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 99 Wall Street, Suite 1151, New York, NY 10005 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 for clients who have determined that they have unauthorized credit accounts and/or Credit Bureau 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
- SERVICE DESCRIPTION & WORK SCOPE:
1.1 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 and/or obsolete information by creating an easy to read Negative Account Summary for the Client. 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 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 by a minimum of seventy percent (70%) or more by the end of the program of choice or Client shall be entitled to a one hundred percent (100%) refund or Membership Extension. Both programs offered by Credit Brains guarantee up to one hundred and twenty (120) days of Credit Brains professional credit correction services.
1.2 Credit Brains shall help to review the Client’s credit profile status from the credit reporting agencies such as Experian, Equifax, and Transunion. Consulting and monitoring services which may be required shall be conducted by personal meetings, webinars, video conferencing, telephone, email and/or by any other form of communication during regular business hours. Credit Brains shall obtain Client’s existing credit reports from the three (3) major credit bureaus and 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.
1.3 As shall be agreed upon by the Parties hereto, Client agrees and allows Credit Brains access to certain personal information as may be needed and where applicable to render the services as described herein. 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 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.
- MEMBERSHIP OPTIONS & PRICING: To engage Credit Brains’ services, you must enroll to become a Member of Credit Brains. When you join with The Credit Brains, you will be offered one of two (2) available Membership plans that we have developed to help you achieve your best result. As a policy of putting our clients first, and in compliance with federal laws, there shall be no upfront payment for any credit repair services performed by Credit Brains. Fees for our services shall be collected on a periodic basis subject to the Membership plan that you choose, but only for services already rendered by Credit Brains.
$2499 VERIFY or DELETE Installment Membership
You may choose to participate in The Credit Brains Result First Membership Plan, which allows you to engage Credit Brains services with a very flexible payment plan and a guarantee of getting the best service from Credit Brains. Our confidence with this Results-First approach is based on our 10 years of success in the industry. But we understand that investing in credit repair can feel intimidating – especially during times of hardship. That’s why we offer our Deletion Based Installment Membership, with three (3) staggered payments. With our Deletion Based Membership plan, we still offer you our risk-free, results-first approach. This means that if we fail to deliver, your entire membership fee will be refunded or extended. By subscribing to this plan, you agree to be invoiced a setup fee of Fourteen Hundred and Ninety-Nine U.S. Dollars ($1499.00), and for the next two (2) months, the client will be invoiced Five Hundred U.S. Dollars ($500.00). This consists of two consecutive monthly installments of $500 per month after the setup fee of $1499, which shall be considered the first-month fee. Credit Brains will service the client’s account on a month-to-month basis. Each monthly service fee shall be for the services rendered for the prior thirty (30) days, as detailed below.
The Deletion Based Membership Plan includes the following: (a) 4 Month Credit Brains Membership; (b) $1499 Setup Fee and 2 Payments of $500; (c) Secure Client Portal; (d) 3 Credit-Report Restoration; (e) Money-Back Guarantee.
$1499 Credit Audit and Setup Fee: The following items are considered to be a complete list of the items included as part of the Credit Audit and Setup Fee: (a) performance of an initial credit consultation after the Client has determined that there are unauthorized or inaccurate information in the Client’s credit reports; (b) enroll Client into our Customer Relationship Management system and perform a complete audit of all 3 credit reports, and generate a Negative Summary Report; (c) setup the Client’s secure credit portal to access and review their Negative Account Summary and to follow the progress of the service purchased. Many consumers find it challenging to understand their credit reports accurately; our negative account summary simplifies that by identifying positive accounts with Green Checkmarks and negative accounts with Red X’s; and (d) the Credit Brains will now begin processing the Client’s claims based on the terms outlined in the Membership Plan.
2nd Month Service Description: The Credit Brains will send notifications of the previous month’s results and invoices if the deletion goals were met. In addition to the credit audit and setup process, Credit Brains typically performs one or more of the following ongoing and periodic services as appropriate in its sole judgment and discretion: (a) assist you in requesting that the Credit Bureaus and Creditors demonstrate their compliance with various laws governing fair, accurate, and substantiated consumer credit reporting; (b) based upon its analysis of your credit reports and the information and instructions you provide, Credit Brains will prepare and send credit repair communications to Bureaus and up to three (3) Credit Repair Communications to Furnishers during this second month on your behalf and in your name to verify and/or challenge the accuracy of your credit reports; (c) during this period, Credit Brains shall monitor, and update credit reports as needed, audit/review and take appropriate actions on the credit bureau’s responses; and (d) the aim shall be to remove at least forty percent (40%) of the negative claims that have been identified by the Client.
3rd Month Service Description: In continuance of the processes above, Credit Brains shall continue taking steps to remove at least seventy percent (70%) of the negative accounts identified by the Client. Through this month, Credit Brains shall engage in more Credit repair communications and credit score tracking.
4th Month Service Description: At this phase, Credit Brains will have removed at least eighty percent (80%) of the negative accounts identified by the Client. During this phase, no fees shall be due, but Credit Brains will keep working to making sure that the Client’s reports have achieved their best results.
$1999 VERIFY or DELETE Single Payment Membership
If you were referred to us and are comfortable committing to a single payment, then we respect your confidence, and we’ll reward you with a discount. When you choose this Single Payment Membership plan to engage the services of Credit Brains, you will be rewarded with a twenty percent (20%) discount on our regular fee. But you can be confident that we’ll work just as hard on your behalf. By choosing this membership plan, there shall be no monthly service payments after the Initial Setup Fee of One Thousand and Nine Hundred and Ninety-Nine U.S. Dollars ($1999.00). With our Single Payment Membership, you are still protected by our membership guarantee that features a seventy percent (70%) Deletion Requirement, or a Full Membership Refund or Membership Extension. By subscribing to this plan, you agree to be charged a setup, auditing, and documentation fee of $1999 as detailed below.
The Single Payment Membership Plan includes the following: (a) 4 Month Credit Brains Membership; (b) $1999 Credit Audit, Setup and Documentation Fee; (c) 70% Deletions or Membership Refund, or Membership Extension; (d) 3 Credit-Report Restoration; and (e) Money-Back Guarantee.
$1999 Credit Audit, Setup and Documentation Fee: Your one-time fee for following items shall be considered to be a complete list of the items included as part of the Credit Audit, Setup and Documentation Fee: (a) performance of an initial credit consultation after the Client has determined that there are unauthorized or inaccurate information in the Client’s credit report; (b) enroll Client into our Customer Relationship Management system and perform a complete audit of all three (3) credit reports, and generate a Negative Account Summary; (c) setup the Client’s secure credit portal to access and review their Negative Account Summary and to follow the progress of the service purchased. Many consumers find it challenging to understand their credit reports accurately; our negative account summary simplifies that by identifying positive accounts with Green Checkmarks and negative accounts with Red X’s; and (d) the Credit Brains shall implement the entire 3 staged strategy outlined in the F.C.R.A., which grants consumers legally escalating demands for verification of accounts or their immediate deletion. With the Client’s confirmation that the information listed in the negative account summary are unauthorized and should be removed, Credit Brains shall prepare in advance the entire 3 months of escalating documentation. The process will be implemented in thirty (30) day increments and simply require minor edits of accounts removed the prior month by the credit bureaus.
2nd Month Service Description: Credit Brains will send notifications of the previous month’s results and invoices if the deletion goals were met. In addition to the credit audit and setup process, Credit Brains typically performs one or more of the following ongoing and periodic services as appropriate in its judgment and discretion: (a) assist you in requesting that the Credit Bureaus and Creditors demonstrate their compliance with various laws governing fair, accurate, and substantiated consumer credit reporting; (b) based upon its analysis of your credit reports and the information and instructions you provide, Credit Brains will prepare and send credit repair communications to Bureaus and up to three Credit Repair Communications to Furnishers during this second month on your behalf and in your name to verify and/or challenge the accuracy of your credit reports; (c) during this period, Credit Brains shall monitor, and update credit reports as needed, audit/review and take appropriate actions on the credit bureau’s responses; and (d) the aim shall be to remove at least forty percent (40%) of the negative claims on your credit reports that have been identified by the Client.
3rd Month Service Description: In continuance of the processes above, Credit Brains shall take further steps to achieve that at least seventy percent (70%) of the negative reports on Client’s credit reports as identified by the client have been removed. Through this month, Credit Brains shall engage in more Credit repair communications and credit score tracking.
4th Month Service Description: At this phase, Credit Brains will have completed at least seventy percent (70%) of the negative accounts identified by the Client that should have been deleted. During this phase, no fees shall be due, but Credit Brains will keep working to making sure that the client’s reports have achieved their best results.
- SERVICE PHASES, CHARGES & PAYMENTS:
4.1 You agree that, by choosing a membership plan and 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.
4.2 In the event that you made use of IdentityIQ’s seven (7) days free trial and you did not cancel your Membership, you will be charged a Membership fee in accordance with the Membership plan that you selected.
4.3 At the end of your trial period (if applicable), and if you have not canceled your Membership, you will be charged your Membership fee according to the Membership plan you selected. Your billing period will begin once your trial period expires (the “Bill Date”).
4.4 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.
4.5 You will be billed once per month on the anniversary of your Bill Date, and your services will be renewed each month unless you cancel your Membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
4.6 Kindly note that our Membership Plans prices are subject to change from time to time. Credit Brains provide advance notice to you before any price increase, and you have the right to cancel your Membership if you do not agree to such price increase.
- TERM & TERMINATION:
5.1 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.
5.2 You have the right to cancel this Agreement at any time during your trial period (if applicable), without any obligation or penalty.
5.3 Credit Brains may cancel this Agreement and terminate your Membership at any time for any reason. We reserve the right to cancel your Membership and terminate this Agreement immediately and without prior notice to you if we suspect that you have breached the terms of this Agreement.
5.4 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.
5.5 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 B – “Notice of Cancellation” page).
- 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.
- 7. 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.
- 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.
- 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.
9.1 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.
- GOVERNING LAW, ARBITRATION & JURISDICTION:
10.1 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.
10.3 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.
10.4 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.
- 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.
- 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.
- 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.