This CLIENT TERM AGREEMENT is made & effective on the date the agreement is signed by client
Between KRD Company and (Client)
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. Definitions.
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: KRD
2. Terms and Conditions - package selected: Individual or Couple, “See Exhibit A”
A. The specific services, guarantees, payment terms, & total cost are set forth in the client disclosure statement incorporated herein for all purposes.
3. 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.
4. Indemnification.
1. Indemnification by Client. Client shall indemnify &hold Company free and harmless from any & all claims, damages or lawsuits (including reasonable attorneys' fees) arising out of negligence or malfeasance acts of Client.
2. Indemnification by Company. Company shall indemnify & hold Client free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys ’fees) arising out of failure of Company to provide reasonable credit score increase within the allotted term.
5. Product Availability Under no circumstances shall Company be responsible to Client or anyone else for its failure to fill accepted orders, or for its delay in filing accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.
6. Affiliate Service Provider.
“KRD” credit restoration services have the option of fulfilling the credit services through a credit services processor or affiliate to best serve you.
7. Term and Termination.
A. 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.
B. Termination for Cause. If either party default in the performance of any material obligation in this Agreement, then 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.
8. 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.
9. Confidentiality.
Client acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company's 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 Company. Company shall advise Client whether or not it considers any particular information or materials to be confidential.
10. Governing Law and Jurisdiction.
This Agreement shall be governed by and construed according to the laws of the State of “KRD”.
11. Entire Agreement.
This Agreement sets forth the entire agreement & understanding of the parties relating to the subject matter herein & 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.
12. 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 it’s principal place of business or if to Client, at the aforementioned address.
13. 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.
14. 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.
15. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
16. Client Obligations & Agreement. (Please initial next to each disclosure.)
A. Client will return, along with signed agreement, a copy of their driver’s license, social security card, & a recent Utility bill showing the correct address (phone bill, gas bill, electric bill, etc..).
B. Client agrees to assist Company in obtaining initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and Trans Union) and understands that Company 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.
C. 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 “KRD” and will forfeit any guarantees. Also the addition of any new negative item to the credit file shall void any and all guarantees.
D. Client agrees to contact credit support department on any questions regarding their credit INCLUDING credit inquiries or questions regarding applying for consumer credit.
E. If Client was referred to KRD by a referral partner named here- Client hereby expressly consents to “KRD”, sharing data concerning the progress of the credit restoration process with the aforementioned referral partner.
F. Client agrees to payment terms and conditions as chosen in Exhibit A which is incorporated into this agreement.
G. Client also agrees to forward all mail received regarding their credit file to KRD as soon as they receive items from any of the three credit bureaus, Equifax (CSC Credit services for TX residents), Experian, and Trans Union.
H. Company guarantee shall be understood as the following: “KRD” shall guarantee the satisfaction of all its clients. Any client unhappy with their results can request a refund according to the “KRD” money back guarantee policy in section 16. K.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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.
Notice of Cancellation
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.
You may cancel this contract, without any penalty or obligation, at any time before midnight of the 3rd day which begins after the date the contract is signed by you.
To cancel this contract, e-mail or fax dated copy of this cancellation notice before midnight on the third business day of signing agreement
Email: Ksande51@att.net
I hereby cancel this transaction, (date) ____________
Client Signature ___________________________
Client Printed Name ___________________________