TRADELINE USER AGREEMENT
THIS AGREEMENT is made between 800creditnow.com (hereinafter “COMPANY”) of email address: email@example.com and phone number: 844-422-2426 and the undersigned Client (hereinafter “Client”) (collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.
CLIENT ACKNOWLEDGMENTS: The Client acknowledges that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. In addition, they acknowledge that they have the capacity to contract and enter into this agreement; this includes but is not limited to being 18 years and above and having authority to instruct the COMPANY herein, and that further, they have entered into this agreement freely and voluntarily. The Client further acknowledges that they have read and understood the contents herein and agree to be legally bound by them by signing this agreement.
The Client also acknowledges that they have provided true, legal, and complete information to the COMPANY, and they shall comply with all relevant laws, rules, and regulations failure to which the COMPANY may terminate this agreement, reverse any previously performed services (i.e., remove the Client from any tradelines to which COMPANY has added them), and make a report. The Client in this instance shall not be entitled to any refunds, and the Client shall be liable for any damages the COMPANY may be entitled to under law and equity.
SERVICES PROVIDED: The COMPANY shall identify and add the Client to tradelines as an “Authorized User” subject to the advance knowledge, approval, and participation of the tradeline’s primary account holder. This shall be done before the first billing statement date after execution of this agreement per tradeline.
The COMPANY shall endeavor to have the Client is added as an authorized user to the tradeline (a line of revolving credit) within two (2) business days, excluding weekends and bank holidays.
While COMPANY has no direct control over this, the Credit Partners must keep their accounts in good standing with on-time payments and keep their balances low (15 percent or less of the entire credit limit).
After being added to certain tradelines, the Client will maintain “Authorized User” status on those tradelines for two (2) billing/posting cycles, after which they will be removed.
The Client will maintain “Authorized User” status on each tradeline for two billing statement dates, Client will receive two consecutive postings of each tradeline to their credit bureau report, and this “Authorized User” status shall be reported by two (2) or more credit bureaus.
Business Lines report to four (4) Bureaus (Equifax, Experian, Dunn & Bradstreet, and Lexis Nexis) time-frame of posting is forty five to sixty (45-60) business days. Upload date is the 20th of every month.
Auto Primary Lines report to two (2) Credit Bureaus (Equifax and Experian) posting time thirty (30) business days from submission. Upload date is the 25th of every month.
If the Client’s authorized user status has not been posted to the credit bureaus as outlined above within the reporting period, the COMPANY shall refund the fees paid by the Client to the Client’s within seven (7) days of receiving written proof from the Client on the same through email within twenty-one (21) days of the date the said tradeline should have been reported. In addition, to the aforementioned, the Client must confirm that the tradeline is not being reported on at least two out of the three major credit bureaus (Experian, TransUnion, and Equifax) and that their credit report has been updated with all three bureaus after the last date within the reporting period to qualify for a refund.
All refund requests must be made in writing and forwarded to the email address listed at the beginning of this agreement, together with proof of non-posting in the form of copies of your dated credit reports. Our refund department will look at refund claims within five (5) business days, and any refunds due will be paid within three (3) business days, subject to normal fund transfer periods. Please keep in mind that our refund department is closed on weekends and holidays.
COMPENSATION: The Fees paid by the Client to the COMPANY as compensation for the services rendered are non-refundable unless otherwise stated, and the COMPANY’S performance of the services is dependent on the complete pre-payment of the fees. The COMPANY reserves the right to withdraw that Client from any tradeline where the Client’s means of payment is returned or declined for any reason until the fees are received by the COMPANY.
AUTHORIZATION: The Client authorizes COMPANY to use the Client’s information, including but not limited to personal information, and to perform any and all acts necessary to honor the COMPANY’S obligations in this agreement. The COMPANY will only use the Client’s information to honor their obligation in this agreement. Without limiting the generality of the foregoing, the COMPANY may verify the Client’s details using third-party verification services of the COMPANY’S choosing. The Client shall execute all documents necessary herein, including but not limited to a power of attorney or letter of authorization.
ASSUMPTION OF RISK: The Client acknowledges and accepts that giving personal information to COMPANY, and COMPANY in turn providing that sensitive information to COMPANY Credit Partners on Client’s behalf, carries an inherent risk. As an Authorized User, the Client also recognizes the hazards of being connected with someone else’s tradelines. The Client acknowledges that the Credit Partner’s lenders/credit card issuers may launch fraud investigations into the addition of any authorized users to the Credit Partner’s accounts and that claims of bank fraud may be filed against the Client as a result of having been added as an authorized user to any of the Credit Partner’s accounts. The Client also acknowledges that there is a chance that the Credit Partner will default on their tradeline, that the Credit Partner will overspend on their account by owing more than 15% of their tradeline, and that the tradeline will be closed. In any of these cases, COMPANY will offer a complete refund to the Client, and COMPANY will be subject to the restrictions on responsibility set forth in this agreement’s Limited Liability section.
LIABILITY AND INDEMNITY: THE CLIENT HEREBY AGREES TO DEFEND, INDEMNIFY, HOLD HARMLESS, AND PERMANENTLY AND IRREVOCABLY RELEASE THE COMPANY, ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND ANY PARTY WHO MAY CLAIM THROUGH THE COMPANY FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS, JUDGMENTS, COURT COSTS AND LEGAL OR OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) INCURRED UNDER THIS AGREEMENT.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR SERVICES PERFORMED HEREUNDER.
NO GUARANTEE: THE COMPANY DOES NOT MAKE ANY GUARANTEE WITH RESPECT TO THE SERVICES PROVIDED AND DISCLAIMS ANY, AND ALL GUARANTEES EXPRESS OR IMPLIED. The parties hereto acknowledge and agree that COMPANY cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, COMPANY shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. COMPANY will use its best efforts and does not promise results in and not limited to the Client’s credit score.
LIMITATION OF LIABILITY: Client agrees that any liability on the part of COMPANY 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 COMPANY, whether in contract, tort or otherwise, shall be limited to the amount of any fees paid by Client to COMPANY under this agreement. The Client further agrees that COMPANY shall not be liable for the acts or omissions of any third party, including but not limited to our credit partners, without regard to whether that third Party claims to be, or is in fact, acting on behalf of, at the direction of, or under any instructions or information provided by COMPANY.
LIMITATION OF ACTIONS: Client acknowledges that no action, proceeding, or litigation arising out of, relating to, or in any way connected with this agreement may be launched against COMPANY more than six (6) months after the first date on which the cause of that action may have reasonably been discovered via due diligence.
NON-ASSIGNMENT: The Client shall not transfer or assign this agreement without the COMPANY’s consent. However, the COMPANY may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Client’s consent. If the COMPANY does so, anyone to whom the COMPANY transfers, assigns, or subcontracts any or all of its obligations will have all of the COMPANY’s rights with respect to such obligations.
CONFIDENTIALITY: All non-public, confidential or proprietary information of COMPANY, disclosed by COMPANY to Client, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this contract is confidential, solely for the use of performing this contract and may not be disclosed or copied unless authorized in advance by COMPANY in writing. Upon COMPANY’s request, Client shall promptly return all documents and other confidential materials received from COMPANY. The COMPANY shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Client at the time of disclosure, or (c) rightfully obtained by Client on a non-confidential basis from a third party.
FORCE MAJEURE: For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party 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.
A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.
- Either Party may terminate this agreement upon giving the other Party no less than ________days’ notice in writing. If a Party wishes to terminate the contract with less than these stated days, the other Party reserves the right to charge costs they have already paid in advance or incurred.
- The termination of this agreement shall not discharge the liabilities accumulated by either Party.
- Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
DISPUTE RESOLUTION: Parties agree to settle disputes under this agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation
GOVERNING LAW: This agreement shall be governed in all respects by the Laws of Birmingham, Alabama’s without regard to its conflict of law provisions.
COURT COSTS AND ATTORNEYS’ FEES: In any action under this agreement, the prevailing Party shall be entitled to recover costs of court and reasonable attorneys’ fees from the other Party, which fees shall be in addition to any other relief that may be awarded.
ADDITIONS, ALTERATIONS, OR MODIFICATIONS: Where it shall appear to the Parties that this agreement, or any terms and conditions contained in this agreement, are in any way ineffective or deficient, or not expressed as originally intended, and any alteration or addition shall be deemed necessary, the Parties will enter into, execute, and perform all necessary further deeds and instruments. Any addition, alteration, or modification shall be in writing.
NO WAIVER: Except where this agreement provides otherwise, the rights and remedies contained in it are not exclusive to rights or remedies provided by law. Failure by either Party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
SEVERABILITY: Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable; the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this agreement. The Parties will exercise utmost good faith in this agreement.
COUNTERPARTS: This agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall together constitute the same instrument.
HEADINGS: The article and section headings in this agreement are for convenience; they form no part of this agreement and shall not affect its interpretation.
PRONOUNS: All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this agreement: words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, and words in the singular shall mean and include the plural and vice versa.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as set forth below.
________________________________ _______________________ _______________________
Printed Name Signature Date
________________________________ _______________________ _______________________ Printed Name and Designation Signature Date
We acquire personal information from you through your interactions with us on our websites, portals, email communications, telephonic communications, mail services, and face-to-face encounters.
Some of the information collected includes your:
Date of birth;
Driver’s license information;
Social Security Number (SSN);
Credit Protection Number (CPN);
Employer Identification Number (EIN); and
Taxpayer Identification Number (TIN).
Below please find instances of why and when we may share the information and any restriction you may impose. Please get in touch with us on phone number: 844-422-2426 for any questions or instructions on the same.
- For the effective running of our business operations such as releasing the Personal Information to third parties involved in adding Client as an Authorized User. Please note that you cannot limit us from sharing the information under this provision.
- We may use the information to market our products and services to you. Additionally, we may also share the information with third parties that aid us in offering our said products and services. Please note that you are not mandated to accept any marketing from us for any products other than the products or service you have contracted for.
- For joint marketing with other financial companies wherein, we may share your information with other parties. Please note that you cannot limit us from sharing the information under this provision. Joint marketing is a formal agreement between non-brokered financial firms to sell financial products or services to you jointly.
- For our Brokers’ everyday business purposes, information about your transactions and experiences is needed. Please note that you cannot limit us from sharing the information under this provision. Brokers are businesses that share joint ownership or control. Companies in both the financial and non-financial sectors are eligible. Non-Brokers Companies that are not owned or controlled by the same person. Companies in both the financial and non-financial sectors are eligible.
We provide you the right to limit any sharing that is not immediately needed to facilitate our contractual services and the delivery of contracted items, even though federal law does not compel it. Where you set a limit on sharing for an account that you share with another person, we limit sharing for both individuals to guarantee that your wishes are respected,
Please note that if you are a new customer, we will be able to start sharing your information five (5) days after we send you this notice. We continue to disclose your information as indicated in this notice, even if you are no longer our customer. You can, however, contact us at any time to request that we limit our sharing.
We use commercially reasonable methods to protect your information, such as security cameras, alarm systems, security protocols, computer safeguards, employees training on securing your information, and encrypted storage. However, we cannot guarantee 100% security of your information.
Vermont, California, and Nevada Customers
Due to a Vermont regulation, we regard customers with Vermont billing addresses as if they requested that we do not disclose their information with non-brokered third parties and that the information we share with Brokers be limited. We will only release your name, address, other contact information, and information about our transaction and experiences with you if we disclose information about you to non-brokered third parties with whom we have joint marketing agreements.
As a result of California legislation, we shall regard individuals with California billing addresses as if they had requested that their information not be shared with non-broker third parties unless the applicable California law allows it. To comply with California privacy laws that apply to us, we shall limit sharing information about you with our Brokers. Residents of California have the right to seek a list of all third parties to whom we have shared specific information for direct marketing purposes in the previous year. If you live in California and would like a copy of this list, don’t hesitate to get in touch with us through the email address: firstname.lastname@example.org and phone number: 844-422-2426.
This information is being sent to you per Nevada law. By emailing us at the above address, you can be added to our internal Do Not Call List. According to Nevada law, we must additionally give you the following contact information: 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; phone: 702-486-3132; email: BCPINFO@ag.state.nv.us. Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; phone: 702-486-3132; email: BCPINFO@ag.state.nv.us.
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