Client Service Agreement

Client Service
Agreement

THE CREDIT BRAINS

CLIENT SERVICE AGREEMENT

This CLIENT CREDIT REPAIR SERVICE AGREEMENT (the “Agreement”) is made and entered into by and between The Credit Brains LLC (the “Credit Brains”) and (the “Client”) and made effective on this day of November 20, 2019 (the “Effective Date”).

RECITALS

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

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,

WHEREAS, Credit Brains agrees to provide this service as requested and agreed upon to the Client,

WHEREAS, the Client agrees to engage the services of Credit Brains as an Independent Contractor to perform such services as agreed upon.

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:

 

SERVICE DESCRIPTION AND WORK SCOPE:

Credit Brains shall help in the evaluation of the Client’s current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information.

Credit Brains shall also 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 or obsolete information contained in the customer’s credit reports Client with the aim of help the Client remove negative accounts, collections, public records and inquiries that they believe are inaccurate or unauthorized and to decrease the collective number of negative issues affecting the Client’s credit scores by 80 percent or more by the end of the program of choice or a 100% Refund. Both programs guarantee up to 120 days of The Credit Brains professional credit correction efforts.

Credit Brains shall help to review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion. Consulting, coaching, and monitoring services which may be required shall be conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.

Credit Brains shall obtain Client’s existing credit reports from the 3 major credit bureaus ad will do all the necessary auditing of the Client’s credit reports in order to determine outdated, inaccurate and/or unverifiable information contained in such Client’s credit reports.

As shall be agreed upon by the parties herein, Client agrees and allows Credit Brains access to certain personal information as may be needed and where applicable.

Furthermore, Client may be required to grant Credit Brains the authorization to act as Client’s representative and to make decisions at its discretion in communication with the Credit Agencies and to sign certain correspondence to the credit bureaus on behalf of the Client.

 

INDEPENDENT CONTRACTOR STATUS.

This Agreement shall serve as the guiding regulation for the relationship of the parties herein, 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 herein. 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.

Credit Brains understands and accept that as an Independent Contractor, it shall be solely responsible for all self-employment taxes and any federal, state and local taxes or fees that may arise from the independent contractor relationship.

 

PAYMENT POLICY AND PAYMENT PLAN

In consideration of the services to be provided by Credit Brains to/and on behalf of the Client, the Client shall pay to Credit Brains the agreed fee. Client have the option to choose from one of our two pricing model as described below.

Escrow Installment Plan:

Subject to this plan, Client shall not be expected to make any form of monetary payment to The Credit Brains before the commencement of the service. Client agrees to submit payment to the third party service of Escrow.com

Price – $1899.00

Initial Escrow.com installment: $899 – Funds in 30 days with a 30% deletion requirement

Second Escrow.com installment: $500 – Funds in 60 days with a 60% deletions requirement

Third Escrow.com installment: $500 – Funds in 90 days with an 80% deletions requirement

Escrow Plan:

Subject to this plan, the Client shall be required to escrow the service fee of $1,499. With this single payment plan, the Client shall be entitled to a 21% discount. The Client understands that the agreed service will not commence until the payment has been secured with third party service Escrow.com.

REASONS FOR SERVICES:

  • Remove Unauthorized Accounts
  • Remove Credit Bureau Errors
  • Remove All Above
  • Neither

Terms of Installment Plan:

In the event that the Client opts in for an Escrow installment plan, every such installment shall be paid to the third party service of Escrow.com on the due date of such installment. The installment feature shall permit the Client to pay for the service over 3 installments as set out on the payment schedule above and installments are due in accordance with the terms describe in the Escrow Installment Plan above.

Client is allowed to make payment any time before the installment due date. Otherwise, the third party Escrow service will attempt payment charges on the scheduled due date from Client’s payment method pursuant to payment authorization.

If a due payment is not successfully processed on or before the due date, a grace period of 5 days will be allowed after which a late fee of up to $60 may be applied (these fee is capped at 10% of the original plan value.

Client acknowledges and agrees that in the event that The Credit Brains fulfils the terms of the Agreement before the expected due date, it shall still be binding on the Client to make the full payment for the selected plan.

YOU UNDERSTAND AND AGREE THAT YOU MUST MAKE EACH PAYMENT BY ITS DUE DATE IN ORDER TO HAVE THE CREDIT BRAIN CONTINUE OFFERING ITS SERVICE. IN THE EVENT THAT YOU FAIL TO MAKE THE DUE PAYMENT BY ITS DUES DATE, YOU UNDERSTAND AND AGREE THAT THE CREDIT BRAINS MAY SUSPEND IT SERVICES TO YOU UNTIL SUCH PAYMENT IS MADE AND THE CREDIT BRAINS SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGE THAT THIS HOLD MAY CAUSE.

SERVICE TERMS AND TERMINATION

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

 

CONFIDENTIALITY

Credit Brains and the Client hereby acknowledges and agrees 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 a 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.

WARRANTY DISCLAIMER

The 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 The Credit Brains does not represent or warrant that it will achieve specific results for the Client. The Credit Brains 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’ services.

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 3 days after the execution of this Agreement. Neither shall Credit Brains be liable to the Client for any incidental or consequential damage or any amount that exceeds the fee paid by the Client to Credit Brains under this Agreement. The Credit Brains shall have no liability for any failure or delay due to matters beyond their reasonable control.

INDEMNIFICATION

The Client agrees to defend, indemnify and hold Credit Brains harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of The Credit Brains’ provision of services to the Client under this Agreement or the 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.

GOVERNING LAW, ARBITRATION AND JURISDICTION

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.

Each party agrees that any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be set­tled by arbitration in the applicable State in accordance with the rules of The American Arbitration Asso­ciation. 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 county and state noted in the GOVERNING LAW provision of this Agreement. 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 their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: 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.

 

NOTICES

All notices and other communications hereunder shall be given in writing and shall be deemed to be duly given and effective: (i) upon receipt if delivered by electronic mail or facsimile, (ii) three 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.

Notices shall be delivered or transmitted to:

The Credit Brains LLC
260 Peachtree Street NW
Suite 2200
Atlanta, GA 30303
800-674-2612

SEVERABILITY

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.

AGREEMENT MODIFICATION

This agreement may be amended after being executed but only by mutual consent of the both parties herein. Any amendments to this agreement must be in writing and signed by both parties.

ENTIRE AGREEMENT

The parties herein agrees to have read and has 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.

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 gives 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.

THE CREDIT BRAINS

CLIENT SERVICE AGREEMENT

This CLIENT CREDIT REPAIR SERVICE AGREEMENT (the “Agreement”) is made and entered into by and between The Credit Brains LLC (the “Credit Brains”) and (the “Client”) and made effective on this day of November 20, 2019 (the “Effective Date”).

RECITALS

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

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,

WHEREAS, Credit Brains agrees to provide this service as requested and agreed upon to the Client,

WHEREAS, the Client agrees to engage the services of Credit Brains as an Independent Contractor to perform such services as agreed upon.

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:

 

SERVICE DESCRIPTION AND WORK SCOPE:

Credit Brains shall help in the evaluation of the Client’s current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information.

Credit Brains shall also 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 or obsolete information contained in the customer’s credit reports Client with the aim of help the Client remove negative accounts, collections, public records and inquiries that they believe are inaccurate or unauthorized and to decrease the collective number of negative issues affecting the Client’s credit scores by 80 percent or more by the end of the program of choice or a 100% Refund. Both programs guarantee up to 120 days of The Credit Brains professional credit correction efforts.

Credit Brains shall help to review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion. Consulting, coaching, and monitoring services which may be required shall be conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.

Credit Brains shall obtain Client’s existing credit reports from the 3 major credit bureaus ad will do all the necessary auditing of the Client’s credit reports in order to determine outdated, inaccurate and/or unverifiable information contained in such Client’s credit reports.

As shall be agreed upon by the parties herein, Client agrees and allows Credit Brains access to certain personal information as may be needed and where applicable.

Furthermore, Client may be required to grant Credit Brains the authorization to act as Client’s representative and to make decisions at its discretion in communication with the Credit Agencies and to sign certain correspondence to the credit bureaus on behalf of the Client.

 

INDEPENDENT CONTRACTOR STATUS.

This Agreement shall serve as the guiding regulation for the relationship of the parties herein, 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 herein. 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.

Credit Brains understands and accept that as an Independent Contractor, it shall be solely responsible for all self-employment taxes and any federal, state and local taxes or fees that may arise from the independent contractor relationship.

 

PAYMENT POLICY AND PAYMENT PLAN

In consideration of the services to be provided by Credit Brains to/and on behalf of the Client, the Client shall pay to Credit Brains the agreed fee. Client have the option to choose from one of our two pricing model as described below.

Escrow Installment Plan:

Subject to this plan, Client shall not be expected to make any form of monetary payment to The Credit Brains before the commencement of the service. Client agrees to submit payment to the third party service of Escrow.com

Price – $1899.00

Initial Escrow.com installment: $899 – Funds in 30 days with a 30% deletion requirement

Second Escrow.com installment: $500 – Funds in 60 days with a 60% deletions requirement

Third Escrow.com installment: $500 – Funds in 90 days with an 80% deletions requirement

Escrow Plan:

Subject to this plan, the Client shall be required to escrow the service fee of $1,499. With this single payment plan, the Client shall be entitled to a 21% discount. The Client understands that the agreed service will not commence until the payment has been secured with third party service Escrow.com.

REASONS FOR SERVICES:

  • Remove Unauthorized Accounts
  • Remove Credit Bureau Errors
  • Remove All Above
  • Neither

Terms of Installment Plan:

In the event that the Client opts in for an Escrow installment plan, every such installment shall be paid to the third party service of Escrow.com on the due date of such installment. The installment feature shall permit the Client to pay for the service over 3 installments as set out on the payment schedule above and installments are due in accordance with the terms describe in the Escrow Installment Plan above.

Client is allowed to make payment any time before the installment due date. Otherwise, the third party Escrow service will attempt payment charges on the scheduled due date from Client’s payment method pursuant to payment authorization.

If a due payment is not successfully processed on or before the due date, a grace period of 5 days will be allowed after which a late fee of up to $60 may be applied (these fee is capped at 10% of the original plan value.

Client acknowledges and agrees that in the event that The Credit Brains fulfils the terms of the Agreement before the expected due date, it shall still be binding on the Client to make the full payment for the selected plan.

YOU UNDERSTAND AND AGREE THAT YOU MUST MAKE EACH PAYMENT BY ITS DUE DATE IN ORDER TO HAVE THE CREDIT BRAIN CONTINUE OFFERING ITS SERVICE. IN THE EVENT THAT YOU FAIL TO MAKE THE DUE PAYMENT BY ITS DUES DATE, YOU UNDERSTAND AND AGREE THAT THE CREDIT BRAINS MAY SUSPEND IT SERVICES TO YOU UNTIL SUCH PAYMENT IS MADE AND THE CREDIT BRAINS SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGE THAT THIS HOLD MAY CAUSE.

SERVICE TERMS AND TERMINATION

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

 

CONFIDENTIALITY

Credit Brains and the Client hereby acknowledges and agrees 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 a 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.

WARRANTY DISCLAIMER

The 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 The Credit Brains does not represent or warrant that it will achieve specific results for the Client. The Credit Brains 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’ services.

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 3 days after the execution of this Agreement. Neither shall Credit Brains be liable to the Client for any incidental or consequential damage or any amount that exceeds the fee paid by the Client to Credit Brains under this Agreement. The Credit Brains shall have no liability for any failure or delay due to matters beyond their reasonable control.

INDEMNIFICATION

The Client agrees to defend, indemnify and hold Credit Brains harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of The Credit Brains’ provision of services to the Client under this Agreement or the 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.

GOVERNING LAW, ARBITRATION AND JURISDICTION

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.

Each party agrees that any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be set­tled by arbitration in the applicable State in accordance with the rules of The American Arbitration Asso­ciation. 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 county and state noted in the GOVERNING LAW provision of this Agreement. 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 their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: 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.

 

NOTICES

All notices and other communications hereunder shall be given in writing and shall be deemed to be duly given and effective: (i) upon receipt if delivered by electronic mail or facsimile, (ii) three 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.

Notices shall be delivered or transmitted to:

The Credit Brains LLC
260 Peachtree Street NW
Suite 2200
Atlanta, GA 30303
800-674-2612

SEVERABILITY

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.

AGREEMENT MODIFICATION

This agreement may be amended after being executed but only by mutual consent of the both parties herein. Any amendments to this agreement must be in writing and signed by both parties.

ENTIRE AGREEMENT

The parties herein agrees to have read and has 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.

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 gives 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.