Credit Repair Agreement between “Buyer” and InCreditable Advisors, LLC
Enclosed you will find the Customer Credit Repair Agreement for your services with InCreditable Advisors, LLC. We have begun setting up your file and are excited to see you as a customer. Please review this document and when you are ready and in complete agreement, please initial and e-sign/sign this document wherever it is required.
This Customer Credit Repair Agreement (“Agreement”) is made effective upon execution of this agreement signed in-person or electronically, by and between InCreditable Advisors, LLC (“Company”) and (“Buyer”).
NOW, in consideration of the promises contained herein, the parties agree as follows:
Definitions. As used herein, the following terms shall have the meanings set forth below: “Products" shall mean the following Company's services to be sold by Company.
Terms and Conditions. Description of Service, “See Exhibit A”. The specific services, warranties, payment terms, and total cost are set forth in the client disclosure statement incorporated herein for all purposes.
Affiliate Service Provider. The Company has the option of fulfilling the credit services through a third party to best serve you. For an explanation of how the Company handles your information in such circumstances see the attached privacy policy.
Term and Termination. Term. This Agreement shall continue as outlined in “Exhibit A” unless terminated by company as provided herein. Thereafter, this Agreement shall continue until terminated by conditions provided within this agreement.
Termination for Cause. Either party may terminate this Agreement upon giving the other party ten (10) days’ notice without penalty.
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 Company.
Confidentiality. Client acknowledges that by reason of its relationship to the Company hereunder it will have access to certain information and materials concerning Company's business plans, Customers, 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. Customer 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 Company. Company shall advise Customer 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 Indiana.
Entire Agreement. 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 and signed by the party to be charged.
Notices. Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage prepaid, e-mail, fax, return receipt requested or by recognized overnight delivery service: If to Company; At its principal place of business or if to Customer, at the aforementioned address.
Severability. 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.
Dispute Resolution. In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in USA County, State of Indiana or in the county in which the consumer resides in accordance with the Laws of the State of Indiana for agreements to be made in and to be performed in [Indiana]. The parties agree that the arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorney’s fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Client has the right to proceed against Bond # 45BSBHJ9492 or surety account of Hartford Fire Insurance Company that issued ICA bond requirement. The Hartford Bond T-12, One Hartford Plaza, Hartford, Connecticut 06155. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Conducting of Business Electronically, Consent to be contacted. Customer agrees, unless specifically requested otherwise, that by entering into transactions with Company, Customer 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. Customer has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Customer’s withdrawal of his or her consent to conduct business electronically can only occur if applicable law specifically requires Company to provide a paper copy of electronic documents. Withdrawal of consent will slow the speed at which Company can complete certain steps in transactions with Customer and delivering services to Customer. To inform Company that Customer either withdraws Customer’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update Customer information, Customer may send such request to: InCreditable Advisors, LLC 2680 E. Main Street, Suite 109, Plainfield, Indiana 46168. Customer acknowledges and agrees that the internet is considered inherently insecure. Therefore, Customer agrees that Company has no liability to Customer whatsoever for any loss, claim, or damages arising or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied. At all times, Customer maintains the sole obligation to ensure they can receive Company’s electronic communications, and access them on a regular and diligent basis. Customer also agrees to be contacted by telephone on Customer’s landline and/or cell phone by Company irrespective of whether the Customer’s telephone number appears on any state or federal “Do Not Call” lists. Customer further agrees that Company may use a computerized dialing system to contact Customer via telephone or SMS text and Customer may use a pre-recorded message when contacting Customer via telephone or SMS text. Customer understands that his or her consent to be contacted does not require Customer to purchase any goods or services from Company. To inform Company that Customer either withdraws Customer’s consent to receive communications from Company as described directly above, or to update Customer information, Customer may send such request to the address listed directly above for Company.
Credit Repair Service Investment Plans. Contract between InCreditable Advisors, LLC and (Hereinafter referred to as “ICA”) the undersigned "BUYER" (refers to both in case of a couple) is for the purpose of purchasing credit report repair, credit & debt counseling and financial management to “correct errors” the Undersigned overall financial status, known as “correct errors” services (the "Services"). All One-Time Audit & Consulting Fee will be charged after the audits are completed, generally within 3 days.
Terms: The term of this agreement shall be a minimum of [6] months and month to month thereafter. Total Estimated Investment during the express term of this agreement is for [6] months for total of Plan Choosen. BUYER(s) understands that after 6 months is completed the plan will continue on a monthly basis to the Credit Maintence Plan CMP (Limited to 3) Negative Items Disputed every 60 days per individual for $49.00 and $79.00 per couple. Incuded in the CMP is, The Financial Online Money Management Planning Application. It’s an advanced, easy-to-use tool for organizing and viewing all of your financial accounts in one convenient, secure place. Set budgets, monitor spending and achieve your financial goals the agreed MONTHLY amount or unless “BUYER(S) “cancels and or program is complete. Note: Credit Maintenance Plan does not include Online Portal access.
Client Obligations & Agreement.
Customer will return, along with 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.)
Customer agrees to obtain initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and TransUnion) and understands that Company may not proceed with services until the initial credit reports are received by the Company.
Customer also agrees to keep a credit monitoring subscription for the duration of this contract. Both obtaining an initial credit report and keeping a monthly credit monitoring subscription in good standing are NON-NEGOTIABLE.
Customer understands that the scores are for educational purposes only via Vantage Score 3.0 and are not FICO scores which is used by most mortgage lenders.
Customer 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 results obtained by InCreditable Advisors.
Customer agrees to contact InCreditable Advisors, LLC on any questions regarding their credit INCLUDING inquiries or questions regarding applying for consumer credit.
If the Customer was referred to InCreditable Advisors, LLC by a referral partner, the Customer hereby expressly consents to InCreditable Advisors, LLC, sharing data concerning the results of the credit restoration process with the aforementioned referral partner.
Customer agrees to payment terms and conditions as chosen in Exhibit A, which is incorporated into this agreement.
If the Customer fails to complete the payment schedule any and all refunds are forfeited, customer also understands that if a payment comes back returned for any reason client will be removed from program, with the exception of a Customer cancelling the Agreement within [3] business days of the Customer’s entering into this Agreement.
Customer understands that results vary on a case-by-case basis and that InCreditable Advisors, LLC provides a service and has no control over removal of negative items on the credit report. Only Credit Agencies have control over results.
Contract is for 6 months from the start date of the agreement and month to month thereafter based upon initial credit reports being received. Either party may cancel this at any time with 5 days’advance notice, sent in written or email format without penalty.
Customer will not be charged any advance monthly service fees for any Services (See Exhibit “A” for Explanation of Fees), rather such fees will only be charged by the Company to the Customer upon the Company’s completing the services for the Customer.
Company will not remove any derogatory information (defined as accurate information appearing on the Customer’s credit report), nor will Company assist Customer on improving Customer’s credit rating or record.