Engagement Agreement And Limited Designation Of Agency

This is a one month Agreement that will automatically renew into a new and independent agreement each consecutive month with identical terms and conditions.  You are advised to review your case at least each month and determine whether you wish to continue Credit and Debt’s Agreement or cancel it.

Thank you for hiring our services to assist you in your credit repair located at Estero Executive Center, 10600 Chevrolet Way, #250, Estero, Florida 33928.  We are National Credit and Debt, a/k/a Credit and Debt, a/k/a Allrepco, LLC (hereinafter “Credit and Debt”).  This Engagement Agreement and any applicable Limited Designation of Agency (the “Agreement”) is made in the state of Florida and constitutes the complete understanding between you and us.

 

 

  1. I.              Services and Agreements.

 

Credit and Debt will assist you in requesting that major credit bureaus (Transunion, Equifax and Experian, collectively the “Bureaus”) and credit report information furnishers (“Furnishers”) demonstrate their compliance with various laws governing consumer credit reporting.  Based upon Credit and Debt’s analysis of your credit reports and the information and instructions you provide, Credit and Debt will prepare and send you written and/or electronic communications (“Communications”) for you to sign and forward to Bureaus and Furnishers.  Credit and Debt uses its judgment and discretion to determine the content, number and frequency of these Communications.  This Agreement is for the services listed in this paragraph only.

 

Statutory Disclosure.  You understand and agree that Credit and Debt has not made any untrue or misleading statements, or statements that should be known (upon the exercise of reasonable care) to be untrue or misleading, to any consumer reporting agencies with respect to your credit worthiness, credit standing, or credit capacity, which would be in violation of the Credit Repair Organizations Act, Section 404(a)(1).

 

Statutory Disclosure.  You understand agree that Credit and Debt has not made any untrue or misleading representations to induce you to purchase any credit repair services, which would be in violation of the Credit Repair Organizations Act, Section 404(a)(3).

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Credit and Debt typically performs the following services prior to your first payment:  enters your personal data and your 3-in-1 credit report into its secure database; receives information and instructions from you regarding your particular circumstances and how you wish to proceed; analyzes your case; and prepares and sends one or more Communications to you for your review and signature before forwarding to the Bureaus.

 

Subsequently, Credit and Debt typically performs one or more of the following ongoing and periodic services for free as appropriate in its judgment and discretion:  receives and reviews correspondence sent by you from the Bureaus and Furnishers; receives and reviews updated information and instructions from you regarding your circumstances, goals, and case; monitors and analyzes your case; provides you with status updates regarding your case; and prepares and sends one or more additional Communications for you to sign and forward to Bureaus and Furnishers.

 

Credit and Debt cannot guarantee and you are not paying for a particular credit report outcome or result; you are paying only for Credit and Debt’s efforts on your behalf.  The Bureaus or Furnishers may not respond favorably to initial or subsequent Communications and ultimately may decide not to remove items from your consumer credit files despite Credit and Debt’s efforts.

 

 

  1. II.            Payment and Fees.

 

Credit and Debt NEVER charges before any services are fully performed.  Fees are collected on a periodic basis, but only for services previously provided.  Because fees are charged after rendering services, fees are not refundable.  During the course of your Agreement, the amount of work performed for you during any given month will vary, but the amount you pay Credit and Debt each month is the same.

 

The first work fee is charged typically 4-7 days after enrolling in our credit correction program.  This fee is charged only after all the work has been done to get your first round of credit bureau disputes forwarded to you.  Specifically, you will be charged $99.95 (individual) or $139.95 (couple) typically within 4 to 7 days from the date of this Agreement, for services already performed for that month/30 day period.  This Agreement automatically renews into its own separate independent agreement for the next continual month/30 day period with identical terms and conditions for the same fees of $99.95 (individual) or $139.95 (couple, each a “Billing Interval”) as referred to in this Agreement.  This option to continually recur into a new and independent agreement is on a continual basis and is understood by all parties that each 30 day billing interval is a separate and independent agreement from the previous.  For example, if the first charge was made on the 7th of the month and you re-enter into an identical Agreement for the consecutive month with Credit and Debt, the next charge will be made on or about the 7th of that additional month.  (Weekends and holidays may alter the specific day of charges from month to month.)  Charges will be made to your credit card, debit card, or drafted from your bank account, depending on which payment method is selected.

 

You agree to pay a late fee of $19.95 if your payment for Credit and Debt’s Agreement is not honored upon first presentment by Credit and Debt to your credit or debit card company or bank.  You authorize Credit and Debt to substitute additional payment methods provided by you in the event any fee or charge authorized by this Agreement is not honored upon first presentment by Credit and Debt.  You grant Credit and Debt permission to withdraw any fee or charge authorized by this Agreement from your credit or debit card or bank account and to verify your account information.

 

DEBT NEGOTIATION ADVICE IS ALWAYS FREE OF CHARGE.

 

  1. III.           Term and Cancellation.

 

You may cancel this Agreement at any time and in a number of ways, including (a) simply calling Credit and Debt, (b) signing and mailing and/or emailing Credit and Debt one of the Notices of Cancellation; or, (c) sending Credit and Debt a written request.  Credit and Debt honors all cancellation requests without condition or charge that are sent to Credit and Debt within the first 3 days of the date of this Agreement.  It may take up to 3 business days from the day Credit and Debt receives your cancellation request to process it.  From the 4th day of the Agreement forward, cancellation requests received by Credit and Debt may result in a charge, but only if Credit and Debt has completed services prior to cancellation. 

 

The length of time you may wish to engage Credit and Debt will likely depend on a variety of factors, such as:  your individual credit goals, your timely participation, the complexity of your case (e.g., the type and amount of inaccurately reported credit information subject to correction), initial and subsequent positions taken by a particular Furnisher or Bureau regarding an affected credit report item, new information added to your credit profile during your Agreement, changes to your initial credit goals, and other related factors.  This is a one month Agreement that will automatically renew into a new and independent agreement each consecutive month with identical terms and conditions.  You are advised to review your case at least each month and determine whether you wish to continue Credit and Debt’s Agreement or cancel it.

 

Credit and Debt reserves the right to withdraw from assisting you if you breach this Agreement or for any reason permitted under applicable professional rules of conduct.  In the event Credit and Debt withdraws, you agree to pay Credit and Debt for the services rendered by Credit and Debt up to the date of withdrawal.

 

 

  1. IV.          Client Responsibilities and Communications.

 

You agree to assist Credit and Debt in answering certain security questions regarding your identity and credit history as may be necessary to assist you in obtaining your credit reports.

 

You will provide Credit and Debt with legible copies (not originals) of updated credit reports as Credit and Debt requests, and promptly forward to Credit and Debt copies of all correspondence you receive from the Bureaus, Furnishers, or others as the result of Credit and Debt’s efforts on your behalf.  You understand and acknowledge that failure to promptly forward correspondence and updated credit reports (when requested) may delay and negatively impact your case.

 

You agree to send only copies of documents, not originals, for Credit and Debt to scan, store electronically, and shred.

 

You agree to promptly inform Credit and Debt if your payment information changes.

 

You agree to review your case each month and determine whether you wish to cancel the Agreement.

 

Once Agreement is cancelled or terminated, you authorize Credit and Debt to destroy your file, excluding only those documents which are required to be retained.

 

You agree that your preferred method of contact is via email.

 

You agree that all information you provide Credit and Debt is true to the best of your knowledge.

 

You acknowledge that you are not paying for, nor does Credit and Debt promise or guarantee, a specific outcome or result.

 

You understand Credit and Debt makes no warranty or guarantee as to any particular credit report outcome or result.  You are paying only for Credit and Debt’s work performed for you on your behalf.  The Bureaus or Furnishers may decide not to remove items from your consumer credit files despite Credit and Debt’s efforts.

 

You acknowledge and agree that Credit and Debt does not ensure or guarantee you will qualify to obtain any loan or that you will qualify for any extension of credit, services, or a job for which you may apply.

 

Specifically, without limitation of the foregoing, you acknowledge that Credit and Debt makes no promises or guarantees to improve your credit profile, credit report, credit scores, loan interest rates or terms or any other indicia or evidence of credit-worthiness.

 

You acknowledge that you intentionally hired Credit and Debt, which is based in the state of Florida, to assist you as described in this Agreement.

 

You acknowledge that communications prepared by Credit and Debt may include your account number and social  security number in order to reference your account.

 

You understand communications sent by Credit and Debt to you for signing and forwarding to Furnishers and Bureaus will be sent in your name, and will not be identified as being sent by Credit and Debt.

 

You agree to all other terms and conditions within this Agreement.

 

 

  1. V.            Credit and Debt Will Not Do Any Of The Following.

 

Although Credit and Debt will legally assist you in contacting Bureaus and Furnishers to address items in your credit history or on your credit report, Credit and Debt does not promise or provide any specific outcome with regard to your credit history or credit report.  Multiple attempts to assist you in this effort may be necessary, and if ultimately Credit and Debt is unsuccessful, you may need to seek legal assistance.

 

Credit and Debt will have discussions with you regarding your case and in doing so may provide its opinion, in its best judgment, as to your options and possible outcomes, given the information you provide to Credit and Debt.  However, any expressions of opinion may not reflect the actual outcome.  You understand and agree that (a) Credit and Debt is not an attorney; (b) we cannot give you legal advice, and (c) anything that is said by any representative of Credit and Debt is not to be relied upon as legal advice.  (Florida v Brumbaugh; Florida v Sperry.)

 

Credit and Debt will not dispute accurate information within your credit report.

 

 

  1. VI.        Staffing.

 

Credit and Debt may ask various clerical staff or others to assist in handling and performing work on your case.  There is no additional charge to you for work performed by these individuals.

 

 

  1. VI.          General.

 

  1. GOVERNING LAW AND VENUE.  This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida.  You agree that all disputes between you and Credit and Debt shall be submitted to the exclusive jurisdiction and venue of the federal and state courts located in Lee County, Fort Myers, Florida.

 

  1. SEVERABILITY.  In the event that any provision or covenant of this Agreement shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and this Agreement and all of its remaining provisions shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law.

 

  1. CONFLICTS IN TERMS.  In the event of a conflict between any other notice, policy, disclaimer or other term contained in our website www.crbcredit.com and such other sites as Credit and Debt may choose to operate in connection with the Agreement (“Websites”) or otherwise, the terms and conditions of this Agreement shall control.

 

  1. FORCE MAJEURE.  Credit and Debt shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.

 

  1. COPYRIGHTS AND TRADEMARKS.  You acknowledge and agree that Credit and Debt’s works of authorships, including but not limited to its registered marks, copyrighted material, any revisions, modifications and enhancements thereto, and any Trade Dress (“Content”) are the property of Credit and Debt or its licensors and suppliers and are protected by federal, state, and international copyrights laws, including the common law.  Any other Content not owned by Credit and Debt that appears on the Websites is the property of its respective owner(s).  All software used on the Websites is the property of Credit and Debt or its software suppliers and is also protected by federal, state, and international copyright law, including the common law.  Reproduction of such Content, in whole or in part, is prohibited without prior consent.

 

  1. PRIVACY NOTICE.  Your telephone calls may be monitored for quality assurance.  Credit and Debt may use your personal information to the extent necessary and as allowed by Credit and Debt’s Privacy Policy.  You may request a copy of Credit and Debt’s privacy policy by calling Credit and Debt.  By executing this Agreement, you acknowledge you have reviewed Credit and Debt’s Privacy Policy and agree to its terms.  Credit and Debt will not sell your information to third parties.

 

  1. ONLINE REQUIREMENTS.  If you are an Internet user, you must have an email address, a Java-compatible browser such as Internet Explorer 7.0 or higher, Firefox 3.6 or higher, or Safari 1.2 or higher and Adobe Reader 7.0 to receive services online.  As an online customer, you are agreeing to receive all notifications and letters via email at the email address on file with Credit and Debt.  To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.

 

  1. ENTIRE AGREEMENT.  This Agreement is the entire agreement between you and Credit and Debt and supersedes all other agreements, whether made verbally or in writing.

 


 

 

  1. VII.         LIMITED DESIGNATION OF AGENCY.

 

You agree that Credit and Debt may act as your non-exclusive agent, on your behalf, for the limited purposes of:

 

(a)          Receiving your consumer credit disclosures and credit reports;

(b)          Disputing, at your direction, inaccurate or incomplete information on such disclosures and reports;

(c)          Receiving results from such inquiries from you and communicating them to you; and,

(d)          Investigating and/or verifying information provided to Bureaus and Furnishers.

 

You further agree that you will not knowingly dispute accurate information on your credit report or disclosures.

 

 

  1. VIII.        AGREEMENT AND UNDERSTANDING.

 

You hereby understand and agree as follows:

 

(a)          That Debt Negotiation services are free of charge with the purchase of the no advance fee credit services.  Credit and Debt does not and will not charge a consumer for debt negotiation services.

 

(b)          You have read the Consumer Rights Disclosure Form.

 

(c)          You understand that this is a one month Agreement that will independently renew into a new and independent agreement each consecutive month with identical terms and conditions.  You are advised to review your case at least each month and determine whether you wish to continue Credit and Debt’s Agreement or cancel it.

 

(d)        You agree that you have read all disclosures that are provided on the website which include Sec.405 disclosures, Sec. 406 credit repair organization contracts, the Sec. 407 right to cancel contract which was in close proximity to the authorization section on the website.

 

(e)        You have read the 3 Day Notice of Cancellation.

 

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Signature of Purchaser

 

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Date