CREDIT CARD TRANSACTION FORM

SERVICE AGREEMENT CLIENT VERIFICATION

Total Consolidated Balance:                                                       $            ABCD Program Enrollment: One-Time Set-Up Cost:             $ NONE            ABCD Monthly Monitoring: The Payment quoted is estimated and is subject to change upon DOE certification of income and loan balances: 100% Money Back Guarantee of ABCD Program Enrollment if the DOE rejects application

By signing above: I hereby authorize ABCD to initiate credit entries to my (our) Credit card account. ABCD is sanctioned to debit the account(s) indicated on the information provided above, from the financial institution said accounts established with, also identified above. This authorization is binding until ABCD has received written notification to cancel from me (or person(s) representing party) stating the termination of this agreement in such manner, as define in the original agreement, to offer ABCD reasonable opportunity to act as define upon it.

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Submit request via Fax or Mail to the following: Fax:1 (702) 555-5555

TRANSACTION SCHEDULE

INVOICE

The signature(s) provided below on this Complete Payment Authorization and Schedule Form authorizes payment on services rendered by ABCD. ABCD is authorized to charge my account (listed in Section D on the Service Agreement Client Verification) in the amount listed above for the products/services that are outlined and enclosed in the invoice and agreement. I have discussed and understood the products/services in the invoice and agreement provided by ABCD and recognizes these as the product/services proffered by ABCD. In the case of returned payment and /or chargeback, I (we) understand and accept that a fee will be applied and charged to my (out) account

Borrower Signature                                                                     Date

Co-Borrower Signature                                                               Date

 

STUDENT LOAN CONSOLIDATION AND REPAYMENT PLAN SERVICES

This Student Loan Consolidation and Repayment Plan Services Agreement (hereinafter the “Agreement”) is Agreement is made on the…………day of December, Two Thousand and nineteen (2019).

BETWEEN;

ABCD, a California Corporation (the “Company”) of the one part;

And:

Xxxx of the address stated on Service Agreement Client Verification Page (the “Client”) of the other part.

WHEREAS;

1. The Company is in the business of arranging and processing Federal Student Loan Consolidation and Repayment Plan Applications through the US Department of Education (“DOE”) for clients with qualifying Federal Student Loans; and
2. The Client is desirous of employing the Company to perform the following services (“Services”): (1) analyze Client’s Federal Student Loan debt situation; (2) research potential debt restructuring or repayment options that are available to Client; (3) present Client with the results of such research; (4) prepare a Federal Student Loan Consolidation plan and application for Client; and optionally (5) continue to manage said repayment schedule on behalf of client by monitoring the file and providing the necessary paperwork to DOE or loan servicer on Client’s behalf throughout the term of the loan to ensure that Client continues to receive the maximum benefits offered by the DOE program.
3. The Company has agreed to provide the Services in accordance with the terms and conditions set out in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows:

 

 

1. Operative
   • This Agreement shall be valid for a period of………..beginning on………..…..January, 2019.During the subsistence of the Agreement, the Company shall receive all information and verified documentation from Client, upon which it shall prepare Company will prepare the initial DOE paperwork and send said documents to Client for signature.
   • Upon signature of all documents, the Company shall review and process the documents for submission to the DOE. The Company shall further monitor the application status with the DOE if Client elected such service on the Service Agreement/Client Verification form.

 

2. Consideration/ Fees
   • The Company shall not process the Client’s account until the Client has paid the fees to the Company.
   • In consideration of the services rendered by Company, Client agrees to pay to Company an Enrollment Fee of $_______ which shall be deducted from the Client’s financial institution as listed on Service Agreement Client Verification Page or such other financial institution that may be used by Client.
   • It is agreed and understood that in the event of Client’s default of the obligations herein, the Company shall have the power to debit Client’s account for the full amount due under this agreement and the Client undertakes to authorize their financial institution to accept and to charge any debit entries initiated by Company to Client’s account.
   • A fee/payment (whether paid by debit or other means) that is not honored by Client’s financial institution for any reason will be subject to a $20.00 service fee, the amount of which may be debited from Client’s account by Company. Client agrees to pay an additional $15.00 fee monthly if Client fails to provide Company with a valid financial institution account for automatic debits at any point after Company begins the consolidation and servicing process.

 

3. Limited Money Back Guarantee
   • By this Agreement, the Company hereby provides a 100% money back guarantee of the Enrollment Fee only if the DOE rejects Client for a Federal Student Loan Consolidation or Repayment Plan after reasonable efforts by both parties, subject to the following conditions: (1) student loans that Client presents to Company are original debts, and have not been previously consolidated or had their terms or amounts previously adjusted; (2) Client fully cooperates, is honest and timely in providing all information requested by Company and DOE; and (3) Client does not possess a characteristic that pursuant to DOE rules would disqualify Client from receiving a consolidation.
   • Notwithstanding the terms of Clause 3.1 above, no refunds or prorated refunds shall be given to the Client after the expiration of the cancellation period as identified in this Service Agreement. Further, no refunds will be given after the Company has provided DOE paperwork to Client by mail or electronic delivery, or if Client fails to continue the process after the signing of this document.

 

4. The Company’s covenants
   • The Company hereby covenants with the Client that it shall undertake the services set out under Clause 1 above.
   • It is agreed and understood that the Company shall not have the obligation to provide any services to Client other than those set forth above and in the Service Agreement Client Verification Form.
   • Subject to the terms and conditions of this Agreement, the Company will use its commercially reasonable efforts in good faith to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper or desirable, or advisable under this Agreement and applicable laws, to perform and fulfill all obligations to be performed and fulfilled under this Agreement.

 

5. The Company’s covenants
   • The Client hereby confirms that the Company has provided them with a counseling session with a Company Student Loan Counselor. Accordingly, the Client covenants and agrees to, at all times, provide Company with information and documents that are complete, accurate, and true to the best of their knowledge and belief.
   • The Client further covenants to pay all sums due to the Company timeously and in accordance with the terms of this Agreement. Time shall be of the essence in respect of the payment of all such sums.
   • The Client shall cooperate with the Company and provide all reasonable assistance to Company in order to allow for Company to provide the Services hereunder.

 

6. Indemnity

It is agreed and understood that the Client shall indemnify and hold harmless the Company from and against claims, demands, losses, costs, damages, actions, suits, or proceedings that arise out of this Agreement and from any other liability except in cases where negligence can be proved on the part of the Company.

7. Termination
   • The Company provides Client with the right to cancel this Agreement, without cost to Client, within five (5) business days of the date Client executes this Agreement. Such termination shall only take effect upon the Client serving the Company with a written notice of the intention to terminate. If the Notice is served via email, it shall be Client cancels via email or Fax, the termination shall only take effect if the Company receives the notice at the below address/number, no later than midnight of the fifth (5) business day, following the date of Client’s execution of this Agreement. Sunday is not considered a business day.

Please fax or email to:

Email: cancel@abcdcompany.com

Fax: (702) 555-5555

• If Client cancels this Agreement within the five (5) day period, all funds paid by Client to Company (other than the non-refundable set up fee) will be returned to Client.

8.      Facsimile or electronic signatures

• The parties mutually understand and agree that signature of a facsimile copy of this Agreement or electronically signed shall be deemed an original for all lawfully enforceable purposes. The Client agrees, unless specifically requested otherwise, that by entering into transactions with Company, the Client affirms consent to receive, in an electronic format, all information, copies of agreements and correspondence from Company and to also send information in an electronic format unless previously agreed upon in writing with Company.
• The Client authorizes the Company to provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and the Client intends and agrees that those electronic communications will be given the same legal affect as written and signed paper communications.
• Notwithstanding clause 8.2 above, the Client reserves the right to receive a paper copy of any of these electronic records, if applicable law specifically requires the Company to provide such documentation. The Client’s consent may be withdrawn at any time upon the Company’s receipt of such withdrawal. Withdrawal of consent will decrease the speed of completion of transactions and delivery. To inform the Company of a decision to; withdraw consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information you may send an email to: Customer@Company.com, call us at: (877) 555-5555, or a letter to the following address: Company 555 Main Street, Denver, CO 82001.

9.      No tax or legal advice provided

The Company and its agents do not and will not provide tax or legal advice. As such, the Client is advised and expected to consult with a lawyer, accountant, or tax advisor regarding the tax and legal consequences of participation in any program.

10.  Third party authorization form

The attached Third Party Authorization Form will serve to acknowledge that the Client has authorized the Company to act on their behalf to review and prepare applications and perform the Services. The Client hereby authorizes the Company to verify all of the Client’s past and present employment earnings records, bank accounts, stock holdings, and any other asset balances that are needed to perform services or process the Clients Federal Student Loan Consolidation or Repayment Plan Application. It is understood that a copy of this form will also serve as authorization. The Information obtained by the Company pursuant to this Clause will only be used for the Services prescribed in this Agreement.

11.  Notices and consent given

The Company records and archives all incoming and outgoing telephone calls. The Client hereby consents to such recordings and/or monitored phone calls for quality assurance purposes. The Client understands that Company will need to contact Client for various servicing issues throughout the consolidation period and subsequent servicing timeframe, and Client consents to allow Company to contact Client via Client’s e-mail address and any telephone numbers that Client has provided to Company.

12. Assignment

The Client understands and consents that Company has the right to assign or sell Company’s servicing portfolio, and that the assignee/buyer must be bound by all provisions of this Service Agreement between the Client and the Company.

13. Complaint policy

The Company’s goal is to provide exceptional service to our clients. While every effort is taken to ensure we treat our clients in a fair, courteous, and honest manner, we are also subject to error. We believe that our clients have the right to voice their opinion and the right to have their complaints addressed. We also believe that a successful organization must be willing to evolve in order to meet the needs of its clients. Therefore, we have established a complaint process for clients who are unsatisfied with the service or treatment they receive. How to send in a complaint: In the event you are unsatisfied with our service, please direct your comment or complaint with the employee or team responsible. If the individual employee cannot resolve the matter, we will engage the relevant manager or director to try to resolve the matter. We will always attempt to resolve your concerns at the first point of contact. However, if you are not satisfied with the resolution provided, you may then notify our Compliance Officer in writing at:

E-mail address:	Complaint@abcdcompany.com
Mailing address:	Company Attention: Compliance Officer 555 Main Street Denver, CO 82001

Please include the following in your written correspondence: A clear description of the complaint and any suggestions you may have that would resolve your grievance. Details of any relevant information relating to any contacts you may previously have had with Company on this subject. Whether it is an original complaint, or a follow-up to a reply you were not satisfied with. Your complete contact information (including full postal address, telephone number, and e-mail address) and your date of birth (for verification purposes). The Company strives to resolve all complaints as quickly and efficiently as possible. Client can expect to receive a response from Company within 10 business days after submitting a complaint. If Client’s case is particularly complex and cannot be resolved within 10 days, Company will provide Client with an estimated time in which to receive a response.

14. Governing law

This Agreement shall be construed and enforced in accordance with the internal laws (without reference to choice or conflict of laws principles) of the State of California.

 

15. Dispute resolution

All disputes or differences which shall at any time arise between the parties concerning any matter in relation to this Agreement shall first be resolved amicably through conciliation, negotiation or Arbitration. Any suit, action, or other proceeding brought against any of the parties to this agreement or any dispute arising out of this Agreement or the transactions contemplated hereby must be brought either in the courts sitting in Orange County, California, or in the United States District Court for the Central District of California and by execution and delivery of this Agreement, each party accepts the jurisdiction of such courts and waives any objections based on personal jurisdiction or venue.

16.  Severability

Each of the provisions of this Agreement is severable and distinct from the others and if at any time one or more of such provisions is or becomes invalid illegal or unenforceable the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

17.  Force majeure

Neither party shall be responsible or liable to the other party for delays or failures (including any delay by the Company to make progress in the provision of any Services) if such delay arises out of causes beyond its control.  Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or omissions of the United States Government or any of its agencies and branches.

18.  Headings and captions

The headings and captions used in this Agreement are for convenience only, and shall not in any way affect the interpretation of the provisions of this Agreement.

19. Entire agreement

This contract represents the complete agreement between the Client and the Company. As such, any changes or modifications to the contract can only be made by a mutual agreement of the parties in writing.

 

 

 

CLIENT(S): BY SIGNING BELOW (ELECTRONICALLY OR PHYSICALLY), CLIENT HEREBY ACKNOWLEDGES THAT CLIENT HAS NOT BEEN ADVISED BY COMPANY, ANY OF ITS AGENTS, AND/OR AFFILIATES TO FOREGO A STUDENT LOAN PAYMENT IN EXCHANGE FOR THE ENROLLMENT FEE PAYMENT FOR COMPANY’S SERVICES. COMPANY IS NOT A LENDER OR SERVICER OF ANY SORT. DURING THIS PROCESS, CLIENT IS RESPONSIBLE FOR MAKING

HIS OR HER PAYMENTS, AND FAILURE TO DO SO COULD DISQUALIFY THE CLIENT FROM OBTAINING THE BENEFIT FROM THE SERVICES THAT COMPANY INTENDS TO PROVIDE HEREUNDER. CLIENT FURTHER ACKNOWLEDGES THAT COMPANY, AND/OR ANY OF ITS AGENTS HAVE PROVIDED NO GUARANTEES TO CLIENT OF A SPECIFIC OUTCOME, AND A POSITIVE OUTCOME CANNOT BE GUARANTEED. CLIENT HAS BEEN ADVISED THAT ALL INFORMATION REQUIRED FOR CONSOLIDATING OR QUALIFYING FOR A REPAYMENT PLAN FOR THEIR LOANS AND/OR GARNISHMENT LOAN IS AVAILABLE TO THEM DIRECTLY AT NO COST THROUGH THE DEPARTMENT OF EDUCATION AND HAS DECIDED ON THEIR OWN ACCORD TO PROCEED WITH THE SERVICES PROVIDED BY, AND THE ASSISTANCE OF, COMPANY. CLIENT UNDERSTANDS COMPANY DOES NOT OR WILL NOT PAY CLIENT STUDENT LOAN. COMPANY’S SERVICES AND PROGRAM HAS BEEN EXPLAINED IN FULL AND TO CLIENT’S SATISFACTION. CLIENT IS FULLY AWARE AND UNDERSTANDS WHAT CLIENT IS ENROLLING IN.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Agreed to and accepted by:

COMPANY                                                                         CLIENT

Title:  President

Date:

THIRD PARTY AUTHORIZATION

TO: ANY AND ALL OF MY STUDENT LOAN CREDITORS:

I, hereby duly authorize, empower and appoint Company, its agents and representatives, permission to perform any acts necessary or convenient on my behalf, including but not limited to, the following:

1. Prepare, sign, and file any documents pertaining to my student loans with any governmental body or agency, represent me in all student loan matters including: negotiating, compromising, or settling any matters with said government agencies, and communicate on my behalf as I would were I present and acting with any and/or all of my federal student loan providers.
2. To communicate with banks, creditors, financial institutions, licensed collection agencies, and all other related entities and individuals relating to my federal student loans, including but not limited to: the balance of my account, payment history verification of the account and any and all necessary communications, correspondence, and negotiations regarding my account(s). I assert that all of the information that I have provided and will provide Company is true and accurate.
3. I hereby authorize third party communication from banks, creditors, financial institutions, licensed collection agencies, and all other related entities and individuals relating to my federal student loans, to communicate directly with Company concerning my account or the collection activities associated with it, in accordance with Section 805(b) of the Fair Debt Collection Practices Act. I further request that all of my lenders direct all further telephone calls to: Company of 555 Main Street , Denver, CO 82001, (877) 555-5555. Any and all communications directed to me will be referred to Company and per my instruction lenders and servicers should only deal directly with Company. I understand that Company is not a law firm, is not licensed to practice law or provide legal advice, and that I will not request or accept, any legal advice from Company relating to my personal financial situation. I expressly agree to waive, forgo, indemnify and defend any claim against Company relating to the practice of law.

I understand that any creditor or collection activity, demands, or lawsuits are unrelated to my enrollment in the Company program.

I agree that any electronic or facsimile copy of my signature shall be deemed original and is an authorization by me for all lawfully enforceable purposes.

This Third Party Authorization shall remain in force until or unless modified or rescinded in writing, or upon resolution of the current matter.

This Third Party Authorization granted to Company shall remain in force unless it is rescinded or modified in writing or upon Printed Name:

NOTICE OF RIGHT TO CANCEL

1. YOUR RIGHT TO CANCEL:

ABCD is in the business of providing student relief services for our CLIENT(S). CLIENT(S) have signed and agreed to the terms and conditions of the above AGREEMENT.  _ABCD is providing CLIENT(S) with the right to cancel the AGREEMENT, without cost; within five (5) business days of the date CLIENT(S) signed the original AGREEMENT.

If CLIENT(S) cancels the AGREEMENT within these five (5) day period, the funds will be returned to CLIENT(S).

ABCD will return any funds CLIENT(S) paid to ABCD, and/or to anyone else in connection with the AGREEMENT.

Upon expiration of the cancellation period, as identified in this Service Agreement, there will be no refunds.

2. HOW TO CANCEL:

If you decide to cancel this AGREEMENT, you may do so, by notifying us in a written letter, expressly stating the right to cancel, signed and dated by the same person(s) signing this document.

Please fax or email to:

Email: cancel@abcdcompany.com

OR Fax: (702) 555-5555

Please note if you cancel via mail, we must receive the above notice at the below-address, no later than midnight of the fifth (5) business day, following the date of your signing the Agreement. Sunday is not considered a business day. If CLIENT(S) fax and/or hand-deliver a written notice to cancel; it must be delivered to the above address no later than that timeframe.

Printed Name:

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