Results-First

Service Agreement

 THIS CLIENT SERVICE AGREEMENT (the “Agreement“) is entered into as of [Today’s Date] (the “Effective Date“) by and between The Credit Brains, LLC with a mailing address of 30 N Gould St, Ste. R, Sheridan, WY 82801, and Sample Client (hereinafter the “Client“), located at 1234 S. Main St, Atlanta, GA 30363 (collectively referred to herein as the “Parties,” and individually as a “Party“).

RECITALS

WHEREAS, The Credit Brains, LLC is a financial service firm that specializes in credit restoration services for clients who have determined that they have unauthorized credit accounts and/or errors on their credit reports; and

WHEREAS, Client hereby desires to engage the services of The Credit Brains, LLC and wishes to enter into an agreement under which The Credit Brains, LLC will provide certain credit-related services to the Client in accordance with the terms herein and The Credit Brains, LLC agrees to provide the services as outlined herein to the Client; and

WHEREAS, Client understands that they have the right to dispute inaccurate information in their credit report by contacting the credit bureau directly, but the Client is retaining The Credit Brains, LLC to perform the credit repair services listed herein. The Client understands that no credit repair company, including The Credit Brains, LLC, can have accurate, current, and verifiable information removed from the Client’s credit report.

NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged and incorporated by reference, the parties to this Agreement hereby agree as follows:

TERMS OF THE AGREEMENT

  1. CREDIT REPAIR SERVICES DESCRIPTION: The Credit Brains, LLC shall help in the evaluation of the Client’s current credit reports with applicable credit reporting agencies and identify inaccurate, erroneous, false, and/or obsolete information on such accounts. The Credit Brains, LLC shall advise the Client on the necessary steps to be taken in conjunction with The Credit Brains, LLC to dispute any inaccurate, erroneous, false, and/or obsolete information contained in the Client’s credit reports. The Credit Brains, LLC, in conjunction with the assistance of the Client, will aim to remove negative accounts, collections, public records, and inquiries that they believe are inaccurate or unauthorized from the Client’s credit reports and to decrease the collective number of negative issues affecting the Client’s credit scores.

THE CLIENT HEREBY AGREES, ACCEPTS, AND ACKNOWLEDGES THAT THE SERVICES PROVIDED BY THE CREDIT BRAINS, LLC are THE ONLY SERVICES THE CREDIT BRAINS, LLC HAS AGREED TO PROVIDE UNDER THIS AGREEMENT AND THAT THERE HAVE BEEN NO PROMISES OR GUARANTEES OF ANY FUTURE SERVICES OR ANY OTHER KIND OF SERVICES NOT SPECIFIED HEREIN. THE SERVICES TO BE PROVIDED BY THE CREDIT BRAINS, LLC TO THE CLIENT ARE DOCUMENT PRODUCTION SERVICES (PRODUCTION OF DOCUMENTS FOR  CREDIT DISPUTE CHALLENGES FOR EACH DISPUTED ENTRY) AND ALL FEES PAID BY THE CLIENT TO The Credit Brains, LLC FEES INCURRED AS A RESULT OF THE CREDIT BRAINS, LLCPROVIDING SUCH DOCUMENT PRODUCTION SERVICES. FURTHER, THE CLIENT AGREES, ACCEPTS, AND ACKNOWLEDGES THAT THESE ARE THE ONLY SERVICES THE CLIENT IS PAYING FOR AND THE ONLY SERVICES CLIENT ANTICIPATES, BELIEVES, OR EXPECTS THE CREDIT BRAINS, LLC TO PERFORM UNDER THIS AGREEMENT.

  1. INDEPENDENT CONTRACTOR STATUSThis Agreement shall serve as the guiding regulation for the relationship of the Parties hereto, which shall be that of an independent contractor. Therefore, nothing herein in this Agreement shall be assumed to create an employer-employee relationship between The Credit Brains, LLC and the Client. The Credit Brains, LLC shall assume an independent contractor status in relation to the Client. No agency relationship, partnership, or joint venture shall be created by virtue of this Agreement, and The Credit Brains, LLC shall have limited authority, express or implied, to enter into contracts with third parties or make representations on behalf of the Client without the Client’s consent.
  2. SERVICES AND PRICING:

3.1 Trial Period & Credit Audit: The Credit Brains, LLC shall connect You with a One U.S. Dollar ($1.00)  trial seven (7) days membership of credit monitoring service provided by IdentityIQ.

3.2 Negative Account Summary: The above-referenced Credit Audit Report will include an easy-to-read Negative Account Summary, highlighting the negative issues damaging your credit score.

3.3 Consultation Call: During this Consultation Call, your questions will be answered by a Credit Brains LLC representative, and You will alert The Credit Brains LLC representative to any accounts on your Negative Account Summary that should be excluded from the dispute process.

3.4 Representation: Based on your Negative Account Summary, The Credit Brains, LLC and You have agreed to the following consultancy and document preparation terms. The Credit Brains, LLC agrees to act on your behalf, preparing and sending high-quality attorney-drafted dispute letters to the credit bureaus to challenge the requested items.

3.5 Results-First Membership: Client agrees to pay The Credit Brains, LLC a one-time enrollment fee of Ninety-Nine U.S. Dollars ($99.00) (the “Enrollment Fee“) due on [Today’s Date]. The Enrollment Fee shall be applied to deletions of negative accounts on the Client’s credit reports.

The per-deletion rate is dependent upon the number of negative accounts and/or negative account types on the Client’s credit report. Your initial Pay-Per-Deletion Rates for the Negative Accounts outlined in your credit audit reports are $______________, and $25.00 for Inquiry Deletions. Additionally, deletion rates will receive the following discounts as we progress through our processes:

Paid After Deletion Rates

  • $99 Per Deletion – Minimum of 10 Accounts
  • $75 Per Deletion – 11-20
  • $50 Per Deletion – 21+
  • Rates are Per Account, Per Bureau

Installment Deletion Rates

  • $125 Per Deletion – Minimum of 10 Accounts
  • $99 Per Deletion – 11-25
  • $50 Per Deletion – 26+
  • Rates are Per Account, Per Bureau

Payment for deleted accounts shall be payable within 7 days of confirmation. Enrollment starts you out on the ‘Paid After Deletion Rates’ but automatically converts to installment rates if deletions are not repaid in full within 7 days.

You shall pay The Credit Brains, LLC for the services when it falls due. The Credit Brains, LLC may suspend the services or use collection action for non-payment or late payment. There shall be no refunds for services already performed.

3.6 The Work and Work Payment: Once you’ve agreed to the above-referenced pricing structure, The Credit Brains, LLC will begin repairing your credit by challenging the bureaus to verify or delete the previously identified entries in your credit reports.

As a precondition to the commencement of the work and specifically on the unauthorized account declaration, you agree that (select one)

☐  You opened the disputed, negative accounts, and the debt is your responsibility.                

 The disputed accounts were unauthorized, and you would like The Credit Brains, LLC to utilize all available Fair Credit Reporting Act (FCRA) credit repair laws.

☐  Both

3.7 Credit Monitoring Guarantee: You shall keep the IdentityIQ account open/active to allow The Credit Brains, LLC to verify the effectiveness of the previous dispute round. In the event that the account is canceled or the password gets changed before The Credit Brains, LLC can reconcile their efforts, The Credit Brains, LLC shall assume that they were successful and therefore have deleted at least the 10 account minimum and are due $999; if you disagree, restoring access within (3) days of notification will resolve the issue.

3.8  Enrollment Fee: If The Credit Brains, LLC does not successfully have the credit bureaus delete an inaccurate item from your credit reports within the first (40) days, you will be entitled to a 100% Enrollment Refund, Plus an Additional $99 on us!

3.9 Monthly Payment Cap: The Credit Brains, LLC agrees to a monthly billing cap of $_____________, which is the maximum that can be charged, notwithstanding the success of the deletion round.

3.10 You agree that by signing this Agreement, you are providing The Credit Brains, LLC with “written instructions” in accordance with the Fair Credit Reporting Act to periodically obtain your credit reports from any consumer report agency and to use such credit reports to provide you with the services agreed herein.

3.11 In the event that you made use of IdentityIQ’s seven (7) days promo trial and did not cancel your services, you will be charged service fees in accordance with the price quote provided to you by IdentityIQ.

3.12 You authorize IdentityIQ to be your official payment-processing agent to bill Charges to your credit or debit card, or by paying using other payment methods approved by you. You agree to keep your payment information current during the duration of this Agreement. In the event that we are unable to access your IdentityIQ account, we may suspend or terminate your access to our service.

3.13 Depending on your price quote, You may be billed once per month, and your services will be renewed each month unless you cancel services. If your bill day is unavailable on a particular month, you will be billed on the last day of that month.

3.14 Kindly note that our service fees are subject to change from time to time. The Credit Brains provides advance notice to you before any fee increase, and you have the right to cancel services if you do not agree to such a price increase.

3.15 Debt Collection: Suppose you fail to pay a submitted invoice hereunder in a timely manner in accordance with the payment terms of The Credit Brains. In that case, The Credit Brains, LLC may immediately stop any and all services and submit your debt to a debt collection agency, and if The Credit Brains, LLC does so, you must pay any costs that The Credit Brains, LLC incurs in connection with the recovery of the unpaid debt (including the agency’s fees and any legal fees).

  1. TERM & TERMINATION:

4.1 Term: This Agreement shall commence, continue, and remain in effect as agreed herein unless terminated by either Party herein this Agreement or subject to other conditions provided herein this Agreement.

4.2 You have the right to cancel this Agreement at any time during your trial period (if applicable) without any obligation or penalty.

4.3 The Credit Brains, LLC may cancel this Agreement and terminate services at any time and for any reason. We reserve the right to cancel services and terminate this Agreement immediately and without prior notice to you if we suspect that you have breached any term of this Agreement.

4.4 Termination for Cause: The Client may cancel or rescind this Agreement for reasons best known to the Client by delivering notice to this effect to The Credit Brains, LLC within three (3) working days from the date this Agreement is signed between the Client and The Credit Brains, LLC. The Client shall be required to notify The Credit Brains, LLC of such cancellation request in writing.

4.5 The Credit Brains, LLC will begin the performance of the Services only after three (3) days have passed from the date Client has signed this Agreement. Further, the Client can, as set forth below, cancel this Agreement during this three (3) day period without any obligation to pay anything hereunder (see Notice of Cancellation page in the website footer).

  1. CONFIDENTIALITYThe Credit Brains, LLC and the Client hereby acknowledge and agree that any and all information relating to the other Party’s business, which is not generally known to the public or tagged to be confidential by the other Party is and shall remain confidential and proprietary information. Neither The Credit Brains, LLC nor the Client shall be obliged to disclose the Confidential Information to any unauthorized third party without the prior written consent of the other Party in this Agreement. The details of this Agreement and the services to be provided, the relationship, or operating practices shall not be made public on any website, Internet forum, social networking site, message board, or any other public media without the express written consent of both Parties.
  2. WARRANTY DISCLAIMERThe Credit Brains, LLC only agrees to perform the services described herein in this Agreement. Results disclosed in testimonies from previous Clients of The Credit Brains, LLC are not necessarily the results of the average Client. The Client recognizes and understands that every Client’s circumstances are different and that The Credit Brains, LLC does not represent or warrant that it will achieve specific results for the Client. The Credit Brains, LLC does not represent or guarantee that the Client will receive new credit or loans, credit cards, or mortgages as a result of The Credit Brains, LLC’s services.
  3. LIMITATION ON LIABILITYTo the maximum extent permitted by law and in accordance with the provision of this Agreement, neither Party shall be liable to the other because of the termination of this Agreement within the first three (3) days after the execution of this Agreement. The Credit Brains, LLC shall not be liable to Client for any incidental or consequential damages or any amount that exceeds the total fees paid by Client to The Credit Brains, LLC_NA under this Agreement. The Credit Brains, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control.
  4. INDEMNIFICATIONThe Client agrees to defend, indemnify and hold The Credit Brains, LLC and its members, managers, employees, and agents harmless from and against any and all claims, demands, actions, liabilities, costs, or damages arising out of The Credit Brains, LLC provision of services to Client under this Agreement or Client’s breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of The Credit Brains, LLC gross negligence or willful misconduct. The Client further agrees to pay The Credit Brains, LLC reasonable attorneys’ fees and costs arising from any actions or claims eligible for indemnification under this Agreement.

8.1 Client acknowledges and attests that the information provided to The Credit Brains, LLC is true and correct to the best of the Client’s knowledge and belief. However, any material misstatements of fact made by Client to The Credit Brains, LLC will, at The Credit Brains, LLC’s option, relieve The Credit Brains, LLC of any further obligation to perform under this Agreement.

  1. GOVERNING LAW, ARBITRATION & JURISDICTION:

9.1 This Agreement shall be governed by and construed in accordance with all applicable State laws of the State of Wyoming and Federal laws of the United States of America, without regard to principles of conflicts of law. Each Party hereby irrevocably submits to the jurisdiction and venue of the applicable State’s federal and/or state courts for the purpose of any legal or equitable action arising from this Agreement.

9.2 Each Party agrees that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in the applicable State in accordance with the rules of The American Arbitration Association (“AAA“). In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the State of Wyoming, the County of Fulton. A single arbitrator shall conduct the arbitration, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, punitive award damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law and the State of Wyoming law. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to, the following: contract claims, tort claims, claims based on federal and State law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

 9.3 In the event that the Client fails or refuses to pay amounts properly due and owing, Credit Brains may elect to proceed by way of collective action within the courts of proper jurisdiction, without the use of any arbitration. Further, should any court of competent jurisdiction determine that this arbitration clause is not enforceable, then the remainder of the terms and restrictions contained therein shall apply to said litigation. Under such circumstances and in the event of any such litigation, no jury trial shall be allowed to any Party.

  1. NOTICESAll notices and other communications hereunder shall be given in writing to the addresses provided in the first paragraph of this Agreement and shall be deemed to be duly given and effective: (i) upon receipt if delivered by electronic mail or facsimile, (ii) three (3) days after deposit in the United States mail, and (iii) one day after deposit with a national overnight express delivery service. Either Party may change the other Party’s contact information upon written notice.
  2. MISCELLANEOUS PROVISIONS. If any provision of this Agreement is held to be inapplicable, invalid, or unenforceable by a court of contempt jurisdiction, then such provision shall be construed, as nearly as possible, to reflect the intentions of the Parties, with the other provisions remaining in full force and effect. This Agreement may be amended after being executed but only by the mutual consent of both parties herein. Any amendments to this Agreement must be in writing and signed by both Parties. The Parties herein agree to have read and have a complete understanding of this Agreement and agree to be bound by its terms and conditions, and further agree that it constitutes the complete and entire Agreement of the parties and supersedes all prior written or oral communications, and all other communications between them relating to the license and to the subject hereof.
  3. LIMITED POWER OF ATTORNEY: The Client, the undersigned, agrees by executing this Agreement to grant a limited power of attorney to The Credit Brains, LLC, and any and all persons in their employ, as the Client’s agent, to have the necessary power and authority to undertake and perform the services set forth herein this Agreement on the Client’s behalf. The Client hereby grants permission to The Credit Brains, LLC to sign the Client’s name on all documents written or submitted electronically on the Client’s behalf for the purpose of disputing inaccurate, erroneous, and obsolete credit information held on the Client’s report by the consumer credit reporting agencies. This limited power of attorney is given to The Credit Brains, LLC in compliance with section 611 of the Federal Fair Credit Reporting Act.

BY SIGNING BELOW, THE CLIENT HEREBY ENTERS INTO AND AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHER, THE CLIENT ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT IN ITS ENTIRETY AND CLIENT FULLY UNDERSTANDS THE CONTENTS OF THE AGREEMENT.

THE CLIENT MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE SIGNING OF THIS AGREEMENT. PLEASE SEE THE NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

IN WITNESS WHEREOF, the Parties hereto execute this Pay-Per-Deletion Service Agreement on the date written below.