
SUSPENSION NexaEnroll may suspend access or delivery immediately when reasonably necessary to protect a consumer, investigate suspected misuse, address a payment default, preserve security, respond to a carrier or regulator, or prevent unlawful or unauthorized activity.
TERMINATION Either party may terminate as stated in the Order Form. Termination does not eliminate payment obligations already incurred or provisions that by their nature survive, including data-use restrictions, record retention, confidentiality, proprietary rights, disclaimers, indemnity, limitations of liability, and dispute terms.
These Terms are governed by Delaware law, without regard to conflict-of-law rules, except where another law must apply.
FORUM Unless the applicable Order Form contains a signed arbitration clause, each party consents to exclusive jurisdiction and venue in the state and federal courts located in Delaware. Before filing a claim, the parties will attempt in good faith for 30 days to resolve the dispute through written notice and direct business discussion.
UPDATES NexaEnroll may update these Terms prospectively by posting a revised effective date and, for material changes affecting an active paid service, providing reasonable notice through the portal or Client’s account email. A change does not retroactively alter a signed Order Form.
GENERAL Client may not assign an order without NexaEnroll’s written consent. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. A waiver must be in writing. These Terms and the applicable Order Form are the complete agreement regarding the services they cover.
CONTACT Questions about these Terms or a billing dispute: support@nexaenroll.com
