CREDIT REPAIR SERVICES AGREEMENT between JS Financial Service LLC (hereinafter referred to as COMPANY) and below mentioned client: (hereinafter referred to as CLIENT).
SEC. 405. DISCLOSURES
Consumer Credit File Rights Under State and Federal LawYou have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ''credit repair'' company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580'.(b) Separate Statement Requirement.--The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.(c) Retention of Compliance Records.--(1) In general.--The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. (2) Maintenance for 2 years.--The copy of any consumer's statement shall be maintained in the organization's files for 2 years after the date on which the statement is signed by the consumer.
General Terms and Conditions:
A. This Credit Repair Service Contract between COMPANY and above mentioned CLIENT. "Client" (refers to both in case of a couple), and is for the purpose of purchasing credit report repair and improvement services (the "Services"). The Services will include preparation of correspondence to credit bureaus to request removal of errors, misrepresentations, or unverifiable information, which the Client states appears on the credit reports which the Client has furnished COMPANY. This is not a debt consolidation or bill payment program. Federal law requires that any unverifiable, outdated or erroneous information must be removed from consumer credit reports by reporting agencies. COMPANY agrees to use its best efforts to provide the Services, and will perform them in accordance with federal and state laws.
B. Fees. CLIENT understands and agrees to be responsible for and pay the fees associated with Services as listed below:
$149 Setup Fee/ $129 Per Month
Money Back Guarantee:
The goal of credit repair is to remove questionable negative information from credit reports. This is not an exact science and there are cases in which we may be unsuccessful. Our clients
are protected with our 120-day warranty. If you sign up for a monthly service with JS Financial Service LLC, and do not see any questionable items deleted from your credit in 120 days
(about 4 months) or your score have not increased by at least fifty points combined, you will be entitled to a full refund in monthly fees. This does not mean that your credit will be fixed
completely during that period, but you should see some of your questionable negative items deleted or an increase to your score in this period or your money back. The Money Back Guarantee will be strictly subject to you complying with the following terms and conditions: • Eligibility for a refund does not start until day 120. You must be an active participant in the
program for 120 days (about 4 months). Cancellation or a missed payment during the initial 120 days (about 4 months) of the program is void of this guarantee. • You maintained credit
monitoring for the full duration of the 120-day period without it declining. • You added at least one of the recommended credit building programs to your credit profile within the first 45 days (about 1 and a half months). • That You do not create or cause any new derogatory trade lines to be added to your credit report after your participation in the applicable program begins. • You mail, fax, email or upload using the portal to JS Financial Service, all correspondence relating in any way to your credit report within seven (“7”) days of receiving said correspondence. • You make all payments due and owing to JS Financial Service LLC, per this agreement in a timely manner. • You upload the necessary documents needed get started using the portal which includes signing the agreement, proof of your identity such as a copy of driver’s license and copy of proof of residence within two (“2”) days of the effective date of this agreement. • You agree to give JS Financial Service LLC, ten (“10”) business days from the date you have requested a refund and we receive the letter to allow JS Financial Service
LLC , adequate time to review your credit bureaus and audit your account to verify that no negative items have been removed from your account and to ascertain the reason for this
occurring. • Refunds limited to payments made for 120 days (about 4 months) of service only. (ex. If a client is in service for 180+ days, with no change made to their history, they can
request a refund, but that refund will be limited to 120 days (about 4 months) of service.
C. Non Payment. CLIENT will agree not to close the bank account, debit card, or credit card, that COMPANY is authorized to withdraw payments from. Should the CLIENT be required to change the authorized bank account, debit card, or credit card, you must notify COMPANY immediately and complete a new Electronic Payment authorization, as any interruption in the payment of our fees will require COMPANY to discontinue your service agreement. The resulting actions undertaken by the credit card companies, collection agencies, and/or law firms against the Client will not be the responsibility of COMPANY.
D. Credit Application. The Client shall not apply for any type of credit until they have completed the process and failure to comply shall void any and all guarantees. If the Client fails to comply with our expressed request and applies for any credit and is denied, we cannot be held responsible for additional negative remarks and the direct influence this might have on your credit score.
E. Client Responsibility. The Client agrees to send, via mail, all credit reports and/or correspondence received from credit bureaus, creditors, and/or collection agencies to COMPANY within five (5) days after the date received to guarantee the success of this program. If the Client has not received any credit reports or correspondence from the credit bureaus within 60 days after the date of the initial Credit Report Analysis/Audit, the Client must notify COMPANY so appropriate measures can be taken. Non compliance can result in termination of account with us and any guarantees will be voided if applicable.
F. Credit monitoring. Client agrees to be enrolled in a credit monitoring service for the duration of their program for the purpose of being able to fully track all results achieved throughout the program. If credit monitoring service is interrupted, Company may choose to stop services until the credit monitoring is fully active again. Client agrees to provide Company with the login information to the credit monitoring service and gives Company permission to access the monitoring service at any time during Client's program.
G. By executing this Contract to obtain COMPANY Services, Client grants COMPANY during the term of this Contract, a limited power of attorney, by and through its authorized representatives, to: 1) use the Customer Information that the Client provides in order to obtain from credit bureaus, creditors, collection agencies and other holders of records of Client's credit reports, Client's credit history or other creditor information for the Services; 2) sign correspondence to the record holders; 3) use Client's name to sign correspondence addressed to creditors; 4) obtain credit information over the telephone, fax, and or through the Internet from record holders; 5) to discuss information with any record holders to help resolve a debt if mediation of a debt is necessary. COMPANY acknowledges that its Authorized Representatives have been alerted to the sensitivity of the Customer Information. As such, COMPANY will use its best efforts to ensure that Customer Information will be handled in a responsible and professional manner. The Customer shall have the right to revoke or terminate the limited power of attorney provided under this Contract at any time upon written notice to COMPANY. Otherwise, the limited power of attorney shall terminate upon termination of this Contract. All questions or issues, if any, pertaining to validity, interpretation and administration of this Contract shall be determined in accordance with the laws of Florida. Client agrees that Client's limited power of attorney is valid throughout the United States for all Customer Information to be obtained by COMPANY pursuant to this Contract by the binding and enforceable signatures set forth below. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
H. Cancellation. This agreement may be canceled by either party without any penalty or further obligation at any time, and any fees owed or refunds owed shall hold true according to fees and money back guarantee listed in this agreement.
I. Client Obligations & Agreement.
Client will return, along with signed agreement, a copy of their driver's license, social security card, and a recent Utility bill showing the correct address (phone bill, gas bill, electric bill, etc..)
Client agrees to assist Company in obtaining initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and Trans Union) and understands that Company cannot proceed with credit bureaus until credit reports are received, however Client shall receive a full term of service from the date the initial credit reports are received.
Client agrees to be enrolled in a credit monitoring service for the duration of their program for the purpose of being able to fully track all results achieved throughout the program. If credit monitoring service is interrupted, Company may choose to stop services until the credit monitoring is fully active again. Client agrees to provide Company with the login information to the credit monitoring service and gives Company permission to access the monitoring service at any time during Client's program.
If Client was referred to COMPANY by a referral partner Client hereby expressly consents to COMPANY, sharing data concerning the progress of the credit restoration process with the referral partner.
Client agrees to payment terms and conditions of this agreement. If any form of payment you supply is uncollectible for any reason, COMPANY may charge you a dishonored payment fee of $30.00 and shall void any and all guarantees.
Client also agrees to forward all mail received regarding their credit file to COMPANY within 5 days of receiving items from any of the three credit bureaus, Equifax (CSC Credit services for TX residents), Experian, and Trans Union.
If the Client fails to complete the payment schedule any and all refunds are forfeited and shall void any and all guarantee.
Furthermore, Client agrees to Money Back Guarantee/Cancellation policy
Contract is month to month from the start date of the agreement based upon initial credit reports being received. Either party may cancel this at any time with 30 days notice, sent in written format. Notice shall not be considered received unless confirmation of receipt has been received by all parties.
You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right.
J. I, the Client, understand that with proper information I could undertake the same or similar techniques to repair my own credit and as choosing to hire this Services Provider to undertake the services outlined in this agreement without duress or provocation. Client agrees to hold COMPANY and it employees, officers, directors, agents and representatives harmless from any claim, suit action or demand made by any of my creditors or any other person which may arise from the action(s) taken by my creditors in connection with any services rendered by COMPANY on my behalf. In the event COMPANY engages in collection efforts, client will be required to reimburse COMPANY for out-of-pocket expenses as the result of such efforts.IT IS AGREED THAT BY SIGNING BELOW AT THE BOTTOM OF THIS AGREEMENT, YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT, THAT YOU KNOW AND UNDERSTAND THE MEANING AND INTENT OF THIS AGREEMENT, THAT YOU ARE ENTERING THIS AGREEMENT KNOWINGLY AND VOLUNTARILY, AND THEREFORE AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE.
By signing below at the bottom of this agreement, I authorize COMPANY to charge the appropriate billing plan above to the credit/debit card info I have provided.
DISCLOSURE STATEMENT
COMPANY will:
COMPANY shall, upon initiation of agreement, provide prompt assistance to client in obtaining credit records for the client from all three credit reporting agencies Equifax (CSC for Texas Residents), Experian, and Trans Union.
COMPANY shall also, within the course of 3 to 7 business days of receipt of agreement, set up clients with their online private client site which will allow them to check progress throughout their maintenance agreement. A username will be provided to the client to access their online private client site, and the client will be responsible for setting their own password and security questions.
Also within 10 business days of enrollment into COMPANY credit restoration service the client shall be contacted by COMPANY in order to go over processes during the term of service with COMPANY credit restoration service.
COMPANY shall assist client in determining the action to take with each account in regards to that client's file. COMPANY is available to review each account on the client's personal credit file by calling the customer service numbers provided upon enrollment.
COMPANY shall prepare challenges for items appearing on the customer's credit reports which the customer indicates are inaccurate, incomplete, obsolete, or unverified as per the Fair Credit Reporting Act.
COMPANY will submit transmittals of challenges, within 3 to 7 business days but not to exceed 10 business days, of receipt of credit information and executed disclosure and agreement from customer.
Each consecutive month of service COMPANY shall prepare all follow-up challenges, as per the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Transactions Act and Fair Credit Billing Act and transmittal of the same.
Follow-up services will be fully performed by COMPANY every 35 days not to exceed every 40 days.
Every month the client shall forward copies of all materials received by the 3 credit bureaus, Equifax (CSC Credit Services for TX residents), Experian, & TransUnion, by mailing or faxing copies to COMPANY within 5 days of receipt. It is important to forward the materials received by the credit bureaus so the client's private client site can be updated expeditiously.
All items resolved will also be posted to the client's private client site, which is accessed online by the username and password provided to client upon initiation.
COMPANY shall also provide a client services for assistance in answering questions regarding client's accounts from Monday through Friday 9:00AM to 5:00PM EST.
COMPANY agrees only to challenge items under the above acts and as legally available.
By signing below at the bottom of this agreement, it is agreed that this Disclosure Statement has been received and agreed to by both parties.
NOTICE OF CANCELLATION (copy 1)
You may cancel this contract, without any penalty or obligation, within 10 days from the date the contract is signed.
If you cancel any payment made by you under this contract, COMPANY will return it within 10 days following receipt of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:
COMPANY
I hereby cancel this transaction on: ____________(date).
____________________________
Purchaser's Signature
NOTICE OF CANCELLATION (copy 2)
You may cancel this contract, without any penalty or obligation, within 10 days from the date the contract is signed.
If you cancel any payment made by you under this contract, COMPANY will return it within 10 days following receipt of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:
COMPANY
I hereby cancel this transaction on: ____________(date).
____________________________
Purchaser's Signature
I, CLIENT, hereby acknowledge with my digital signature, receipt of the Notice of Right to Cancel. I confirm the fact that I agree and understand what I am signing, and acknowledge that I have received a copy of my Consumer Credit File Rights.
*Digital Signatures: In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effects as traditional paper documents and handwritten signatures. Read more at the FTC website: http://www.ftc.gov/os/2001/06/esign7.htm