TERMS OF SERVICE
The specific services, guarantees, payment terms, timeframe, and total cost are set forth in the client disclosure statement incorporated herein for all purposes. Now, in consideration of the mutual promises contained herein, the parties agree as follows:
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, they are not currently a client of any other Credit Repair company, nor have they been a client of another credit repair company in the last six (6) months.
Indemnification by Client
Client shall indemnify and hold Company free and harmless from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising out of negligence or malfeasant acts of Client.
Indemnification by Company
Company shall indemnify and hold Client free and harmless from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising out of the failure of Company to provide a reasonable credit score increase within the allotted term.
Terms and Termination
a. Term. This Agreement shall continue as outlined in “Exhibit A” unless terminated by Company or Client as provided herein. b. Termination for Cause. Suppose either party defaults in performing any material obligation in this Agreement. In that case, the non-defaulting party may give written or electronic notice to the defaulting party. The Agreement will be terminated if the
default is not cured within thirty (30) days following such notice.
Confidentiality
Client acknowledges that because of its relationship to Company, they will have access to certain information and material concerning Company’s business that is of substantial value to Company. The value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its account or the account of any third party, nor disclose to any third party any such confidential information revealed to it by Company.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed according to the laws of the State of Arkansas.
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 the Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.
Notices
Any notices required or permitted by the 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 Client, at the provided 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 effort.
Legal Expenses
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 costs and reasonable attorneys’ fees.
“Client” agrees as follows: Client authorizes Best Credit Rx to prepare correspondence on behalf of Client to be sent to all three major credit bureaus known as CSC/Equifax, TransUnion, and Experian.
Services
Audit Services Fee:
In exchange for the Company’s receipt of the Audit Services Fee, in the amount stated below from the Client, the Company will perform the following Audit Services: the Company will review the Client’s
credit report, as provided by the Client and the Company will take the necessary time to consult with the Client regarding the Client’s Credit Report; the Company will analyze Client’s credit report with a focus on determining if any information on
credit report is inaccurate, outdated or unverifiable; the Company will assist Client in obtaining copy of credit report if needed; the Client will not be charged any additional fees for Company’s Audit Services; Company’s Audit Services are sold independently of any services regarding Client’s credit standing or credit report; the Audit Services Fee will only be charged upon Company consulting with the Client and completing the Audit Services and under no circumstances will the Audit Services Fee be paid by the Client prior to the Company completing the above stated services. The Audit Services Company provides Client in exchange for the Audit Services Fee are not credit repair services and shall not be construed as such.
Monthly Services Fee
In exchange for the Monthly Service Fee in the amount stated below, the Company will provide the following credit repair services (“Services”) to and for the Client's benefit, and the Client authorizes the Company to provide such for the Client. Such services will include attempts to remove inaccurate, erroneous, and/or obsolete credit information reported by Equifax, Experian, and Trans Union to the Client’s
Credit Report. The Company will continually analyze and review the Client’s status when the Client receives the Services from the Company. The Company will respond to, receive, and/or initiate correspondence via telephone on behalf of the Client. The Company will respond to, receive, and/or initiate correspondence via email on behalf of the Client. The Company will respond to, receive, and/or initiate correspondence via facsimile on the Client's behalf. The Company will respond to, receive, and/or initiate correspondence via physical mail (i.e., USPS, FEDEX, UPS, etc.) on behalf of the client. The Company will create letters and/or emails and/or faxes and/or electronic communications and/or other written communications in the attempt to correct errors and other items appearing on the Client’s credit reports that which Client indicates are inaccurate, incomplete, outdated, or unverified as per the
Fair Credit Reporting Act; this includes preparation and transmittal of written correspondence to credit bureaus to verify and/or dispute items appearing on the Client’s credit report. The Company will review and analyze all correspondence from credit bureaus, creditors, and others. The Company will conduct follow-up calls with the Client to discuss the Client’s status and strategy. The Client will not be charged any advance Monthly Service Fees for any Services; instead, such fees will only be charged by the Company to the Client upon the Company’s completing the Services on behalf of the Client. The Company will not remove any derogatory information (defined as accurate information appearing on a Client’s credit report), nor will Company assist the Client in improving the Client’s credit rating or record.
OUR PRICING
Our pricing is set out in clear terms on our site and in this agreement.
Standard Individual Program:
For an Audit Services Fee of $249.00 and a monthly service fee of $129.00, the Client will Receive the Following:
24/7 Online Portal
One Time $249 Audit Fee
Unlimited Bureau Disputes
Unlimited Creditor Disputes
Unlimited Collection Disputes
Unlimited Public Records Disputes
Unlimited Student Loan Disputes
Active Credit Monitoring
Add Your Partner For $99 Per Month – One Time $249 Audit Fee
Must maintain 3 bureau credit monitoring
Audit Only Program:
For a Services Fee of $249.00 the Client will Receive the Following:
Usually 18-25 Pages
In-Depth Review
Personalized Plan
48hr Turnaround
Full Education Section
Business Credit - Self Guided
For a Services Fee of $249.00 the Client will Receive the Following:
Usually 18-25 Pages
In-Depth Review
Personalized Plan
48hr Turnaround
Full Education Section
Business Credit - Do It For You
For an Services Fee of Enrollment Fee $1,500.00 + Monthly $199.00 Receive the Following:
Building Package
Concierge Service
Step By Step Processes
Build A Business Credit File
Obtain Access To Funding
Protect Your Company
Payment Plan Available
Term/Costs:
Typically, Clients remain with Best Credit Rx for 7-12 months, some shorter, some longer. If Client elects the Standard Individual Program ($129 monthly repair fee), and remain with Best Credit Rx for 7 months, the Client’s total expenditure will be $903 or $1,548 for 12 months. If Client elects the Discounted Partner Program ($228 monthly repair fee), and remain with Best Credit Rx for 7 months, the Client’s total expenditure will be $1596 or $2,496 for 12 months.
Client Authorizes or Acknowledges the Following:
Client authorizes Best Credit Rx to prepare all the necessary correspondence which will allow Client to clarify whether certain information which may be contained on Client's credit file(s)/report(s) is accurate. Client agrees to inform Best Credit Rx as to which items need to be disputed, specifying how each item needs to be disputed, on Client’s credit file(s)/report(s).
Best Credit Rx’s goal is to provide credit repair services to assist Client in achieving an accurate
credit report. Client hereby acknowledges that Best Credit Rx does not
guarantee any specific outcomes or results on behalf of Client, but agrees to provide the specific list of services as fully described in this Agreement. Best Credit Rx does not charge for, nor shall Best Credit Rx collect for, any services, until such services have been fully performed. Best Credit Rx does not agree to remove accurate and/or verifiable information from Client’s credit file. Client hereby acknowledges that active participation in providing Best Credit Rx with all requested documents, forms, and information including investigation results, is essential to providing the credit services for Client. Best Credit Rx does not provide tax, legal or financial advice. If Client needs any type of legal advice, Client must contact a licensed attorney.
Buyer may review his or her consumer reporting agency file at no charge if a request is made to the consumer reporting agency within thirty (30) days after receiving notice that credit has been denied.
CLIENT OBLIGATIONS
1. Client will need a Proof of Identity and a recent utility bill showing the correct address (phone bill, gas bill, electric bill, etc…)
2. Client agrees to maintain a “credit monitoring system” and provide Best Credit Rx access to that account. If client fails to keep an active monitoring account and fails to provide credit results, client's file shall assess a $100 cancellation fee.
3. Client agrees to forward all mail received regarding their credit file to Best Credit Rx with 5 days of receipt.
4. Client agrees not to pull or authorize to be pulled any credit at any time, unless suggested by Best Credit Rx to establish new revolving credit lines, during this agreement because it is just as bad as bad credit. Client agree not to have any new “Late Pays,” “
Collections,” “New Credit Pulls,” or derogatory items appear on client credit report during the term of this agreement.
5. Client agrees to pay at $35 reinstatement fee if payment is declined. Client agrees to pay a $35 NSF fee for dishonored checks.
Authorization to Communicate on Behalf of Client:
Client understands they have authorized an agent of Best Credit Rx to communicate on behalf of Client to the three major credit bureaus also known as Trans Union, Equifax/CSC and Experian, file complaints as needed which may include to the Attorney General, FTC, CFPB or other entities at the discretion of the company. Client agrees to sign if needed a power of attorney granting Best Credit Rx or an agent thereof this specific right. Best Credit Rx further agrees to assist Client in the initial procurement of credit reports. Best Credit Rx, at its discretion, may retain all correspondence and materials used and produced by Best Credit Rx and provided to Best Credit Rx by Client or any other third party.
It is critical that credit reports and all other correspondence received by Client relating to their credit report(s) be provided to Best Credit Rx within 5 days from Client’s receipt of such materials or immediately provide such materials to Best Credit Rx upon request of Best Credit Rx. It is extremely important that Client sends such credit reports and/or correspondence timely to Best Credit Rx. Client is responsible for notifying Best Credit Rx when credit reports are not received on the date required by Best Credit Rx. In the unlikely event Client does not receive their credit reports within 5 days from start date of Agreement, or if Client is for any reason unable to provide their credit reports to Best Credit Rx within 5 days from start date of Agreement, then Client agrees to immediately notify Best Credit Rx in writing of their inability to obtain their credit reports.
An estimate of the date of completion for the first round of work to be completed is between seven to ten days, provided the Client has timely provided his or her
credit report(s) and other necessary documentation to Best Credit Rx.
There is a $35.00 processing fee for returned checks and non-sufficient credit card or debt cards. Returned checks must be replaced with cash or money order within one day (24 Hours).
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 signed by the Parties.
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 Washington County, State of Arkansas or in the county in which the consumer resides in accordance with the Laws of the State of Arkansas for agreements to be made in and to be performed in Arkansas. 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 (except attorney’s fees) of arbitration equally. If the consumer's share of the cost (not fees) is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumers share of costs in excess of that amount. 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. 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.
Company’s Right to Conduct Business Electronically, to Contact Client via SMS Text and via an Autodialer, and the Company’s Right to Use Pre-Recorded Messages When Contacting Client
Client agrees, unless specifically requested otherwise, that by entering into transactions with Company, Client 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. Client consents and agrees that Company may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and Client intends and agrees that those electronic communications will be given the same legal affect as written and signed paper communications. Client has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Client’s consent may be withdrawn at any time upon Company’s receipt of such withdrawal. However Client’s withdrawal of Client’s 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 Client and delivering services to Client. To inform Company that Client either withdraws Client’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update Client’s information, Client may send such request to: Best Credit Rx 70 N. College Ave, Suite #14, Fayetteville, AR, 72701.
Client acknowledges and agrees that the internet is considered inherently insecure. Therefore, Client agrees that Company has no liability to Client 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, Client maintains the sole obligation to ensure they can receive Company’s electronic communications, and access them on a regular and diligent basis. Client also agrees to be contacted by telephone on Client’s landline and/or cell phone by Company irrespective of whether the Client’s telephone number appears on any state or federal “Do Not Call” lists. Client further agrees that Company may use a computerized dialing system to contact Client via telephone or SMS text and Client may use a pre-recorded message when contacting Client via telephone or SMS text. Client understands that his or her consent to be contacted does not require Client to purchase any goods or services from Company. To inform Company that Client either withdraws Client’s consent to receive communications from Company as described directly above, or to update Client’s information, Client may send such request to: Best Credit Rx 70 N. College Ave, Suite #14, Fayetteville, AR, 72701 or email: Info@BestCreditRX.com
Governing Law:
This
Contract shall be governed by and construed according to the laws of the state of Arkansas.
Affiliate Service Provider:
While it is not the current policy of Best Credit Rx to use an affiliate service provider, Company has the option of fulfilling the credit services through a credit services processor or affiliate to best serve client. Utilizing an affiliate provider may include realtors and mortgage lenders or other service providers who may monetarily compensate Best Credit Rx.
Availability of Non-Profit Credit Counseling:
Nonprofit credit counseling services are available for consumers who are currently behind in bill payments or need help in
budgeting financial affairs. Client hereby agree to the terms set forth herein and the chosen Plan and payment.
In consideration of the services provided to client by Best Credit Rx, as described above, client hereby authorize Best Credit Rx to initiate a debit entry to client credit card or bank account indicated above at the depository financial institution named above, hereinafter called DEPOSITORY, and to debit the same to such account for the amount listed above. Client acknowledge the origination of credit transactions to client account must comply with the provisions of U.S. law. This authorization is to remain in full force and effect for the term of this agreement or until client indebtedness to Best Credit Rx is fully satisfied, whichever is later. Client may only revoke this authorization by contacting Best Credit Rx directly at the address and phone number listed above.
Client hereby acknowledge client has received a copy of this Service Agreement (and any applicable addendum's, exhibits, and/or attachments), the Privacy Policy, the
Consumer Credit File Rights Under State and Federal Law disclosure statement, the Limited Power of Attorney, and two copies of the Notice of Cancellation.
DISCLOSURE STATEMENTS
All clients of Best Credit Rx must read and understand the following statements.
• Client understands this is a binding agreement.
• Either party may cancel this agreement at any time.
• Best Credit Rx shall, within the course of 5 to 7 business days of signup, set up clients with their online private client site which will allow them to check progress throughout their service.
• A username and password will be provided to the client to access their online client portal.
• Best Credit Rx will prepare client audit within 5 – 7 days and deliver via the online client portal before the audit fee is charged.
• Best Credit Rx shall prepare challenges for items appearing on the customer’s credit reports in accordance with the
FCRA.
• After each consecutive round of service, Best Credit Rx shall prepare all follow-up challenges, as allowed by the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Transactions Act and Fair Credit Billing Act or other laws applicable.
• All items repaired or removed will be posted to the client’s online portal, which is accessed online by username and password provided to client upon initiation.
• Best Credit Rx shall assist client in determining the action to take with each account in regards to that client’s file.
• Best Credit Rx is available to review the client’s personal credit file by calling the customer service numbers provided upon enrollment.
• Client acknowledges receipt of two (2) copies of a Notice of Right to Cancel.
• Client acknowledges receipt of Consumer Credit File Rights under State and Federal Law.
• Best Credit Rx shall also provide a client services staff for assistance in answering questions regarding a client’s account.
• Best Credit Rx will ONLY challenge items as allowed by law.
• Client understands that we will use https://www.optoutprescreen.com/ and remove them from receiving any offers during our service.
THE FOLLOWING ARE PART OF BUT NOT CONSIDERED TO BE A COMPLETE LIST OF OUR SERVICES.
Best Credit Rx shall provide you the following services:
• Thorough, line by line review of the credit report (s) and assessment of score. Discuss plan for improving credit profile.
• Initiate the dispute process on any misreporting, inaccurately reporting, unverifiable items, or items out of date showing on the credit report(s) after consultation to determine legitimate items vs. illegitimate accounts with client(s).
• Initiate contact with any collections companies that the client disputes.
• Review the file evert 45 days and update it for any changes generated by disputes and prepare for the next filing. Check for current bill copy. Initiate customer contact with any questions after review.
• Every 30- 45 days, on average, initiate contact if needed with the credit bureaus to challenge their findings or initiate additional disputes.
• Cease and desist phone call letters to any collection agencies at the client’s request.
• File formal complaints with the Federal Trade Commission and/or Consumer Finance Protection Bureau on clients behalf should it be warranted and the client agrees.
• Ensuring that the
credit report(s) list only accurate, verifiable information, listing under the guidelines of the Federal Fair Credit Reporting Act, Federal Debt Collection Practices Act (concerning collection), HIPPA, Dodd Frank Act, and any applicable State laws.
• Educate the client on credit. Including but not limited to an email newsletter containing information on credit and how to properly utilize it along with any other pertinent information.
• Use https://www.optoutprescreen.com/ and remove them from receiving any offers during our service.
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It is the Client’s right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by that consumer reporting agency.
Best Credit Rx’s goal is to provide multiple credit repair services to assist CONSUMER in achieving an accurate credit report. CONSUMER hereby acknowledges that Credit Repair Organization does not guarantee any specific outcome or results on behalf of CONSUMER, but contracts to provide the specific list of separately identifiable and distinct services more fully detailed herein. Best Credit Rx does not charge for, nor shall Best Credit Rx collect for, any service, until such service is fully performed. Best Credit Rx does not contract to remove accurate and/or verifiable information from CONSUMER’S credit file. CONSUMER hereby acknowledges that active and truthful participation in providing Best Credit Rx with all requested documents, forms, and information including investigation results, is essential to providing the credit repair services for CONSUMER. Best Credit Rx does not provide tax, legal or financial advice. If you need any type of legal advice, you must contact a licensed professional.
Client, the buyer, may cancel this contract without penalty or obligation at any time before midnight of the 5th day after the date on which client signed the
contract. Company will not perform any credit repair services on behalf of the Client before the end of the fifth day period beginning on the date the contract is signed. See the attached notice of cancellation form for an explanation of this right.
