Business Credit Consulting Agreement

Transcription

1 Business Credit Consulting Agreement THIS AGREEMENT is entered into by and between Business Credit Advisor or Business Credit Coach ( Advisor ) Business Credit Consulting Client ( Client ) and the Business Credit Consultant ( Consultant ) upon the following terms and conditions: WHEREAS Client desires to obtain Advisor s consulting services in conjunction with a business the Client has an interest in. WHEREAS Advisor and Client have agreed to enter into this Business Credit Consulting Agreement. NOW THEREFORE in consideration of the terms and conditions set forth below and other good and valuable consideration the receipt of which and sufficiency of which is hereby acknowledged the parties agree as follows: I. SECURING OF CASH FUNDING THROUGH THE FINANCE SUITE 1. Client understands that they are purchasing software for the purpose of helping insure they meet lending credibility standards helping them build business credit and gain access to cash funding options. Client understands they might not be able to initially qualify for some or any of the cash funding programs available through the finance suite. 2. Funding approval is based on factors such as collateral revenue financials personal credit and business credit quality. 3. Client understands that although their Consultant will ask questions about credit company income revenue and other questions relating to pre-qualification the Client cannot be fully approved until they go through a formal underwriting process. 4. Clients with lower consumer credit scores no business credit scores and no business collateral will not typically qualify initially for funding. Clients with legitimate business collateral and/or good personal or business credit have a better chance of securing initial funding but still cannot be guaranteed they will be approved for initial funding. II. PAYMENT 1. Client agrees to pay Consultant a total of $ through a total of payments. DETAILS:. 2. Client understands that their initial payment will provide them initial access to the funding suite and business credit and funding advisors. 3. Client agrees to pay payments promptly and as agreed based on the payment schedule initially discussed with their Consultant. Any other conversations relating to payment or payment arrangements should be discussed between the Client and Consultant. 4. Client agrees to contact the Consultant immediately with any concerns or at any time the Client believes they might not be able to make a payment. 5.Client understands that once logged into their funding suite no refunds of any kind will be issued.

2 6. In the case client does default on any payments all access to the funding suite will be terminated. The client will not have access to the funding suite business credit coaches funding advisors and will lose access to the business credit and funding they qualified for. 7. In the case of default by the client the client will not be permitted to re-purchase the system in the future. I. ADVISEMENT SERVICES AND LIMITATIONS 1. Engagement. Client hereby hires Advisor and/or its affiliates to provide the advisement services as set forth in this Agreement. For purposes of this Agreement the word affiliate shall mean any subsidiary contractual partner or other assignee of Advisor. 2. Services Provided. Advisor agrees to consult Client in Client s desire to establish business credit for a business the Client has an interest in (the Client s Business ). In conducting business credit consulting with Client Advisor may advise Client on how to complete any one or more of several tasks ( Client Tasks ). Client Tasks shall be any one or more of the following: (i) Performing a corporate compliance and documentation review of Client and Client s Business. The scope and purpose of the corporate compliance and documentation review is to help prepare the Client to apply for business credit and attempt to maximize the possibility of success in obtaining business credit and for no other legal or business purpose; (ii) Establishing a Dunn & Bradstreet file and establish a Dunn & Bradstreet rating; (iii) Building a Dunn & Bradstreet PAYDEX score; (iv) Establishing a business credit file with Experian s corporate department; (v) Obtaining an Experian Intelliscore number; (vi) Creating a business credit file with Equifax s business department; (vii) Providing Client with a non-comprehensive list of trade accounts that may or may not report to business credit bureaus including Dunn & Bradstreet Experian s corporate department and Equifax s business department; (viii) Creating a Business Credit Asset that can be used for business financing opportunities; or (ix) Obtaining access to a dedicated funding advisor that is provided by Advisor and/or its affiliates and/or assigns for a five (5) year period beginning as of the date of this Agreement between Advisor and Client. 3. Limitation of Scope of Advisory Services and Modification of this Agreement. The consulting services to be provided by Advisor for Client under this Agreement are limited to any one or more of the Client Tasks identified above in Paragraph 2. Any additional or other services to be performed by Advisor or tasks to be consulted on with Client shall be determined by a separate written agreement only. Any modifications to this Agreement shall not be effective unless they are executed in writing by both a duly authorized representative of Advisor and the Client. 4. Authority and Client Credit Reports. Client authorizes instructs and empowers Advisor to take all steps in said matter deemed by Advisor to be prudent or necessary in performing the consulting services contemplated under this Agreement. In addition Client authorizes Advisor to obtain a copy of Client s credit report for purposes of performing the services outlined in this Agreement and hereby waives any necessary rights Client may have pursuant to the Fair Credit Reporting Act (15 U.S.C u) as well as all other Federal/State and local laws and regulations so as to allow Advisor to obtain the Client s credit report.

3 II. ADDITIONAL COSTS 1. Fees. The Client agrees and understands that all funding obtained for lending sources will have a cost involved. These costs are standard lender fees and might include processing fees points APRs interest rates discounts and other standard fees commonly associated with borrowing money. These fees are not charged by the Business Finance Suite team but the lender themselves. The Business Finance Suite finance officers search to find the best and most affordable terms each client might qualify for. 2. Client does receive many free items as part of their enrollment with the Business Finance Suite including access to their Experian Smart Business data information on obtaining a free DUNS number and credit profile activation from Dun and Bradstreet and no-cost listing with Client may incur additional costs and spend additional monies on services they elect to receive in the finance suite. These are elective costs for services that might not be required and include but are not limited to: (i) Dunn & Bradstreet Experian and Equifax full credit monitoring ; (ii) Trade account set up costs; (iii) Trade account vendor product purchase costs (iv) Various state filing costs; (v) Various business license costs; (vi) Business phone set up or other phone-related costs; (vii) Personal and/or business credit report costs; (viii) Bank fees and costs associated with financing such as but not limited to closing costs application fees or broker fees. (ix) Other fees and/or costs that are customary to the general practice of business. III. PARTY RESPONSIBILITIES 1. Client Responsibilities. Client agrees to accept the following responsibilities: (i) To cooperate thoroughly with Advisor in the handling of all matters contemplated under this Agreement and to do all that is necessary to provide all information Advisor requests from Client; (ii) To make timely payments on all of Client s business and personal bills/accounts including but not limited to lines of credit credit cards revolving accounts and loans. (iii) To not apply for any type of personal or business credit without giving at least five (5) days prior notice to Advisor. In the event Client fails to fulfill these client responsibilities or breaches this agreement in any way (including failure to make timely Monthly Payments or an Immediate Payment) Advisor shall be entitled to immediately withdraw from any further representation of Client with respect to this matter and may proceed to collect the full Fee owed to Advisor under this Agreement. 2. Advisor Responsibilities. Advisor agrees that it will handle Client s business hereunder in a strictly professional and ethical manner utilizing its best efforts and skill on behalf of Client; Advisor has made no guarantee that client will obtain a particular business credit score or guarantee regarding a specific cash dollar amount of credit a client will obtain. All expressions made by Advisor relative to the matters discussed in this Paragraph previous or following the execution of this Agreement by the Client and Advisor are the Advisor s sincere opinion only. However if the Client has not been extended at least $50000 in TOTAL credit (any combination of vendor credit trade credit equipment lease vehicle lease loans lines of credit credit cards real estate pre-approvals etc) Client may elect at any time to receive an additional twelve (12) months of advising from the Advisor regarding the Client Tasks referenced in Paragraph 2 above. Advisor shall not be required to continue to pursue any matter required by this Agreement if at any time during the performance of this Agreement the facts and circumstances which develop or become known to Advisor shall give

4 Advisor in its sole opinion and discretion cause to believe that further pursuit of such claim would be futile and/or would result in an unjustified expense of time and resources of either the Advisor or Client. Although Advisor makes reasonable efforts to ensure that each client receives the maximum amount of cash credit possible Advisor does not have control over the amount that a client may obtain. Advisor does not make any guarantee regarding the amount of CASH credit received the amount of time it takes to receive the business credit the interest rate(s) or terms on the credit. It is possible that a client will receive less than desired. Historical outcomes are not a guarantee of future results. Advisor does not take responsibility for either the amount of funds a client may receive or for the use of the funds a client may receive. Pursuant to Section II.1 of this Agreement above all monies paid by Client to Advisor for Advisor s consulting services are final regardless of the outcome and in light of the other statements disclosed by Advisor to Client in this paragraph. Advisor assumes no liability or responsibility for any errors omissions or any other acts from 3rd party referrals that Advisor may have recommended. IV. VENUE CHOICE OF LAW AND ARBITRATION 1. Venue. The venue for any litigation regarding this agreement shall be in San Diego California 2. Choice of Law. This Agreement including any arbitration proceedings that may take place between the parties to this Agreement shall be construed consistent with the laws of the State of California. 3. Arbitration. If there is a dispute between you and Advisor either party may elect to have it resolved by binding arbitration administered by the National Arbitration Forum or the American Arbitration Association (the Forum or Association also being chosen by the party who elects to arbitrate the dispute between the parties) under their rules for consumer arbitrations. An election by either party for such relief as stated in the preceding sentence shall preclude the other party from filing any other type of legal action until such time as the relief sought by the electing party has been exhausted or terminated. All disputes in arbitration will be handled just between the named parties and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination cancellation or expiration of this Agreement. V. NON-DISCLOSURE The materials provided by Advisor to Client are proprietary and protected by copyright. Any distribution by Client to any third-party in any manner and by any means whether directly or indirectly without the express written permission of Advisor is strictly prohibited. Advisor reserves the right to prosecute Client for any and all damages Advisor suffers because of Client s unauthorized use of copyrighted and/or proprietary materials. VI. INDEMNIFICATION Client hereby indemnifies Advisor as outlined below: (i) Advisor shall not be held responsible for any action performed by third parties including any of Advisor s affiliates vendors or assignees which cause or bring about a detrimental result to Client s business credit bureau file and/or credit development activities; (ii) Advisor may recommend third-party providers however such recommendation is not a guarantee of service or product and the Client and such 3rd party vendor are responsible for the outcome; (iii) Advisor is not responsible and cannot control the reporting and updating of the Clients business credit bureau file;

5 (iv) Advisor shall make every effort to protect any confidential information provided during the coaching program. The Client agrees that Advisor shall not liable for any misuse of such confidential material whatsoever. VII. MISCELLANEOUS PROVISIONS 1. Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto relating to the transaction reflected herein and supersedes all prior agreements and understandings of the parties in connection therewith. 2. Headings. The Article headings of this Agreement are for convenience of reference only and do not form a part of this Agreement and do not in any way limit modify interpret or construe the provisions of this Agreement. 3. Assignment. The rights duties and obligations of Advisor may be freely assigned to a third party without Advisor providing any future notice to Client. Client may not assign any rights under this Agreement without obtaining the prior express written consent of the Advisor. 4. Binding Effect. This Agreement and any modification amendment or waiver shall be binding upon each of the parties hereto and their representatives heirs successors and permitted assigns. 5. No Waiver of Remedies. No failure on the part of any party to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof. No waiver of any breach by any party of the terms and conditions hereof shall operate as a waiver of any other and further breach of any of the terms and conditions hereof. The remedies provided by law. 6. Counterparts. This Agreement may be executed in two or more counterparts each of which shall be deemed an original and which together shall constitute one Agreement. 7. Construction. This Agreement has been reviewed by counsel to all parties hereto and shall be deemed prepared by both counsel. Any ambiguities shall not be deemed to construe against either party hereto. 8. Terminology. All personal pronouns used in the Agreement whether used in the masculine feminine or neuter gender shall include all other genders the singular shall include the plural and vice versa as the context may require. OUR PRIVACY POLICY We greatly respect your privacy. We will only collect store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you for example to process your purchase provide service and support and share product service and company news and offerings with you. We do not sell your personal information. Your information is only shared by our company with your consent as required by law or to protect our company its customers or the public or with companies that help ours fulfill its obligations with you and then only with partners who share our commitment to protecting your privacy and data. At any time you may contact us with any privacy questions or concerns you may have. You also may ask at any time to see the personal data you have given us and request correction or deletion. We strive to protect the security of your personal data by use of appropriate measures and processes. Privacy and Data Security

6 With us your right to privacy and data security is a primary concern. That's why when you visit our website we help you maintain control over your personal data on the Internet. Below are the guidelines we use for protecting the information you provide us. We only ask for specific types of personal information In a few areas on our website and online customer support tools we ask you to provide information that will enable us to enhance your site visit to assist you with purchase and support issues or to follow up with you after your visit. It is completely optional for you to participate. For example we request information from you when you: Complete an online form Speak with an affiliate or partner about our program Call and inquire about our system Subscribe to a newsletter or a mailing list Information we may request includes your name address phone number address credit card details as well as other similar personal information. If we ever ask for significantly different information we will inform you. We only uses your personal information for specific purposes. The information you provide will be kept confidential and used to support your customer relationship with us. Among other things we want to help you quickly find information on our website and alert you to special offers updated information and other new services. Agents or contractors of ours who have access to your personal information and prospect information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for us. In addition we may be required to disclose personal information in connection with law enforcement fraud prevention regulation and other legal action or if we reasonably believe it is necessary to do so to protect our company its customers or the public. You can opt-out of our marketing list at any time. Periodically we may send you information about our services we feel may be of interest to you. Only our company will send you these direct mailings. If you do not want to be included on our marketing list simply tell us when you give us your personal information. Or at any time you can easily opt-out of our marketing list by clicking the opt out link in our s. We will not disclose your personal information to any outside organization for its use in marketing without your consent.

7 Information regarding you (such as name address and phone number) or your order will not be given or sold to any outside organization for its use in marketing or solicitation without your consent. Your information may be shared with agents or contractors of our company for the purpose of performing services for us. Children's Privacy (Age 12 and Under) We take children's privacy seriously. We do not seek to collect personal information about children through our website. We do not condition a child's participation in an activity on the disclosure of more personal information than is reasonably necessary to participate in the activity. If we become aware that a person submitting personal information to us through any part of our website is a child we delete the information as soon as we discover it and do not use it for any purpose nor do we disclose it to third parties. Since we do not seek to collect any personal information about children and we delete any information collected inadvertently as soon as we discover that a child has submitted it we typically retain no information about children that could be reviewed or deleted. If a parent requests review or deletion of information about their child before we have discovered and deleted the information then we will of course honor that request. IF ANY DISCUSSION YOU HAVE HAD WITH A REPRESENTATIVE OF ADVISOR PRIOR TO REVIEWING THIS AGREEMENT DIFFERS FROM THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS DOCUMENT. By signing this form you hereby acknowledge and confirm that you have read this entire Agreement and accept all of its terms. Client signature(s) Date Co- Client signature(s) Date