Stragegic Finance SERVICE AGREEMENT
You (the "Client") have requested the credit services of StrategicFinanceTeam.com. ("Stragegic Finance") and Stragegic Finance has agreed to provide credit repair services pursuant to the terms herein. This Agreement is dated and effective upon the date that the Client accepts the terms herein via electronic signature as recorded electronically by Stragegic Finance.
- Stragegic Finance Scope of Services:
Stragegic Finance is a professional entity providing credit services developed by Attorneys and Professional Credit Specialists. Stragegic Finance services include assisting you in evaluating your credit report and assisting in obtaining corrections or other actions to assist you in having your report be as accurate and, therefore, beneficial to you as possible. Stragegic Finance does not offer credit to consumers or lend money. Upon execution of this Agreement, Stragegic Finance shall provide the following services.
Service 1 - Initial Set-Up.
Upon execution of this agreement, Stragegic Finance will perform the following set-up and related services (the "Initial Set-Up") (i) set-up of the Client's profile, (ii) set-up and opening of the Client file, (iii) provide information about documents necessary and steps to proceed, (iv) provide access to our client-only sections of our website, (v) provide telephone and email support for any questions you may have during the Initial Set-Up period, and (iv) enter the Client profile into our database for electronic processing and storage to enable the client to have unlimited online access to their account and to permit the client to electronically notify and inform us of relevant information concerning their credit reports once the Client has provided the credit reports to us. PLEASE NOTE: Stragegic Finance does not provide credit reports. You are responsible for obtaining your credit reports. Upon the completion of the Initial Set-Up, Service 1 shall be deemed fully complete and performed.
Service 2 - Monthly Services.
The Freedom Program: This section applies to Clients who have selected the Freedom program. Each month that you choose or decide to remain a client, Stragegic Finance will provide the following additional minimum services to the Client: (i) mailing out dispute letters (or sending other type of communication) in attempt to clear and/or correct your credit report of the credit and personal items which you believe are inaccurate, misleading or unverifiable, (ii) reminders about materials or information that the Client needs to provide to Stragegic Finance, (ii) access to trained Stragegic Finance credit advisers, (iii) review and analysis of your case file and correspondence from credit bureaus, as applicable, (iv) assisting you in your individual efforts to restore your credit, (v) filing with the appropriate credit bureaus requests for verification or clarification of all disputed items properly submitted by the Client to Stragegic Finance during the month, as applicable, (vi) the electronic updating, maintenance and storage of the Client's case file, and (vii) provide unlimited online access to the Client to access their account information. At the end of each month that you remain a client and that Stragegic Finance provides Monthly Services described herein, Service 2 shall be deemed fully complete and performed for that month.
The Freedom Plus Program: This section applies to Clients who have selected the Freedom Plus program. Each month that you choose or decide to remain a client, Stragegic Finance will provide the following additional and separate minimum services to the Client: (i) mailing out dispute letters (or sending other type of communication) in attempt to clear and/or correct your credit report of the credit and personal items which you believe are inaccurate, misleading or unverifiable, (ii) reminders about materials or information that the Client needs to provide to Stragegic Finance, (ii) access to trained Stragegic Finance credit advisors, (iii) review and analysis of your case file and correspondence from credit bureaus properly submitted to Stragegic Finance during the month, (iv) assisting you in your individual efforts to restore your credit, (v) filing with the appropriate credit bureaus requests for verification or clarification of all disputed items properly submitted by the Client to Stragegic Finance during the month, (vi) the drafting and sending of personal 'goodwill letters' to your creditors based upon disputes properly submitted to Stragegic Finance during the month, (vii) review and analysis of correspondence from creditors and others properly submitted to Stragegic Finance during the month, (viii) drafting and sending recommendation letters at the Client's request, signed by a Professional credit specialist to assist you in future dealings with potential creditors, (ix) the electronic updating, maintenance and storage of the Client's case file, and (x) provide unlimited online access to the Client to access their account information. At the end of each month that you remain a client and that Stragegic Finance provides Monthly Services described herein, Service 2 shall be deemed fully complete and performed for that month.
- Outcome Guarantee and Estimated Length of Time
As the particular issues involved in each individual case vary from case to case, we cannot guarantee a specific outcome or accurately predict how long it will take. As such, the dispute process may take more or less than twelve months. On average, clients remain active for 6 to 10 months, although for each individual case, this average can be reduced or extended based upon the promptness of the client to forward necessary information and upon the number and circumstances of the issues being disputed or challenged on the individual's credit report.
- Money Back Guarantee: Our 100% money back guarantee applies to each month that you are unhappy with the result provided. We will refund 100% of the Monthly service fee for the month you where unsatisfied. This guarantee will only available for one month of each quarter and does not apply to the enrollment/set up fee or any additional fees paid to Strategic Credit Repair of Corpus Christi. This money back guarantee shall not exceed more that ($49.99) in a single calendar quarter.
- Cost for Services:
The total amount charged to you will depend on the length of time that you choose to remain a client. Stragegic Finance charges you an Enrollment Fee at the completion of the first Three (3) days of service. This fee covers all of the work fully and completely rendered as described in section Paragraph 1, Stragegic Finance Scope of Services, section titled Initial Set-Up. At the end of each month the hereafter, Stragegic Finance charges your credit card the monthly rate for your Program to cover the services fully and completely rendered during that month as described in Paragraph 1, Stragegic Finance Scope of Services, section titled Monthly Services.
The rates charged are currently:
The Freedom Program: $499.99 Initial Set-up Payment, $49.99 Monthly Payments thereafter for each month that the Client chooses to participate in the program.
The Freedom Plus Program: $599.99 Initial Set-Up Payment, $49.99 Monthly Payments thereafter for each month that the Client chooses to participate in the program. Stragegic Finance does not charge in advance of any service being rendered. Stragegic Finance charges only after the Initial Set-Up is complete and the monthly agreed upon services are rendered fully and completely for each month that the Client chooses to remain a Client.
- Terms for Payment:
You grant Stragegic Finance permission (i) to authorize and capture the Initial Set-Up fee and Monthly Services fees as they become due from your credit card unless you terminate this Agreement and (ii) to verify your account information. You may be charged up to a $35 fee if your payment for Stragegic Finance services is not honored upon first presentment by Stragegic Finance to your Credit Card Company or Bank. Additionally, you grant Stragegic Finance permission to authorize and capture the earned but unpaid fees from your credit card for up to 90 days after termination of the Agreement.
- Cancellation Policy:
You may cancel this Agreement at any time, for any reason or no reason, by providing notification to Stragegic Finance. To cancel this Agreement, you may mail or deliver a signed, dated notice stating your desire to cancel this Agreement, including your name, or any other written notice, to Stragegic Finance . 5262 S Staples St. Suite 300, Corpus Christi, TX 78411. In the alternative, simply call (361) 232-5177. You can also complete the Cancellation Notice at the end of this agreement and mail it in. Stragegic Finance has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement.
- Refund Policy:
If you cancel the Agreement within the first Three (3) days, you are entitled to a complete refund of any funds paid to Stragegic Finance. You understand and acknowledge that the initial Setup Payment is non-refundable after Three (3) days of the date that your case is opened. After Three (3) days, you may be entitled to a full or partial refund of any Monthly Payments. During any month, if we fail to provide the agreed upon services in Stragegic Finance sole discretion, we will refund your Monthly Fees for that month. To request a refund, simply mail a refund request, to 5262 S Staples St. Suite 300, Corpus Christi, TX 78411 or call us (361) 232-5177.
- Electronic Signature/Limited Power of Attorney:
To provide our services for you pursuant to the Program you have selected, we require your permission to draft, sign, and send letters to creditors and the credit bureaus on your behalf and in your name specifically addressing the items on your credit report that you identify as inaccurate, misleading or unverifiable. By granting Stragegic Finance a Limited Power of Attorney, you give Stragegic Finance authority and permission to write and send letters to creditors and credit bureaus on your behalf and in your name.
- Client Obligations:
Client agrees to provide Stragegic Finance with any and all information, in a timely manner, needed to facilitate the services to be provided to the Client. The Client authorizes Stragegic Finance, its employees and agents to prepare all necessary correspondence, either written or electronic, relating to Stragegic Finance services and to submit to Stragegic Finance any additional information legally required or necessary to support those services. The Client agrees to forward immediately to Stragegic Finance all correspondence from the credit bureaus, creditors or others relating to services provided by Stragegic Finance. The Client understands that all information provided to Stragegic Finance must be true and accurate to the best of the Client's knowledge. The Client agrees to print or save a copy of this Agreement to retain with your personal records. The Client acknowledges that Client intentionally sought out Stragegic Finance to perform services available under federal law. Client agrees that dispute & challenge letters drafted, signed and mailed on your behalf and/or in your name by Stragegic Finance are proprietary to Stragegic Finance and will not be kept as part of your client file. Client agrees to make copies of any documents provided to Stragegic Finance to retain with your personal records. Stragegic Finance may not return documents forwarded by you. Client understands that Stragegic Finance is not a law firm, but instead is a Limited Liability Company offering Debt Settlement and credit report repair services.
Any claim arising out of or relating to this Agreement or Stragegic Finance services, or the enforceability or scope of this arbitration provision, or the enforceability of this Agreement, shall be settled by binding arbitration on an individual basis and not consolidated with any other person's claim. The arbitration shall be conducted through and in accordance with the commercial arbitration rules of the American Arbitration Association. For a copy of their procedures, contact the American Arbitration Association at www.adr.org. The arbitrator's decision will be final and binding except for any appeal rights under the Federal Arbitration Act. IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, NEITHER THE CLIENT NOR Stragegic Finance SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PRE HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE CLIENT NOR Stragegic Finance SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAI NST OTHER CLIENTS OF Stragegic Finance WITH RESPECT TO THEIR AGREEMENTS WITH Stragegic Finance OR Stragegic Finance SERVICES, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If the arbitration clause above is held not to be enforceable by any court or through any arbitration proceeding, then to that extent, any legal or equitable action concerning this Agreement that involves the Agreement or Stragegic Finance services shall be initiated and conducted only in the state or federal courts, on an individual basis and not consolidated with any other person's claim. Both parties (You and Stragegic Finance) agree to submit to the exclusive personal jurisdiction of those courts.
- Joinder and Class Action:
No dispute concerning this Agreement or Stragegic Finance services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class-wide basis.
- Prevailing Party:
If any litigation or other proceeding is brought by either party in connection with this Agreement or Stragegic Finance services, the prevailing party in the litigation or other proceeding is entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.
In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.
The Client agrees to defend, indemnify and hold Stragegic Finance and its members, managers, employees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of Stragegic Finance provision of services to the Client under this Agreement or the Client's breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of Stragegic Finance gross negligence or willful misconduct. The Client further agrees to pay Stragegic Finance reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement.
- Entire Agreement:
This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respect thereto. This Agreement shall not be amended or modified, except in writing signed by each of the parties hereto.
- Contacting Stragegic Finance:
Our principal business address:
5262 S Staples St Suite 300, Corpus Christi, TX 78411
Phone (361) 232-5177
- Electronic Signature/Acceptance of Agreement:
The Client agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act. By checking the box that you, the Client, have read and agree to the terms of this Agreement, you are submitting your acceptance to the terms herein electronically as if you had physically signed the Agreement.
- 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 organization 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, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to 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 Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
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.
You, the buyer, may cancel this contract at any time prior to midnight of the fifth working day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.
This agreement (the "Agreement") is entered into between Stragegic Finance , and the party (hereinafter referred to as "You") utilizing the Internet web site created and supported by Stragegic Finance (the "Site").
Please read this Agreement carefully before accessing or using the Site. By accessing or using the Service, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site and must leave the Site immediately. If you utilize the Site in a manner inconsistent with these terms and conditions, Stragegic Finance may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper.
Stragegic Finance provides the information on this Site as a service to the general public. While the information on this site deals with legal issues, it does not constitute legal advice. If you have specific questions related to information available on this Site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.
Stragegic Finance agrees to post information and provide you access to the Site only in accordance with this Agreement.
You accept that the Site is provided on an "as is, as available" basis. Stragegic Finance reserves the right to make changes to the Site, including the availability of any feature, database, content, web page materials, product information and prices on the Site at any time without notice or liability. Stragegic Finance may also restrict access to You to parts or the entire Site without notice or liability. Stragegic Finance DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL ARTICLES, MATERIAL AND INFORMATION DISPLAYED BY Stragegic Finance ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT, NOR INTENDED TO BE, CONSIDERED LEGAL ADVICE OR A SUBSTITUTE FOR SPECIFIC ADVICE.
Stragegic Finance does not represent, endorse or warranty the accuracy or reliability of any advice, opinion, memorandum, statement, content, or other information displayed or distributed through the Site, including through links to other web sites. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Stragegic Finance reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright, and are owned or controlled by Stragegic Finance or the party credited as the provider of the materials. Copying, modifying, distributing, republishing or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Stragegic Finance or the copyright holder identified in the individual content's copyright notice.
You represent, warrant and covenant that you are at least eighteen (18) years old, and that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) Restrict or inhibit any other user from using and enjoying the Site; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) Contain a virus or other harmful component; (vi) Contain any information, software or other material of a commercial nature; (vii) Contain advertising of any kind; or (viii) Constitute or contain false or misleading indications of origin or statements of fact.
In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: (i) Unless you are participating in an area of the Site that requires or encourages anonymity, You agree to use your real name in online communications. (ii) You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission. (iii) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You acknowledge that transmissions to and from the Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, or for any breach of security associated with the transmission of sensitive information through the Site or any linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Stragegic Finance SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Strategic Credit Repair of Corpus Christi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT Stragegic Finance AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50).
You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and Stragegic Finance by Your use of the Site other than as strictly defined pursuant to the Agreement and any subsequent written agreement (such as a Retainer Agreement) entered into with Stragegic Finance.
You hereby agree to indemnify, defend and hold harmless Stragegic Finance, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Stragegic Finance and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Stragegic Finance failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Stragegic Finance may assign its rights and duties under this Agreement to any party at any time without notice to you.
This Agreement contains the entire understanding between You and Stragegic Finance with respect to the Site and no representation, statement, inducement, be it oral or written, not contained herein shall bind either party.
Should any part of the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Agreement had been eliminated.
This Agreement may be terminated by either party without notice at any time for any reason; provided that You may no longer use the Site after You have terminated this Agreement.
You assume total responsibility and risk for your use of the Site and the Internet. Stragegic Finance does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site and Stragegic Finance shall not be liable for any cost or damage arising either directly or indirectly from Your use of the Site.