General Terms and Conditions:
A. This Credit Repair Service Contract between Patriots Credit Services (“Consumer Credit Division”) and the undersigned (“Client”) (refers to both in case of a couple) is for the purpose of purchasing credit report & improvement services (“Services”). The Services will include preparation of correspondence to credit bureaus, collection companies and/or creditors to request removal of errors, misrepresentations, or unverifiable information, which the Client state appears on the credit report which the Client has furnished to Consumer Division. This is not a debt consolidation or bill payment program. Federal law requires that any unverifiable, outdated or erroneous information must be removed from consumer credit report by reporting agencies. Consumer Division agrees to use its best efforts to provide the Services, and will perform them in accordance with federal law and Illinois state law.
B. Consumer Division will setup Client’s case file, including but not limited to, creating online portal with secure passwords, and creating helpdesk account and reviewing credit reports at no charge. After the initial setup has been completed, Consumer Division will Audit the Client’s credit reports and develop a plan to delete, correct or change inaccurate, unverifiable and obsolete items under current federal and state regulations during this Agreement. The Audit will be in which program you chose on page 5 of this welcome packet per individual the “Audit Fee”. Once the above is complete, and Audit is sent via electronic transmission (email), the Audit Fee will be earned. Each month during the term of this Agreement, after an investigation request has been sent to one of the three major credit bureaus, Client will be billed a Pay-Per-Deletion Fee (PPD) as outlined above on page 6 of this welcome packet every month until client(s) is finished paying the invoiced fees to a $0 balance. Client understands and agrees that when we get items/accounts/notations deleted/fixed, these fees are earned from our previous months’ work. All fees are fully earned when billed. This process will continue until Client gives notice of Client’s intent to terminate this service Agreement. The Client understands that each month Client is active, a new bureau dispute will be initiated. Periodically throughout each month, Consumer Division agrees to perform analysis/audit of case file, all correspondence associated with the credit improvement process, the review for changes requested by the Client to the Client's credit reports as a result of contacts made on the Client's behalf with each applicable credit bureau, creditor or public record holder, phone consultations with client and the continuing planning and creation of documents for the purpose of credit report improvement. Client may expedite any bureau dispute before Client’s upcoming dispute day for a $50.00 fee for each bureau, each person expedited.
C. Non-Payment. If any form of payment you supply is uncollectible for any reason, this Agreement shall, at the discretion of Consumer Division, charge you a dishonored payment fee of $25.00 for every dishonored payment or return item from the bank. A Late Fee of $25 is assessed for each 30-day period a client is behind in resolving payment issues. Client agrees not to close the bank account that Consumer Division is authorized to withdraw payments from without providing a new payment source, as any interruption in the payment of may result in the termination of contract. Consumer Division does not refund for work completed except according to our guarantee in this Agreement.
D. Credit Application. Client shall not apply for any type of credit until they have terminated this agreement. If the client fails to comply with this provision and applies for any credit and is denied, Consumer Division cannot be held responsible for additional negative remarks and the direct influence this might have on Client’s credit score or picture.
E. The Client agrees to send, via mail, all credit reports and/or correspondence received from credit bureaus and/or creditors to Consumer Division within five (5) days after the date received to maximize results. If the Client has not received any updates the Client must notify Consumer Division so appropriate measures can be taken.
F. Privacy. Your information will never be sold to any third parties for marketing purposes. However, Client’s account information might be shared with any broker/loan officer, dealership, realtor or third party that initially referred Client to this service for tracking purposes. Client grants permission to these third parties to view your information as well as grant permission to Consumer Division to share this information with them. Client acknowledges that this no way violates any privacy in regards to the Fair Credit Reporting Act or The Fair and Accurate Credit Transactions Act.
G. By executing this Contract to obtain Services, Client grants Consumer Division during the term of this Contract, a limited power of attorney, by and through its authorized representatives, to: 1) use the Customer Information that the Client provides in order to obtain from credit bureaus, creditors, collection agencies and other holders of records of Client's credit reports, Client's credit history or other creditor information for the Services; 2) sign correspondence to the record holders; 3) use Client's name to sign correspondence addressed to creditors; 4) obtain credit information over the telephone, fax, and or through the internet from record holders; 5) to discuss information with any record holders to help resolve a debt if mediation of a debt is necessary. Consumer Division acknowledges that its Authorized Representatives have been alerted to the sensitivity of the Customer Information. As such, Consumer Division will use its best efforts to ensure that Customer Information will be handled in a responsible and professional manner. The limited power of attorney shall terminate upon termination of this Contract. All questions pertaining to validity, interpretation and administration of this Contract shall be determined in accordance with the laws of Illinois. Principal business address is 815 North Church St. Suite 100 Rockford, IL. 61103. Client agrees that Client's limited power of attorney is valid throughout the United States for all Customer Information to be obtained by Consumer Division pursuant to this Contract by the binding and enforceable signatures set forth below. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
H. Termination. This agreement may be terminated by either party at any time by sending in the attached termination form. Since Consumer Division bills in arrears, Client will be responsible to pay for all services performed during the thirty (30) day period after notice of termination has been received and all past fees due and billed that have not been satisfied as stated and defined under this Contract.
I. Services Completion/Total Payments. Client’s service is completed, each month, on the day before your scheduled billing cycle. The total number of payments Client will make to Consumer Division will be based on the mathematical formula of Personal Info, Inquiries, Standard Items & Public Records defined in this agreement and specified on page 10 of this agreement.
J. Exclusive Agent. During the term of this Agreement Client agrees to only communicate with the credit bureaus through Consumer Division’s written correspondence. Client represents and warrants that all information given to Consumer Division is truthful and accurate to the best of Client’s knowledge.
K. Disclosure Acknowledge. Client acknowledges and understands that with proper information Client could undertake the same or similar techniques to repair his or her own credit. Notwithstanding that fact, Client is choosing to hire this Consumer Division to undertake the services outlined in this Agreement without duress or provocation. Client agrees to hold Consumer Division and it employees, officers, directors, agents and representatives harmless from any claim, suit action or demand made by any of Client’s creditors or any other person which may arise from the action(s) taken by Client’s creditors in connection with any services rendered by Consumer Division on Client’s behalf. Client understands that Consumer Division will aid Client by providing the services outlined in this Agreement.
L. General Provisions. (a) This Agreement is entered into in the State of Illinois for performance in Illinois. The laws of the State of Illinois shall govern its interpretation and performance. (b) This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. There are no other provisions express or implied which are not contained in this Agreement.
There are no representations nor warranties express or implied except those expressly stated herein; (c) No representative of Consumer Division has the authority to waive or modify any provision in this Agreement unless such provision is in writing and signed by Consumer Division’s president; (d) This Agreement is binding upon Client’s heirs and personal representatives; (e) In the event Consumer Division engages in collection efforts, client will be required to reimburse for out-of-pocket expenses, including attorney’s fees, as the result of such efforts. In the event of litigation, reasonable attorney’s fees and costs shall be awarded to the prevailing party; and (f) Winnebago County Superior Court, in Rockford, IL. shall have exclusive jurisdiction to hear any disputes arising under this Agreement and Client agrees to such jurisdiction and venue.
