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Tradeline / Consulting Lease Agreement
(NOTE: IF YOU ARE ORDERING ON ANYONE ELSE'S BEHALF, SCROLL TO THE NEXT CALLED BROKER AGREEMENT)
Wholesale Tradelines – Client Agreement
1. PARTIES. This agreement is intended to be a binding contract by and between Elite 7 and Up Credit Group (hereinafter “Elite 7”) and the undersigned client (hereinafter “Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to Elite 7 is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of Elite 7 as set forth herein, and that he/she will not use any of the services of Elite 7 or any information provided by Elite 7 for any unlawful purpose.
2. DEFINITION OF TRADELINE. The term “tradeline” technically refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline. The act of adding Client to another person’s tradeline consists of adding Client as an “Authorized User” on that person’s line of credit, resulting in the tradeline also appearing on Client’s credit bureau report.
3. SERVICES PROVIDED.
A. TRADELINES. Elite 7 agrees to identify one or more tradelines (as indicated in the “Tradeline Order” clause below) on behalf of Client and perform all functions necessary to have Client added to those tradelines as an “Authorized User” on or before the date of the first billing statement following the date of this agreement for each tradeline. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines until three (3) days after the second (2nd) statement/closing date for each tradeline after being added thereto, after which he/she will be removed therefrom. Accordingly, it is the understanding and intent of the parties that Client will maintain “Authorized User” status on each tradeline for two billing statement dates, and that Client will receive two postings of each tradeline to his/her credit bureau report. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. The client also understands that there is consulting work being done throughout this process and that fees charged for such purpose will be nonrefundable. Sometimes, for a variety of reasons, the Tradeline Order does not report on the first billing statement following the date of the agreement. In such cases, Client understands that the Tradeline Order will report on the next (second) billing cycle following the date of this agreement. If the Tradeline Order does not report on the second billing cycle, Elite 7 agrees to provide a replacement tradeline of greater or equal quality at no additional cost to Client. If the replacement line does not report for whatever reason, then a store credit will be issued if client does not desire an additional replacement line.
B. CREDIT SWEEPS. A “credit sweep” is a term of art which refers to a general review and evaluation of a credit profile and the subsequent initiation of disputes for problematic or inaccurate information contained therein. Specifically, by promising to perform a “Credit Sweep” Elite 7 agrees to (i) evaluate Customer’s current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information; (ii) to advise Customer as to the necessary steps to be taken on the part of Customer in conjunction with Our Company, (iii) to dispute any inaccurate, erroneous, false or obsolete information contained in the customer’s credit reports up to 4 rounds, (iv) To prepare all necessary correspondence in dispute of inaccurate, erroneous, false, or obsolete information in customer’s credit reports, (v) to review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion; and (vi) to provide consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
C. INQUIRY REMOVAL. Elite 7 agrees to review Client’s credit reports with a view towards identification, review and removal of old, non-current credit inquiries from the report. Non-current credit inquiries are inquiries which are not associated with current credit accounts maintained by the Client.
D. 5K PRIMARY. Elite 7 agrees to assist Client with obtaining a “primary tradeline” with a credit limit up to five thousand dollars ($5,000.00) which can be incorporated into the Client’s credit report.
4. FEES. Client agrees to pay, and Elite 7 agrees to accept as compensation, the fee specified in the “Order” clause below. Client understands and agrees that this fee is to be paid in full prior to the commencement of any work or delivery of any services by Elite 7. Client understands and agrees that no work will be performed by Elite 7 until it has received the entire fee, and that all fee payments received are to be considered earned upon receipt and non-refundable. Consequently, Client agrees that any partial fee payments received will not be refunded to Client in the event Client fails to pay the remainder of the fee, although Client will retain the right to pay the remainder of the fee and receive the services of Elite 7 for up to one year from the date of this agreement. Client further understands and agrees that after one year from the date of this agreement, any partial fees paid by Client shall be forfeited to Elite 7. Client further agrees that in the event any method of payment is returned or declined for any reason, Elite 7 may remove that Client from any tradeline to which that Client has been added until such time as that payment has been replaced with good funds.
5. FAILURE TO PERFORM. The parties agree that if Elite 7 is unable to identify all of the tradelines contemplated by this agreement, Client shall be entitled to a store credit equal to the total fee set forth herein divided by the total number of tradelines contemplated by this agreement, then multiplied by the number of tradelines that Elite 7 was unable to identify (ie, total fee ÷ total number of tradelines contemplated x number of tradelines not identified = refund). That is, the fee set forth herein has been calculated by multiplying the fee for each tradeline by the number of tradelines to be identified, with the fee for each tradeline being equal to the fee for each other tradeline and the fee for each tradeline consisting of an equal percentage of the entire fee. In the event Elite 7 is unable to fully perform, Client will be entitled to a store credit for only that percentage of the fee that Elite 7 failed to earn.
6. PROOF OF NON-PERFORMANCE. The parties agree that in the event Client has not been timely added to the specified tradeline(s) in accordance with the “Services Provided” clause above, FCFM shall have the sole and exclusive option of either adding the Client to a different tradeline of equal or greater quality, or refunding the Client’s fees to him/her within thirty (30) days of the date it receives written proof from the Client of FCFM’s non-performance, provided such written proof is received by FCFM by email or text message within twenty-one (21) days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon FCFM. It is further understood and agreed that FCFM shall not be bound or obligated to issue a refund, store credit, or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than email or text message as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith.
7. AUTHORIZATION. Client hereby grants to Elite 7 full authority to use his/her information for the sole purpose of adding him/her to the selected tradeline, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Client authorizes Elite 7 to perform any and all acts necessary to accomplish the goals of this agreement, and agrees to execute any and all documents necessary to facilitate Elite 7’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Client authorizes Elite 7 to sign and or electronically sign any and all documents pertaining to adding tradelines, credit sweeps, inquiry removal, 5k primary, on your behalf. Client further agrees that Elite 7 will exercise its sole discretion in choosing the specific tradeline to which Client will be added, provided that any tradeline chosen by Elite 7 will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which Client is listed as an “Authorized User” thereon.
8. USE OF PERSONAL INFORMATION. Client agrees to provide to Elite 7 any and all personal information necessary to allow Elite 7 to add that Client to the specified tradeline, and Elite 7 agrees that it will use any personal information received from Client solely for that purpose. Elite 7 will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement.
9. USE OF FALSE OR UNAUTHORIZED INFORMATION. Client agrees that he/she shall not use, provide, or submit to Elite 7, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, Elite 7 shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (i.e., remove the Client from any tradelines to which he/she has been added by Elite 7). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to Elite 7 shall not be refunded to Client but shall be retained by Elite 7 and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that Elite 7’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that Elite 7 does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
10. ASSUMPTION OF RISK. Client understands and agrees that there exists an inherent risk in providing his/her personal information to Elite 7, and in Elite 7 in turn providing that personal information to third parties on Client’s behalf. Client therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Client further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
11. RELEASE. Client agrees to permanently and irrevocably release Elite 7 and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by Elite 7, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
12. INDEMNIFICATION. Client shall fully indemnify, hold harmless and defend Elite 7 and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to Elite 7, any misrepresentation made to Elite 7, or the provision of any false, fraudulent, illegal or unauthorized information to Elite 7, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
13. DISCLAIMER. Client understands and agrees that any and all products and services offered by Elite 7 are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that Elite 7 does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from Elite 7 will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind including threats or harassment to Elite 7 or its employees shall constitute an immediate material breach of this agreement, and that in any such event Elite 7 shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by Elite 7 or discontinue a Credit Sweep or Inquiry Removal service). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to Elite 7 shall not be refunded to Client, but shall be retained by Elite 7 and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that Elite 7’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that Elite 7 does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that Elite 7 reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify Elite 7 for any fines or other penalties of any kind that Elite 7 may incur as a result of Client’s failure or refusal to cooperate with any such investigation.
14. ABSENCE OF GUARANTEE. Client understands and agrees that Elite 7 cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client’s credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by Elite 7 or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that Elite 7 may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Client.
15. LIMITATION OF LIABILITY. Client agrees that any liability on the part of Elite 7 for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of Elite 7, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to Elite 7 under this agreement. Client further agrees that Elite 7 shall not be liable for the acts or omissions of any third party, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by Elite 7.
16. LIMITATION OF ACTIONS. Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against Elite 7 more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.
17. CHOICE OF LAW AND FORUM. The parties further agree that any and all actions, proceedings or litigation brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, shall be initiated in Cobb County, Georgia and shall be decided in accordance with the laws of the State of Georgia.
18. ATTORNEY’S FEES AND COSTS. The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
19. NON-WAIVER. It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.
20. SEVERABILITY. It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
21. ENTIRE AGREEMENT. It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supercedes all other verbal or written agreements made prior to or concurrent with this agreement.
22. MODIFICATION. It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
23. TRADELINE ORDER. Client authorizes and directs Elite 7 to identify and add him/her to the applicable tradelines selected.
24. OTHER SERIVCES SPECIFIED IN ORDER FORM. Client further authorizes and directs Elite 7 to perform such and as many of the other services specified in the Client’s order form.
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EACH CLIENT WHO ORDERS FROM ELITE 7 ELECTRONICALLY SIGNS THAT THEY CERTIFY THAT THEY HAVE READ THE FOREGOING AND THAT THEY UNDERSTAND AND AGREE WITH EACH OF THE TERMS SET FORTH ABOVE AND IN THE DISCLOSURE STATEMENT.
NOTICE OF CLIENT’S RIGHT TO CANCEL:
“You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.”
NOTICE OF CANCELLATION You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed. If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization 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:
Elite 7 and Up Credit Group
I hereby, as of this ________ (day) of _________ (month), ________(year) cancel this transaction. By: ___________________ (Name of Client)
INFORMATION STATEMENT TO CLIENT.
1. You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor a 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 up to 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, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to 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 violated 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 that 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.
2. You should be aware that you have the right to raise a dispute directly with a consumer reporting agency if you discover any issues with the completeness or accuracy of any item contained in any file on you which is maintained by the consumer reporting agency.
3. You should be aware that accurate information cannot be permanently removed from the file of a consumer reporting agency.
4. You agree and acknowledge that you have received a detailed description of the services which Elite 7 will provide on your behalf, which includes an itemized fee schedule explaining the cost of each service. Generally, Elite 7 provides “tradelines” “credit sweeps” and other related services designed to improve your credit profile. These terms and the specific activities provided by Elite 7 for each service are described in the client contract previously provided to you.
5. You understand and acknowledge that in the event you are injured or suffer damages as a result of violations of the Georgia Credit Reporting Act.
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1. PARTIES. This agreement is intended to be a binding contract by and between Elite 7 and Up Credit Group (hereinafter “Elite 7”) and the undersigned Broker (hereinafter “Broker”). By signing this agreement, Broker certifies that he/she is at least 18 years of age, that the information he/she has provided to Elite 7 is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of Elite 7 as set forth herein, and that he/she will not use any of the services of Elite 7 or any information provided by Elite 7 for any unlawful purpose.
2. BROKER AS INDEPENDENT AFFILIATE OF Elite 7. Broker agrees and understands by entering into this agreement that he/she/it will be classified by the Company as an independent contractor and not a servant, employee or agent of Elite 7. Elite 7 may, from time to time, give such instructions to Broker as it considers necessary in connection with the Services that Broker is providing, which instructions Broker may be required to follow. Broker will promptly pay, and be solely responsible for paying, as the same become due and payable as a result or consequence of monies paid or payable by Elite 7 to Broker pursuant to this Agreement, all amounts payable pursuant to applicable tax statutes, workers’ compensation or workplace safety and insurance statutes, pension plan statutes, and any other taxes, statutory deductions, contributions, and assessments on income required by the State of Florida, the government of the United States, and any other government or regulatory authority, agency or body.
3. BROKER’S AGREEMENT TO INDEMNIFY Elite 7. Broker agrees to indemnify and hold harmless Elite 7 and every member of Elite 7’s staff and team from and against any and all lawsuits, claims, assessments, penalties, interest charges and legal fees and disbursements and/or taxes incurred as result of having to dispute, contest or defend any actions brought against Elite 7 in any civil, state, administrative, local, or federal proceeding arising from or as a result of the Broker’s negligence, gross negligence, recklessness, wanton or willful misconduct, or civil or criminal wrongful conduct of any kind. Broker acknowledges that it is solely responsible for its own compliance with State, Federal, and Local laws governing the credit repair industry and the acts and practices of credit repair organizations.
4. USE OF PERSONAL INFORMATION. Broker agrees to provide to Elite 7 any and all personal information, and personal information of Broker’s clients, necessary to allow Elite 7 to add those clients to the specified tradeline, and Elite 7 agrees that it will use any personal information received from Broker solely for that purpose. Elite 7 will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement.
5. USE OF FALSE OR UNAUTHORIZED INFORMATION. Broker agrees that he/she shall not use, provide, or submit to Elite 7, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, Elite 7 shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed. Broker agrees that in that event, any and all fees, costs and other money and funds of any kind paid to Elite 7 shall not be refunded but shall be retained by Elite 7 and considered to be liquidated damages for breach of this agreement. It is further understood and agreed that Elite 7’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that Elite 7 does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
6. SERVICES PROVIDED. The parties understand that Broker may, from time to time, refer Clients to Elite 7 for the purpose of facilitating improvement of credit scores, credit profiles and credit habits, in exchange for which the Broker is to be compensated at a rate negotiated by the parties. Broker understands that Elite 7 offers the following services, and promises to ensure that its Clients comply with the terms set forth below:
TRADELINES. Elite 7 agrees to identify one or more tradelines (as indicated in the “Tradeline Order” clause below) on behalf of Client and perform all functions necessary to have Broker added to those tradelines as an “Authorized User” on or before the date of the first billing statement following the date of this agreement for each tradeline. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines until three (3) days after the second (2nd) statement/closing date for each tradeline after being added thereto, after which he/she will be removed therefrom. Accordingly, it is the understanding and intent of the parties that Client will maintain “Authorized User” status on each tradeline for two billing statement dates, and that Broker will receive two postings of each tradeline to his/her credit bureau report. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. The Client also understands that there is consulting work being done throughout this process and that fees charged for such purpose will be nonrefundable. Sometimes, for a variety of reasons, the Tradeline Order does not report on the first billing statement following the date of the agreement. In such cases, Client understands that the Tradeline Order will report on the next (second) billing cycle following the date of this agreement. If the Tradeline Order does not report on the second billing cycle, Elite 7 agrees to provide a replacement tradeline of greater or equal quality at no additional cost to Client. If the replacement line does not report for whatever reason, then a store credit will be issued if Client does not desire an additional replacement line.
CREDIT SWEEPS. A “credit sweep” is a term of art which refers to a general review and evaluation of a credit profile and the subsequent initiation of disputes for problematic or inaccurate information contained therein. Specifically, by promising to perform a “Credit Sweep” Elite 7 agrees to (i) evaluate Customer's current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information; (ii) to advise Customer as to the necessary steps to be taken on the part of Customer in conjunction with Our Company, (iii) to dispute any inaccurate, erroneous, false or obsolete information contained in the customer's credit reports, (iv) To prepare all necessary correspondence in dispute of inaccurate, erroneous, false, or obsolete information in customer's credit reports, (v) to review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion; and (vi) to provide consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
INQUIRY REMOVAL. Elite 7 agrees to review Client’s credit reports with a view towards identification, review and removal of old, non-current credit inquiries from the report. Non-current credit inquiries are inquiries which are not associated with current credit accounts maintained by the Client.
5K PRIMARY. Elite 7 agrees to assist Client with obtaining a “primary tradeline” with a credit limit up to five thousand dollars ($5,000.00) which can be incorporated into the Client’s credit report.
7. FEES AND REFUND REQUESTS. Broker understands and agrees that all fees paid by Clients referred to Elite 7 will be governed by the terms and conditions set forth in Elite 7’s client agreement, which are set forth below. In the event Broker’s client requests a refund with Broker, Broker must contact a representative of Elite 7 to initiate a store credit request as refunds will not be provided. Broker is to instruct Clients represented by Broker that they must go through their agent, the Broker, to request any store credits. No direct contact from Clients represented by Brokers will be acknowledged by Elite 7.
8. FAILURE TO PERFORM. The parties agree that if Elite 7 is unable to provide services which Broker’s client paid for, then client shall be entitled to a store credit equivalent to the amount paid to Elite 7 for services which could not be rendered. If a refund is requested for tradeline orders which Elite 7 failed to provide as promised, the Client shall be entitled to a store credit equal to the total fee paid for tradelines divided by the total number of tradelines contemplated by this agreement, then multiplied by the number of tradelines that Elite 7 was unable to identify (ie, total fee ÷ total number of tradelines contemplated x number of tradelines not identified = store credit). That is, the fee set forth herein has been calculated by multiplying the fee for each tradeline by the number of tradelines to be identified, with the fee for each tradeline being equal to the fee for each other tradeline and the fee for each tradeline consisting of an equal percentage of the entire fee. In the event Elite 7 is unable to fully perform, Client will be entitled to a store credit for only that percentage of the fee that Elite 7 failed to earn.
9. OPPORTUNITY TO PROVIDE REPLACEMENT TRADELINE. The parties agree that in the event Broker’s client has not been timely added to the specified tradeline(s) in accordance with the “Services Provided” clause above, Elite 7 shall have the sole and exclusive option of either adding the client to a different tradeline of equal or greater quality, or issueing a store credit for the client’s fees to him/her within thirty (30) days of the date it receives written proof from the client of Elite 7’s non-performance, provided such written proof is received by Elite 7 by email or text message within twenty-one (21) days of the date by which client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon Elite 7. It is further understood and agreed that Elite 7 shall not be bound or obligated to issue a refund or to perform any other act, or to refrain from performing any other act, if the proof submitted by Broker or Broker’s client varies in any way from that specified above, is transmitted by any means other than email or text message as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith.
10. AUTHORIZATION. Broker hereby represents that it has obtained full authority from its clients to use and share their information with Elite 7 for the purpose of adding them to tradelines, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Broker authorizes Elite 7 to perform any and all acts necessary to accomplish the goals of this agreement, and agrees and promises to assist with execution of any and all documents necessary to facilitate Elite 7’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Broker authorizes Elite 7 to sign and or electronically sign any and all documents pertaining to adding tradelines, credit sweeps, inquiry removal, 5k primary, on client's behalf. Broker further agrees that Elite 7 will exercise its sole discretion in choosing the specific tradeline to which Broker’s Clients will be added, provided that any tradeline chosen by Elite 7 will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which clients are listed as an “Authorized User” thereon.
11. ASSUMPTION OF RISK. Broker understands and agrees that there exists an inherent risk in providing his/her clients’ personal information to Elite 7, and in Elite 7 in turn providing that personal information to third parties on those clients’ behalf. Broker therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Broker further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
12. RELEASE. Broker agrees to permanently and irrevocably release Elite 7 and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by Elite 7, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
13. INDEMNIFICATION. Broker shall fully indemnify, hold harmless and defend Elite 7 and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to Elite 7, any misrepresentation made to Elite 7, or the provision of any false, fraudulent, illegal or unauthorized information to Elite 7, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
14. DISCLAIMER. Broker understands and agrees that any and all products and services offered by Elite 7 are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that Elite 7 does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Broker agrees to ensure that any products and services its clients receive from Elite 7 will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, and that in any such event Elite 7 shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the client from any tradelines to which he/she has been added by Elite 7). Broker agrees that in that event, any and all fees, costs and other money and funds of any kind paid to Elite 7 shall not be refunded to Broker’s clients, but shall be retained by Elite 7 and considered to be liquidated damages for the clients’ breach of this agreement. It is further understood and agreed that Elite 7’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that Elite 7 does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Broker further understands and agrees that Elite 7 reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Broker further agrees to indemnify Elite 7 for any fines or other penalties of any kind that Elite 7 may incur as a result of its clients’ failure or refusal to cooperate with any such investigation.
15. ABSENCE OF GUARANTEE. Broker understands and agrees that Elite 7 cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Broker’s clients’ credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by Elite 7 or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that Elite 7 may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Broker or Broker’s clients.
16. CHOICE OF LAW AND FORUM. The parties further agree that any and all actions, proceedings or litigation brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, shall be initiated in Cobb County, Georgia and shall be decided in accordance with the laws of the State of Georgia.
17. NON-WAIVER. It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.
18. SEVERABILITY. It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
19. ENTIRE AGREEMENT. It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supercedes all other verbal or written agreements made prior to or concurrent with this agreement.
20. MODIFICATION. It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
21. ATTORNEY’S FEES AND COSTS. The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
22. COMPLIANCE WITH GEORGIA CREDIT REPAIR ORGANIZATIONS ACT AND FEDERAL REGULATIONS. Broker hereby represents that it has taken all actions and provided all disclosures to its clients, which it refers to Elite 7, as required by the Georgia Credit Repair Organizations Act, the Federal Credit Repair Organizations Act, and other applicable State, Federal and local Regulations.
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