FIX YOUR CREDIT CONSULTING TERMS AND CONDITIONS OF SERVICE
This Client Term Agreement (“Agreement”) is made and effective today by and Between Fix Your Credit Consulting (“Company”) and (“Client”). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
As used herein, the following terms shall have the meanings set forth below:
- Terms and Conditions
Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Services
- Conflict of Interest
The specific services, guarantees, payment terms, and total cost are set forth in the client disclosure statement incorporated herein for all purposes.
Indemnification by Client. Client shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of negligence or malfeasant acts of Client. Indemnification by Company. Company shall indemnify and hold Client free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of failure of Company to provide reasonable credit score increase within the allotted term.
- Term and Termination
- Term. This Agreement shall continue as outlined in “Exhibit A” unless terminated by company as provided herein. Thereafter, this Agreement shall continue until terminated by conditions provided within this agreement.
- Termination for Cause. If either party defaults in the performance of any material obligation in this Agreement, then the non-defaulting party may give written notice to the defaulting party and if the default is not cured within thirty (30) days following such notice, the Agreement will be terminated.
- Limitation on Liability
In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation or reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Company.
Client acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company’s business plans, clients, technology, and products that are confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company. Company shall advise Client whether or not it considers any particular information or materials to be confidential.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed according to the laws of the State of California.
- Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.
Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage prepaid, e-mail, fax, return receipt requested or by recognized overnight delivery service: If to Company; At its principal place of business or if to Client, at the aforementioned address.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
- Legal Expenses
The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
- Client Obligations & Agreement.
- Client agrees to assist Company in obtaining initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and Transunion) and understands that Company cannot proceed with credit bureaus until credit reports are received.
- Client agrees to maintain on time monthly payments of their current credit obligations (i.e. – car loan, utility bills, mortgage payments, credit cards, etc.). Failure to maintain those payments will result in severe damage to the progress and improvements made by Fix Your Credit Consulting and will forfeit any guarantees. Also the addition of any new negative item to the credit file shall void any and all guarantees.
- Client agrees to contact the credit support department on any questions regarding their credit INCLUDING credit inquiries or questions regarding applying for consumer credit.
- If Client was referred to Fix Your Credit Consulting by a referral partner client hereby expressly consents to share data concerning the progress of the credit restoration process with that referral partner.
- Client agrees to payment terms and conditions as chosen in Exhibit C which is incorporated into this agreement.
- Client also agrees to forward all mail received regarding their credit file to Fix Your Credit Consulting as soon as they receive items from any of the three credit bureaus, Equifax (CSC Credit services for TX residents), Experian, and Transunion.
- Client understands a majority of communication will be done via email and to check emails daily while enrolled with Fix Your Credit Consulting.
- Client understands if they have collections with balances they may need to be settled and will put money aside for debt settlement portion of services.
- You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract.
To: Fix Your Credit Consulting
4741 Laurel Canyon Blvd. Suite 205, Studio City, CA 91607
Fix Your Credit Consulting will:
Fix Your Credit Consulting shall, upon initiation of agreement, provide prompt assistance to client in obtaining credit records for the client from all three credit reporting agencies Equifax (CSC for Texas Residents), Experian, and Transunion.
Fix Your Credit Consulting shall also, within the course of 3 to 7 business days of receipt of agreement, set up clients with their online private client site which will allow them to check progress throughout their maintenance agreement.
Also within 10 business days of enrollment into Fix Your Credit Consulting credit restoration service the client shall be contacted by Fix Your Credit Consulting in order to go over processes during the term of service with Fix Your Credit Consulting credit restoration service.
Fix Your Credit Consulting shall notify client by e-mail within 7 business days from initiation that their account information is ready for client review and comment.
Fix Your Credit Consulting shall prepare challenges for items appearing on the customer’s credit reports to validate accounts are not inaccurate, incomplete, obsolete, or unverified as per the Fair Credit Reporting Act.
Fix Your Credit Consulting will submit transmittals of challenges, within 3 to 7 business days but not to exceed 10 business days, of receipt of credit information and executed disclosure and agreement from customer.
Each consecutive month of service Fix Your Credit Consulting shall prepare all follow-up challenges as they see fit, as per the Fair Credit Reporting Act and Fair Debt Collection Practices Act.
Follow-up services will be fully performed by Fix Your Credit Consulting every 30 days not to exceed every 40 days.
Fix Your Credit Consulting shall also provide a client services staff for assistance in answering questions regarding client’s accounts from Monday through Friday, 10am-6pm.
Fix Your Credit Consulting agrees only to challenge items under the above acts and as legally available.
Company guarantee and refund policy shall be understood as the following: If Fix Your Credit Consulting fails to provide the agreed-upon services to you for any given month, client will not be billed for that month, or will be refunded payment for that month if clients payment has already been processed.
Fix Your Credit Consulting makes no other guarantees aside from the guarantees expressly written within this disclosure. No oral agreement or other agreement shall override this agreement unless received in writing from an authorized Fix Your Credit Consulting officer.
File Setup Fee & Monthly Fee As stated in the agreement, a specified file setup fee is charged on all new contracts. All services have associated charges and costs, costs of said services are only charged and considered earned after the services have been completed. At no time will Fix Your Credit Consulting charge any fees for work that has not already been completed.
The following items are part of but not considered to be a complete list of the items included as part of the file setup fee:
- Create a unique, secure interactive client web portal for online access.
- Create a secure online environment as part of the client web portal for secure document sharing and transfer.
- Assist client in obtaining copy of credit report if needed.
- Enter Data from clients credit report into internal database.
- Enter Data from Clients credit report into secure interactive client web portal.
- Enter client’s information into secure web portal for tracking purposes.
- Standard setup Procedure includes: Processing of Company Specific Documents and/or files
The Following items are examples of the actions, and or products that define our monthly services, Our Monthly fees are only collected upon completion of one or more items as indicated below which would define our “Services”.
- Analysis and review of client file status.
- Update client secure interactive web portal monthly with most recent updates and or notes.
- Receiving and processing manual updates.
- Respond to, Receive and or initiating correspondence via telephone, email, facsimile, Physical Mail ie: USPS, FEDEX, UPS etc.
- Review client’s credit report updates to determine next step.
- Create strategic plan to assist clients in meeting their goals.
- Create Dispute letters to be sent to Experian, Equifax and Transunion.
- Assist with credit questions.
Provide access to monthly score and report updates via Identity IQ , Identity Club or other credit monitoring services (customer responsible for monthly maintenance fee of credit monitoring services).
Notice of right to cancel: You may cancel this contract, without penalty or obligation, within Three (3) days after the date of your enrollment.
EXHIBIT B SEC. 405. DISCLOSURES
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, 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
(b) Separate Statement Requirement. – The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.
(c) Retention of Compliance Records.–
(1) In general.–The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement.
(2) Maintenance for 2 years.–The copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.