CREDIT REPAIR SERVICES  AGREEMENT

 

CREDIT REPAIR SERVICES  AGREEMENT

 

 

 

 

 

BETWEEN

 

 

______________________________________________________

 

(“The Client”)

 

 

 

AND

 

 

 

______________________________________________________

(“The Company”)

 

 

 

THIS AGREEMENT is made on the ……..…… day of…………..…………20……..…, is entered into by and between the Client and the Company  (Client and Company collectively referred to herein as the “Parties” or individually as the “Party”).

 

WHEREAS:

 

  • The Company is a credit repair services business based in Georgia that provides professional advice and counseling on how to repair and maintain good credit. It also assists in disputing inaccurate items on your credit report, and this includes error, correction, and deletion to increase the credit score of the Client.
  • The Company wishes to engage the Client to provide the Services.
  • The Company has indicated and warranted that it has the necessary skills, expertise, personnel, and equipment to carry out and complete the Services at the Contract Sum (a term defined below) and to the standards that are stated in this Agreement.
  • The CLIENT :

First Name(s):

________________________________________

Surname:

________________________________________

Identity / Social Security or Other (Specify) number:

________________________________________

Physical Address:

________________________________________

  • The Client now wishes to enter into this Agreement with the Company under which the Company will provide the Credit Repair Services.

 

THEREFORE, in consideration of mutual promises, representations, covenants, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following terms and conditions and to be bound thereby:

 

 

  1. DEFINITIONS AND INTERPRETATIONS
    • In this Agreement:
  • “Agreement” means this Agreement, its Schedules, Exhibits, and other documents (save as may otherwise be varied by this Agreement);
  • “Contract Sum” means United States Dollars……………..;
  • “Services” means the services rendered by the Company as provided under Schedule A;
    • In this Agreement, unless the context otherwise requires, any reference to:
  • the singular includes the plural and vice versa;
  • a person includes reference to a body corporate or other legal entity;
  • any written law includes that law as amended or re-enacted from time to time;
  • any agreement or other document includes that Agreement or other document as varied or replaced by the Parties in writing from time to time;
  • a clause is to the relevant clause of this Agreement;
  • any Party includes that Party’s successors and assigns.
    • Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.
    • The identification of certain breaches in this Agreement as being “Material” does not indicate that only those breaches are material.
    • Where the Agreement provides for the giving or issue of any notice, consent, approval certificate, or determination, it shall be in writing, and the words notify, certify or determine shall be construed accordingly. Routine communications relating to the performance of this Agreement may be conducted by electronic mail.

 

  1. application of terms and the Company UNDERSTANDING
    • Save as may otherwise be provided in this Agreement, the terms and conditions set out in this Agreement are the only terms on which the Client is prepared to deal with the Company. They shall govern the relationship between the Parties to the entire exclusion of all other agreements entered into with the Client concerning the provision of the Services.
    • If any ambiguity is found in the various documents forming this Agreement, the Company shall issue any necessary clarification or instruction.
    • All documents annexed to this Agreement shall be subject to the terms under this Agreement, provided that the Parties append their signatures on the documents.

 

  1. COMMENCEMENT AND DURATION

This Agreement shall come into force upon execution and shall remain in force until either Party terminates this Agreement or until a specified (date).

 

  1. TERM OF THE AGREEMENT
  2. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement and, or
  3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until a specified (date).
  4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide ten business days’ written notice to the other Party.
  5. Except as otherwise provided in this Agreement, the Company’s obligations will end upon the termination of this Agreement.

 

  1. THE OBLIGATIONS of the parties
    1. The Client shall undertake to supply the Company all relevant information necessary for the compliance of the Agreement by the Company.
    2. The Client shall pay to the Company the Contract Sum in such a manner and at an interval to be agreed upon by the Parties.
    3. The Company shall possess the technical resources necessary for the correct implementation of the Services within the term and under the conditions established in the present Agreement.

 

  1. LIABILITY OF THE PARTIES
    1. No Party shall be held liable for any portion of the Services, or the equipment forming part of the Services, where the same is the subject of a criminal offense caused by the other Party;
    2. No Party shall be held liable for the other Party’s misuse, abuse, or illegal action involving the Services or any product arising from the Services.

 

  1. WARRANTIES
    1. The Company warrants that it is skilled and competent to offer the services.
    2. The Company warrants that it will provide the Services with due care and diligence and to such high standard of quality consistent with applicable standards and as it is reasonable the Client to expect in all the circumstances;
  • in accordance with the provisions of this Agreement and such other instructions as may be given by the Client; and
  • in accordance with all applicable laws and consents.
    1. The Client warrants that:
  • the Client has the capacity to pay the Company for the Services provided.

 

  1. DISCLAIMER OF GUARANTEE OR WARRANTY
  2. The Company agrees only to perform the services described explicitly in Schedule A. below.
  3. The Company does not represent or warrant that it will achieve specific results for the Client.
  4. The Company does not represent or guarantee that the Client will receive new credit or loans, credit cards, or mortgages as a result of the Company’s services.

 

 

 

  1. INDEPENDENT CONTRACTOR

The relationship of the parties hereto is that of independent contractors. The parties hereto are not deemed to be agents, partners, or joint ventures of the others for any purpose as a result of this Agreement or the transactions contemplated thereby.

 

  1. DISPUTE RESOLUTION
    1. If any dispute arises between the Parties related to this Agreement, it shall be resolved by mediation between and among the parties. Parties shall act in good faith to resolve the dispute.
    2. In the event that a dispute cannot be resolved through good faith mediation, the Parties agree to submit to binding mediation.
    3. In the event of mediation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.

 

  1. INDEMNIFICATION

 

The Client agrees to defend, indemnify and hold the Company harmless from and against any and all claims, demands, actions, liabilities, costs, or damages arising out of the Company’s provision of services to the Client under this Agreement or the Client’s breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of the Company’s gross negligence or willful misconduct.

 

  1. VARIATION to the agreement

Either Party may request variations to the Agreement. The Parties shall enter into discussions to agree on any required changes, revised pricing, and time for performance.  Such variations will only be effective if agreed in writing by the Parties.

 

  1. Force Majeure
    1. For the purposes of this Agreement, “Force Majeure” means an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
    2. Force Majeure shall not include any event caused by the negligence or intentional action of a Party or such Party’s subcontractors or agents or employees or by a failure to observe good professional practice.
    3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
    4. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement.
    5. A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay. The Parties shall take all reasonable measures to minimize the consequence of any event of Force Majeure.
    6. A Party affected by an event of Force Majeure shall notify in writing the other Party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
    7. Not later than fourteen (14) days after the Contractor, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

 

  1. NO WAIVER

Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

 

  1. SEVERABILITY

If any provision of this Agreement is declared by any judicial or other competent to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of the Contractor, it may be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.

 

  1. COSTS

Each Party shall bear its costs incurred in the negotiation, preparation, and execution of this Agreement.

 

  1. APPLICABLE LAW

The Parties agree that the construction, validity, and performance of this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by ______________________ law.

 

  1. NOTICES

The Parties select as their respective addresses the addresses (including email) set out below for all purposes arising out of or in connection with this Agreement at which addresses only all processes and notices arising out of or in connection with this Agreement may validly be served upon or delivered by the Parties.

 

THE CLIENT:                        ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

 

THE COMPANY:                  ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

 

 

Either Party may provide changes in the above addressees by notice in writing given to the other Party as aforesaid.

 

 

IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.

 

 

Signed by the duly authorized representative of

the CLIENT

 

 

 

 

Signature:

Name:

Designation:

Date………………………………………..

 

  

Signed by the duly authorized representative of

the COMPANY

 

 

 

 

Signature:

Name:

Designation:

Date…………………………………………………

 

 

 

 

SCHEDULE A.

 

SOME OF THE SERVICES PROVIDED BY THE COMPANY;-

 

  • Help the Client obtain all their credit reports from the 3 major reporting agencies (Experian, Equifax and Transunion) if necessary.

 

  • The Company will do a complete Audit of the Client’s credit reports with them either by phone or in person to determine inaccurate, outdated and/or unverifiable information contained on their credit reports.

 

  • The Company will prepare the appropriate documentation to submit to CRA’s to initiate a disputes of inaccurate, outdated and unverifiable items appearing on the Client’s credit report.

 

 

  • The Company will prepare the appropriate documentation to submit disputes and validation requests directly to listed creditors/debt collectors on the Client’s credit report that the Company believes to be inaccurate, outdated and/or unverifiable.

 

  • The Client will log in and check the status of all documentation sent on his behalf to the CRA.

 

  • The Company will ensure that the Client’s information is maintained in a secure password-protected server system. Your information will only be released to authorize CRA’s, Creditors, and organizations necessary to complete the services described in this contract.

 

  • The Company will provide professional advice and counseling to the Client on how to repair and maintain good credit.

 

  • The Company will assist in disputing inaccurate items on your credit report.

 

  • The Company will assist in preparing the proper legal forms to be filed with the credit agencies reporting these incorrect items.

 

  • Complete a 90-day review with clients to go over the updated credit report.

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible. If the above sounds reasonable to you, please do not hesitate to write back.