Terms and Conditions
This CLIENT TERM AGREEMENT (“Agreement”) is made and effective on (date) by and between “LEAF Credit Solutions” (“Company”) and (“Client”).
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
As used herein, the following terms shall have the meanings set forth below:
A. “Products” shall mean the following of Company’s products to be sold by Company: “LEAF Credit Solutions”
Conflict of Interest
Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Products.
A. Indemnification by Client. Client shall indemnify and hold LEAF Credit Solutions free and harmless from any and all claims, damages or lawsuits (including reasonable attorney’s fees) arising out of negligence or malfeasant acts of Client.
B. Indemnification by Company. LEAF Credit Solutions shall indemnify and hold Client free and harmless from any and all claims, damages or lawsuits (including reasonable attorney’s fees) arising out of failure of Company to provide reasonable credit score increase within the allotted term.
Under no circumstances shall LEAF Credit Solutions be responsible to Client or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay due to strike, accident, labor trouble, acts of nature, war, civil disturbance, vendor problems or any cause beyond LEAF Credit Solutions reasonable control.
Affiliate Service Provider
“LEAF Credit Solutions” credit restoration services have the option of fulfilling the credit services through a credit services processor or affiliate to best serve you.
Term and Termination
A. Term. This Agreement shall continue as outlines in “Exhibit A” unless terminated by LEAD Credit Repair as provided herein. Thereafter, this Agreement shall continue until terminated by conditions provided within this agreement.
B. Termination for Cause. If either party default in the performance of any material obligation in this Agreement, the non-defaulting party may give written notice to the defaulting party and if the default is not cured within thirty (30) days following such notice, the Agreement will be terminated.
Limitation on Liability
In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation or reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of LEAF Credit Solutions
Client acknowledges that by reason its relationship to LEAF Credit Solutions hereunder it will have access to certain information and materials concerning business plans, clients, technology, and products that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by LEAF Credit Solutions. LEAF Credit Solutions shall advise Client whether or not it considers any particular information or materials to be confidential.
Governing Law and Jurisdiction
This agreement shall be governed by and construed according to the laws of the State of New Jersey.
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.
Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage, e-mail, fax, return receipt requested or by recognized overnight delivery service: If LEAF Credit Solutions; At it’s principal place of business or if to Client, at the aforementioned address.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court and reasonable attorneys’ fees.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
CLIENT OBLIGATION & AGREEMENT
- Client will return, along with the signed agreement, a copy of their driver’s license, social security card, and a recent Utility bill showing the correct address (phone bill, gas bill, electric bill, etc.
- Client agrees to assist LEAF Credit Solutions in obtaining initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and TransUnion) and understands that LEAF Credit Solutions cannot proceed with credit bureaus until credit reports are received, however client shall receive a full term of service from the date the initial credit reports are received.
- Client agrees to maintain on time monthly payments of their current credit obligations (i.e. – car loan, utility bills, mortgage payments, credit cards, etc.). Failure to maintain those payments will result in severe damage to the progress and improvements made by LEAF Credit Solutions and will forfeit any guarantees.
- Client agrees to contact the support department on any questions regarding their credit INCLUDING credit inquiries or questions regarding applying for consumer credit.
- If Client was referred to LEAF Credit Solutions by a referral partner named here concerning the progress of the credit restoration process with the aforementioned referral partner.
- Client agrees to payment terms and conditions as chosen in Exhibit A which is incorporated into this agreement.
- Client also agrees to forward al mail received regarding their credit file to LEAF Credit Solutions as soon as they receive items from any of the three credit bureaus, Equifax, (CSC Credit services for TX residents), Experian, and Trans Union.
- LEAF Credit Solutions guarantee shall be understood as the following: LEAF Credit Solutions shall guarantee the satisfaction of all clients. Any client unhappy with their results can request a refund according to the LEAF Credit Solutions money back guarantee policy in section 16.K.
- If the client fails to complete the payment schedule any and all refunds are forfeited. Guarantee shall be considered satisfied if client fails to request a refund within 60 days of contract completion.
- Client understands this is a binding agreement and Failure to make the arranged monthly payments can result in negative activity to client’s credit file.
- Furthermore, client agrees to money back guarantee policy, which is based on the following formula: 1) each deleted item from clients credit file will be assessed a $100 value in which the amount of items deleted will be subtracted from the total paid to determine the refund portion 2) Example: if there are 4 items deleted from the credit file the total value will be $400, if the client has paid $800 then the client would be due a refund of $400 3) Example: if there are 14 items deleted from the credit file the total value will be $1,400, if the client has already paid $800 then there would be no refund due since the value of the deleted items is more than what the clients have paid.
- Upon completion of agreement clients which are eligible or ineligible for refund will be notified by terms set forth in section 12 of contract. Clients eligible for a full refund will be given option of renewing service for a term equal to the refund in lieu of refund, renewal option shall not exceed 1 term and is limited to one renewal option and upon completion of renewal terms contract will be considered satisfied by company and client in which no refunds will be issued.
- Contract is month to month from the start date of the agreement based upon initial credit reports being received. Either party may cancel this at any time with 30 days’ notice, sent in written format. Notice shall not be considered received unless confirmation of receipt has been received by all parties.
- You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right..
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
LEAF Credit Solutions will:
- LEAF Credit Solutions shall, upon initiation of agreement, provide prompt assistance to client in obtaining credit record for the client from all three credit reporting agencies Equifax (CSC for Texas Residents), Experian, and Trans Union.
- LEAF Credit Solutions shall also, within the course of 3 to 7 business days of receipt of agreement, set up clients with their online private client site which will allow them to check progress throughout their maintenance agreement. A username will be provided to the client to access their online private client site, and the client will be responsible for setting their own password and security questions.
- Also within 10 business days of enrollment into LEAF Credit Solutions credit restoration service the client shall be contacted by Leaf Credit in order to go over processes during the term of service with LEAF Credit Solutions credit restoration service.
- LEAF Credit Solutions shall also post credit education materials to the clients Private Client Site periodically for client review. Client will be notified by e-mail within 7 business days from initiation that their account information is ready for client review and comment.
- LEAF Credit Solutions shall assist client in determining the action to take with each account in regards to that clients file. LEAF Credit Solutions is available to review each account on the clients personal credit file by calling the customer service numbers provided upon enrollment.
- LEAF Credit Solutions will provide credit education materials to the client’s; and those client’s without email address via US Postal Service. All new clients will also receive a credit education and welcome packet via US Postal Service within 10-15 business days from initiation.
- LEAF Credit Solutions shall prepare challenges for items appearing on the customer’s credit reports which the customer indicates are inaccurate, incomplete, obsolete, or unverified as per the Fair Credit Reporting Act.
- LEAF Credit Solutions will submit transmittals of challenges, within 3 to 7 business days but not to exceed 10 business days, of receipt of credit information and executed disclosure and agreement from customer.
- Each consecutive month of service LEAF Credit Solutions shall prepare follow-up challenges, as per the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Transactions Act and Fair Credit Billing Act and transmittal of the same.
- Follow-up services will be fully performed by LEAF Credit Solutions every 35 days not to exceed every 40 days.
- Every month the client shall forward copies of all materials received by the 3 credit bureaus, Equifax (CSC Credit Services for TX residents), Experian, & Trans Union, by mailing or faxing copies to LEAF Credit Solutions in a timely manner. It is important to forward the materials received by the credit bureaus so the client’s private client site can be updated expeditiously.
- All items resolved will also be posted to the client’s private client site, which is accessed online by the username and password provided to the client upon initiation.
- LEAF Credit Solutions shall also provide a client services staff for assistance in answering questions regarding client’s accounts from Monday through Friday 9am-5pm.
- Company guarantee and refund policy shall be understood as the following: To any client that maintains 12 consecutive months of maintenance service, LEAF Credit Solutions shall guarantee their satisfaction of service:
- Should client believe they have not received valuable service, in consideration of refund, all accounts will be evaluated on a per record itemization.
- For every account repaired or removed from the credit file LEAF Credit Solutions shall assess a $100 value. If, at the end of term, the value of repair/removals exceeds total price paid, then customer is due no refund. Should the value of repair/removals fall below the pricing paid, then customer will be extended a length of service satisfactory to the credit due and remaining.
- Failure to maintain consistent monthly payments and addition of 1 negative item to the credit file VOIDS any and all guarantees. If the client misses a payment, or has a payment returned for NSF or any other reason this will VOID any and all guarantees. Should any new negative information be added to the client’s credit file during the term of the agreement this will VOID any and all guarantees.
- If the client fails to complete the payment schedule any and all refunds are forfeited. The addition of any new negative information shall also void any and all money back guarantees. Guarantee shall be considered satisfied if client’s credit is improved during 12 months of maintenance service.
- This is a binding agreement and should service be cancelled after the initial 5 day right of rescission (see attached notice) a cancellation fee of up $150 can apply to client’s account to cover processing fees, handling fees, and regulatory fees occurred on client’s account. Failure to make the arranged monthly payments can result in negative activity to client’s credit file.
- Furthermore, upon completion of agreement and maintenance companies money back guarantee policy is based on the following: 1) each deleted item from clients credit file will be assessed a $100 value in which the amount of items deleted will be subtracted from the total paid to determine the refund portion 2) Example: if there are 4 items deleted from the total value will be $400, if the client has paid $700 then the client would be due a refund of $300 3) Example: if there are 12 items deleted from the credit file the total value will be $1,200, if the client has already paid $700 then there would be no refund due since the value of the deleted items is more than what the clients have paid.
- Upon completion of agreement, clients which are eligible or ineligible for refund will be notified by terms set forth in section 12 of contract. Clients eligible for a full refund will be given option of renewing service for 1 term in lieu of refund. Renewal option shall not exceed 1 term and is limited to one renewal option and upon completion of renewal term, contract will be considered satisfied by company and client, in which no refunds will be issued.
- LEAF Credit Solutions makes no other guarantees aside from the guarantees expressly written within this disclosure. No oral agreement or other agreement shall override this agreement unless received in writing from an authorized LEAF Credit Solutions officer.
- Attached hereto, exhibit A, is the payment plan accepted by Client and Incorporated herein for all purposes.
It is agreed that this Disclosure Statement has been signed prior to the execution of the Contractual Agreement between the parties.
Said disclosure statement received by the undersigned consumer on this day
Notice of right to cancel: You may cancel this contract, without penalty or obligation, within Five (5) days after the date your enrollment payment is received.
EXHIBIT B SEC. 405. DISCLOSURES Consumer Credit File Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any “credit repair” company or credit repair organizations 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 for 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, 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 violates the Credit Report 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 in. 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 the 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’.
(b) Separate Statement Requirement – The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.
(c) Retention of Compliance Records –
- In general – The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement.
- Maintenance for 2 years – The copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.
*ONLY SIGN AND RETURN IF YOU INTEND ON CANCELLING SERVICE*
LEAF Credit Solutions 10 Willow Rd, Suite 143
Maple Shade NJ 08052
NOTICE OF RIGHT TO CANCEL
You may cancel this contract, without penalty or obligation, within Five (5) days after the date your enrollment payment is received.
If you cancel, any payment made by you under the contract will be returned within Five (5) business days after the date of receipt by the seller of your cancellation notice.
To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to LEAF Credit Solutions at above address, not later than midnight of the 5th day after enrollment payment is received.
I hereby cancel this transaction:
Sign only if cancelling service:
LEAF Credit Solutions
10 Willow Rd
Maple Shade – NJ 08052
LIMITED POWER OF ATTORNEY DISCLOSURE
LEAF Credit Solutions needs permission from you, (the client) to communicate with credit bureaus, creditors, data furnishers and others, in your name and on your behalf, including writing, signing and transmitting letters and electronic documents in your name. This is a Limited Power of Attorney, granting permission to LEAF Credit Solutions to do this. It authorizes and directs LEAF Credit Solutions to act as your disclosed and undisclosed agent when performing the services you have retained LEAF Credit Solutions to provide. You may cancel your authorization and this Limited Power of Attorney at any time by sending LEAF Credit Solutions Revocation of Limited Power of Attorney stating that you retract your authorization. Without this written authorization and Limited Power of Attorney, LEAF Credit Solutions is unable to represent you, therefore canceling this authorization will close your case. Please print a copy of this Agreement for your records.
Be it known that by submitting this form I,_______________________________________________, hereby grant a Limited Power of Attorney to LEAF Credit Solutions and any and all persons they employ, as my agent, to have the necessary power and authority to undertake and perform the following on my behalf:
I,__________________________________________________, hereby give permission to LEAF Credit Solutions to sign all documents written on my behalf, as my duly appointed proxy, for the purpose of disputing inaccurate, erroneous, and obsolete credit information held on my credit report by consumer credit reporting agencies.
I appoint LEAF Credit Solutions as my agent to act on my behalf, as set forth in the following matters only; signing of correspondences addressed to credit bureaus, creditors and data furnishers, obtaining credit information over the telephone, fax, and/or through written correspondence from credit bureaus, creditors, data furnishers and/or collection agencies.
If mediation of a debt is necessary, I,__________________________________________, give LEAF Credit Solutions and its officers, the right to discuss information to help resolve, reduce, or dispute a debt.
I,_______________________________________________________________________, understand that I have the right to revoke or terminate this limited power of attorney at any time, with a written Revocation of Limited Power of Attorney to LEAF Credit Solutions According to the Consumer Credit File Rights, Under State and Federal Law, I have been made aware of the fact that I could attempt to repair my own credit.
This “Limited Power of Attorney” is given to LEAF Credit Solutions in compliance with Section 611 of the Federal Fair Credit Reporting Act (FCRA).