The Credit Brains LLC
CLIENT SERVICE AGREEMENT
THIS CLIENT SERVICE AGREEMENT (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between THE CREDIT BRAINS LLC (hereinafter “Credit Brains”) with a mailing address of 30 N. Gould St. Ste R, Sheridan, WY 82801 and [CLIENT NAME] (hereinafter the “Client”), located at [CLIENT ADDRESS] (collectively referred to herein as the “Parties,” and individually as a “Party”).
WHEREAS, Credit Brains 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 personal credit reports; and
WHEREAS, the Client hereby desires to engage the services of Credit Brains and wishes to enter into an agreement under which Credit Brains will provide certain credit-related services to the Client in accordance with the terms herein and Credit Brains 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 Client is retaining Credit Brains to perform the credit repair services listed herein. Client understands that no credit repair company, including Credit Brains, 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: Credit Brains shall help in the evaluation of the Client’s current credit reports with applicable credit reporting agencies and to identify inaccurate, erroneous, false and/or obsolete information on such accounts. Credit Brains shall advise the Client as to the necessary steps to be taken on the part of Client in conjunction with Credit Brains to dispute any inaccurate, erroneous, false and/or obsolete information contained in the Client’s credit reports. Credit Brains, in conjunction with the assistance of 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.
CLIENT HEREBY AGREES, ACCEPTS AND ACKNOWLEDGES THAT THE SERVICES PROVIDED BY CREDIT BRAINS ARE THE ONLY SERVICES CREDIT BRAINS 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 CREDIT BRAINS TO CLIENT ARE DOCUMENT PRODUCTION SERVICES (PRODUCTION OF DOCUMENTS FOR FOUR (4) ROUNDS OF CREDIT DISPUTE CHALLENGES FOR EACH DISPUTED ENTRY) AND ALL FEES PAID BY CLIENT TO CREDIT BRAINS ARE FEES INCURED AS A RESULT OF CREDIT BRAINS PROVIDING SUCH DOCUMENT PRODUCTION SERVICES. ANY AND ALL GUARANTEES PROVIDED FOR HEREIN PURELY APPLY TO THE DATA PRODUCTION SERVICES OF CREDIT BRAINS AND NOT TO ANY RESULTS IN CONNECTION WITH THE SUBMISSION OF SUCH DOCUMENTS TO ANY PARTICULAR CREDIT BUREAU. FURTHER, CLIENT AGREES, ACCEPTS AND ACKNOWLEDGES THAT THESE ARE THE ONLY SERVICES CLIENT IS PAYING FOR AND THE ONLY SERVICES CLIENT ANTICIPATES, BELIEVES OR EXPECTS CREDIT BRAINS TO PERFORM UNDER THIS AGREEMENT.
2. INDEPENDENT CONTRACTOR STATUS: This 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 this Agreement shall be assumed to create an employer-employee relationship between Credit Brains and the Client. Credit Brains 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 Credit Brains 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.
3. SERVICE PHASES AND PRICING:
3.1 Trial Period & Credit Audit: Credit Brains shall provide You with a One U.S. Dollar ($1.00) trial Credit Audit Report in addition to seven (7) days of free credit monitoring.
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 representative, and You will alert such Credit Brains representative to any accounts on your Negative Account Summary that should be excluded from the dispute process.
3.4 A Bespoke Quote: After Credit Brains and You determine which entries to challenge, Credit Brains will provide you with a bespoke quote that reflects your unique circumstances. Such price quote will be governed by the terms contained in this Agreement.
3.5 Credit Brains Work Begins: Once you’ve agreed to the above referenced price quote, Credit Brains will begin repairing your credit by challenging the bureaus to verify or delete the prior identified entries in your credit reports.
3.6 Guaranteed Results: Credit Brains generally performs up to four (4) rounds of disputes and works toward defined minimum targets. Credit Brains can’t promise you that every dispute will be successful. Credit Brains shall aim to have at least eighty percent (80%) of the identified disputed entries deleted (or upgraded to a positive status) within a maximum of four (4) rounds of disputes. Severe cases may need additional disputes. If Credit Brains achieves at least fifty percent (50%) deletions/upgrades, but less than eighty percent (80%) then Credit Brains agrees to extend its serves until it reaches its eighty percent (80%) MINIMUM target with no extra fee for such an extension in services. In the unlikely event that Credit Brains fails to achieve its fifty percent (50%) deletions/upgrades target, then Credit Brains shall REFUND ITS SERVICE FEES to you.
3.7 You agree that signing this Agreement, you are providing Credit Brains 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 report to provide you with the services agreed herein.
3.8 In the event that you made use of IdentityIQ’s seven (7) days free trial and you did not cancel your services, you will be charged service fees in accordance with the price quote provided to you by Credit Brains.
3.9 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 us. You agree to keep your payment information current during the duration of this Agreement. In the event that we are unable to charge you using the preferred payment method, we may suspend or terminate your access to our service.
3.10 Depending 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 not available on a particular month, then you will be billed on the last day of that month.
3.11 Kindly note that our service fees are subject to change from time to time. Credit Brains provide advance notice to you before any fee increase, and you have the right to cancel services if you do not agree to such price increase.
4. 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 Credit Brains 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 Credit Brains within three (3) working days from the date this Agreement is signed between the Client and Credit Brains. The Client shall be required to notify Credit Brains of such cancellation request in writing.
4.5 Credit Brains will begin performance of the Services only after three (3) days have passed from the date Client has signed this Agreement. Further, Client can, as set forth below, cancel this Agreement during this three (3) day period without any obligation to pay anything hereunder (see EXHIBIT A – “Notice of Cancellation” page).
5. CONFIDENTIALITY: Credit Brains 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 which is tagged to be confidential by the other Party is and shall remain confidential and proprietary information. Neither Credit Brains 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.
6. WARRANTY DISCLAIMER: Credit Brains agrees only to perform the services specifically described herein this Agreement. Results disclosed in testimonies received by Credit Brains from previous Clients are not necessarily the results of the average client. The Client recognizes and understands that every Client’s circumstances are different and that Credit Brains does not represent or warrant that it will achieve specific results for the Client. Credit Brains does not represent or guarantee that the Client will receive new credit or loans, credit cards, or mortgages as a result of Credit Brains’ services.
7. LIMITATION ON LIABILITY: To 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. Credit Brains shall not be liable to Client for any incidental or consequential damages or any amount that exceeds the total fees paid by Client to Credit Brains under this Agreement. Credit Brains shall have no liability for any failure or delay due to matters beyond their reasonable control.
8. INDEMNIFICATION: Client agrees to defend, indemnify and hold Credit Brains and its members, managers, employees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of Credit Brains’ 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 Credit Brains’ gross negligence or willful misconduct. Client further agrees to pay Credit Brains’ 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 Credit Brains is true and correct to the best of Client’s knowledge and belief. Any material misstatements of fact made by Client to Credit Brains will, at Credit Brains’ option, relieve Credit Brains of any further obligation to perform under this Agreement.
9. 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 Georgia 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 federal and/or state courts of the applicable State 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 Georgia, the County of Fulton. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of Georgia. 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 Client fails or refuses to pay amounts properly due and owing, Credit Brains may elect to proceed by way of collection 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.
10. NOTICES: All 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 following contact information upon written notice to the other Party.
11. 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 full 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.
12. LIMITED POWER OF ATTORNEY: The Client, the undersigned, agrees by executing this Agreement to grant a limited power of attorney to Credit Brains, and any and all persons in there 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 Credit Brains 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 in compliance with section 611 of the Federal Fair Credit Reporting Act.
BY SIGNING BELOW AND SIGNING EXHIBIT B BELOW, CLIENT HEREBY ENTERS INTO AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHER, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ THIS AGREEMENT IN ITS ENTIRETY AND CLIENT FULLY UNDERSTANDS THE CONTENTS OF THE AGREEMENT.
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 ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
IN WITNESS WHEREOF, the Parties hereto hereby executed this Client Service Agreement on the date first above written.