TERMS OF SERVICE AGREEMENT
This Agreement is a legally binding contract between CREDIT JACK, a Florida Corporation (hereafter referred to as “Servicer”) and_____________________________________________ (hereafter referred to as “Client”). The parties hereto agree as follows:
This Agreement is exclusively for credit repair consulting services from Servicer to Client. Servicer will review Client’s credit report and consult with Client best options for removal of erroneous, unsubstantiated or misleading information which Client claims to appear on the credit report(s) furnished to Servicer. Servicer does not offer debt consolidation or debt settlement services.
1. Both parties warrant that they have full power and authority to enter into this Agreement.
2. Client represents that disputed items in credit report(s), to the best of Client’s knowledge, are inaccurate, incomplete, unverifiable or misleading. The Client understands that Servicer cannot guarantee the removal of items which are factually accurate, and no refunds will be given for failure to remove such items. Client warrants and represents that all information, documents, written and oral statements provided to Servicer are, to the best of Client’s knowledge, true, complete, not misleading and are the sole responsibility of the Client. Servicer does not have an obligation to independently verify the accuracy, completeness or veracity of Client’s information.
3. Servicer is not licensed to practice law in any jurisdiction and does not offer legal advice. Any advice given is based on Servicer’s subjective experiences and offered for general educational purposes only.
4. Client authorizes Servicer to use Client’s personal information in order to remove negative content from the Client’s credit report(s). To achieve that result, Client authorizes Servicer to contact third parties, such as creditors and credit reporting agencies. While Servicer will use its best efforts to safeguard the Client’s interests, the Client understands that the Servicer is not affiliated with these third parties, and such contact may generate unpredictable and sometimes negative reactions. Since the Servicer has no control over third party conduct, Servicer disclaims all liability arising out of the Servicer’s contact with third parties in order to carry out the purposes of this Agreement. Servicer is not liable for any legal actions taken by creditors or other parties against the Client during or after the term of this Agreement.
3. Duties to Disclose and Communicate
Timely communication, full and accurate disclosure are material terms of this Agreement. Parties agree to disclose and regularly inform each other of all activities and developments pertaining to the subject matter of this agreement. Client agrees to disclose and relay to Servicer all correspondence, messages, oral communication, credit reports and other relevant information to Servicer within 5 (five) business days of receipt, discovery or Servicer’s request. Violation of this provision shall constitute a material breach of this agreement.
4. Confidentiality and Liquidated Damages
All communications, verbal, written, or otherwise, between the Servicer and the Client shall be deemed confidential. The Client shall not, during the term of this agreement or after the termination of this agreement, disclose any communications between the Servicer and the Client to any third party, except with the prior written consent of the Servicer. Furthermore, the parties agree to refrain from making any disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as disparaging, slanderous, or defamatory, that may potentially result in harm to the Servicer’s financial condition and/or reputation among the public at large. This provision shall remain in effect even after the termination of this Agreement. Violation of this provision shall constitute a material breach of this agreement.
5. Relationship between Parties
The relationship between Client and Servicer is intended to be, and is to be construed as, that of independent contracting parties only and not that of employment, partnership, joint venture, agency or any other association whatsoever. Neither party will have the power to bind the other party or to incur any obligations on its behalf, without the other party’s prior consent.
6. Term and Termination
1. The term of this agreement shall be 2 (two) months.
2. Parties shall have the right to terminate this Agreement prior to midnight of the 5th business day, after the date the contract was signed, with or without cause.
3. Termination becomes effective upon the receipt of a written notice by the party or, when such receipt cannot be ascertained, within 30 (thirty) days of sending the notice to the last known address or email address of the party.
Client agrees to defend, indemnify and hold harmless Servicer, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from or relating to (i) Servicer’s services under this Agreement, (ii) Client’s violation of this Agreement, (iii) Client’s fraudulent or malicious use of Servicer’s services, (iv) Client’s
misrepresentations, false claims regarding identity theft to the Servicer or any third party, (v) Client’s violation of applicable laws, rules or regulations, (vi) Servicer’s use or interpretation of any information provided by Client; or (vii) Servicer’s disclosure of Client’s relationship with the Servicer.
TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES. SERVICER IS NOT LIABLE FOR ANY MONETARY DAMAGE, REPUTATIONAL DAMAGE, BODILY INJURY OR DEATH ARISING OUT OF OR RELATED TO THE SERVICES UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL THE SERVICER BE LIABLE FOR ANY AMOUNTS EXCEEDING THE COLLECTED SERVICE CHARGE.
9. Limitation of Liability
IN NO EVENT SHALL SERVICER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND LOST PROFITS) RESULTING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE SERVICER HAS BEEN ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES
10. Material breach
Client acknowledges and expressly agrees that any of the following events, without limitation, shall be deemed to be a material breach of this Agreement, for which Servicer shall have the right to terminate this Agreement, discontinue the services immediately, accelerate and demand all payments immediately due:
1. Client’s account balance is over 30 days past due;
2. Client’s check has been returned or ACH declined due to insufficient funds more than two (2) times;
3. Client misrepresents or fails to fully disclose all relevant information;
4. Client breaches the duty to communicate;
5. Client breaches the duty of confidentiality;
6. Client fails to notify servicer within 5 (five) days of any change in Client’s mailing address, telephone number, email address, any changes in Client’s marital status, employment, or the ability to pay creditors; and any developments that are likely to have an effect upon the correction of the Client’s credit report(s);
7. Client incurs additional indebtedness without Servicer’s written consent
8. Client fails to respond to any request by Servicer to complete, execute and return documents or forms within 5 (five) business days;
9. Client breaches terms of any credit correction procedure that is being managed, monitored or implemented under the Agreement.
11. Accounts Past Due
In the event Client’s account contains sums over 30 days past due, Servicer may, without notice or demand, cancel any previous financing arrangements and discounts, impose a 10% penalty and a 33% collection fee and declare the entire sum immediately due and payable. Any accounts with balances over 30 days past due will automatically be declared delinquent and transferred to collection agencies.
12. No Refunds
Once work has begun on the Client’s file, all monies are fully earned and non-refundable. We do not guarantee or promise any outcome or results. Each client’s results and corresponding increases in credit scores are different and we cannot provide estimates or guarantees due to the uniqueness of their credit profile and history.
This Agreement may not be assigned by either party without the prior written consent of the other, except that a merger, consolidation, or sale of substantially all of the assets of a party shall not be considered an assignment and shall not require the other party’s consent.
14. Governing Law and Jurisdiction
1. This Agreement and any dispute or claim arising out of or related to it or its subject matter shall be governed by and construed in accordance with the laws of the State of Florida.
2. Enforcement of this Agreement is in our discretion, and failure to enforce the Agreement in some instances does not constitute a waiver of our right to enforce it in other instances.
Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
16. Arbitration and Waiver of Jury Trial
Any dispute, controversy or claim related to this Agreement shall, upon the request of any party involved, be submitted to and settled by binding arbitration in the City of Wilmington, Florida pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The expenses of the arbitration shall be borne by the party bringing the claim. Client understands that THIS CLAUSE MEANS THE CLIENT WAIVES THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17. Force Majeure
Servicer, its shareholders, directors, officers, agents, representatives and employees, will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, act of terrorism, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of the Servicer.
18. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein. All prior and contemporaneous agreements, discussions or understandings, whether oral or written, are expressly superseded by this Agreement.
Client acknowledges reading and understanding this Agreement and by signing below consents and agrees to be legally bound by it.
___________________________________ ___________________________________ Client – Signature Date
You may cancel this contract without penalty or obligation at any time before midnight of the 5th business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right.
Consumer Credit File Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ”credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days.
The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
The Public Reference Branch Federal Trade Commission Washington, D.C. 20580′.
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed.
If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:
925B Peachtree St NW
Atlanta, GA 30309
not later than midnight _____________________(Date).
I hereby cancel this transaction _________________________(Date) .
_________________________________________(Client signature) .