By signing below, you are acknowledging receipt of the above statement.
- SERVICE SUMMARY
Provider hereby agrees to perform the following services for the Customer in return for payment by the Customer of the agreed upon amount for such services, including Administrative Services: This service is fully performed after the Customer’s initial file set-up and all necessary forms have been completed and reviewed; and Dispute Process: This service includes developing the best strategy to investigate the inaccurate items for accuracy and is fully performed after Provider has prepared and mailed a set of verification request letters or submitted the disputes online to the credit bureau(s). This service will be initiated after three (3) days and no later than seven (7) days from the date Customer executes the Agreement. Subsequent dispute cycles will be completed as Provider and the Customer agree upon after the results from the original Dispute Process are reviewed.
The Customer hereby agrees, accepts, and acknowledges that the services contained in this Section 1 are the only services Provider has agreed to provide under this Agreement and that there have been no promises or guarantees of any future services or any other kind of services not specified herein. Further, the Customer agrees, accepts, and acknowledges that these are the only services the Customer is paying for and the only services the Customer anticipates, believes, or expects Provider to perform under this Agreement. Provider and the Customer hereby agree to the period of time to complete all services set forth in this section shall not exceed 180 days after Round 1 letters are initiated to all 3 credit bureaus.
- AGREEMENT FOR SERVICES
For the avoidance of any doubt, it is hereby stated that the parties intend and agree that this Agreement shall be treated for all purposes as an agreement for contracted services between the parties, and it does not create an employer and employee relationship. Unless failure to deliver services rendered by Provider, there are no refunds whatsoever due to time, energy, and expertise utilized to write, strategize, mail, fax, dispute, manage, organize, and process disputes or negative accounts on behalf of Customer. Service(s) may be canceled, but not refunded.
- FINANCIAL TERMS
All service plans are paid online via Provider’s website based on the Customer’s plan selection through an escrow payment with a 3rd party provider Escrow. This payment will not be released to Provider until services in Section 1 above are complete and conditions are met in Section 9, Delivery Date. The Customer understands and promises to pay to Provider the total amount indicated in the service plan selected in the member’s area for the full performance of the services set forth in Section 1 above. Provider will begin the performance of the services described in Section 1 above only after 3 business days have passed from the date the Customer executes this Agreement. Further, the Customer can, as set forth in Customer File Rights, may cancel the Agreement before midnight of the 3rd night from the time this Agreement is signed. Cancellation at any point beyond the 3rd night before the 6-month final report and delivery is subject to a cancellation fee of $200.
The Customer understands if payment is not made in accordance with this Agreement, the Customer shall be in breach of this Agreement, and from the date of the breach, all of Customer’s services described in Section 1 above will be suspended until payment obligations are made in accordance with this Agreement. The Customer understands there are no refunds for services fully performed.
- DISCLAIMER OF GUARANTEE OR WARRANTY
Provider agrees only to perform the services specifically described in Section 1 above. Results disclosed in testimonies received by Provider are not necessarily the results of the average Customer. The Customer recognizes that all consumer’s circumstances are different, and that Provider does not represent or warrant that it will achieve specific results for the Customer. Provider does not represent or guarantee that the Customer will receive new credit or loans, credit cards, or mortgages as a result of Provider’s services. Provider does not guarantee an increase in credit score or removals of any negative accounts. Provider can only abide by federal laws and assist in disputing inaccurate data in Customer’s credit report, nothing more, using only accurate, honest and complete information provided by Customer.
- CUSTOMER RIGHTS
The Customer understands that they have the right to dispute inaccurate information in their credit report by contacting the credit bureau directly, but the Customer is retaining Provider to perform the credit repair services listed in Section 1 above. The Customer understands that no credit repair company, including Provider, can have accurate, current, and verifiable information removed from the Customers credit report.
The Customer understands that most negative and derogatory information can be reported on your credit files for seven (7) years. Bankruptcies can be reported on your credit files for ten (10) years. After these periods, the consumer credit reporting agencies will automatically delete the negative and derogatory information and are prevented from reissuing a report containing obsolete information.
The Customer has a right to obtain a copy of their credit report from each of the three (3) credit bureaus: (i) every twelve (12) months from www.annualcreditreport.com or by calling Annual Credit Report at 1-800-322-8228, (ii) without charge on request made to the consumer reporting agency not later than the 60th day after the date on which the agency receives notice the consumer has been denied credit or employment, and (iii) for a minimal charge at any other time.
Provider will assist the Customer in obtaining their credit reports but Customer is required to obtain credit monitoring services through SmartCredit or similar such as IdentityIQ, Privacy Guard, or MyScoreIQ. The Customer understands when Provider obtains a copy of the Customer’s credit report an inquiry may be placed on the Customer’s credit report. In the event Provider and/or the Customer are denied access to one or more of the Customer’s credit reports, the Customer agrees, accepts, and acknowledges that Provider will use the information in the credit report(s) available and develop the best strategy to investigate the inaccurate items in the credit reports that are not available.
All notices and other communications hereunder shall be given in writing and shall be deemed to be duly given and effective: (i) upon receipt if delivered by electronic mail or facsimile, (ii) three days after deposit in the United States mail, and (iii) one day after deposit with a national overnight express delivery service. Either party may change the following contact information upon written notice to the other party. Notices shall be delivered or transmitted to:
D&D Financial Solutions.
3780 Kilroy Airport Way Suite 200
Long Beach CA 90806
The above address is the principal place of business for Provider.
- LIMITED POWER OF ATTORNEY:
The Customer, the undersigned, agrees by executing this Agreement to grant a limited power of attorney to Provider, and any-and-all persons in their employ, as the Customer’s agent, to have the necessary power and authority to undertake and perform the services set forth in Section 1 above on the Customer’s behalf. The Customer hereby gives permission to Provider to write, prepare, mail/fax factual letters, statements, documents, and in rare instances, sign on the Customer’s behalf for the purpose of disputing inaccurate, erroneous, and obsolete credit information held on the Customer’s report by the consumer credit reporting agencies. This limited power of attorney is given to Provider in compliance with section 611 of the Federal Fair Credit Reporting Act. Provider cannot provide legal advice. Provider, its employees, and agents are not attorneys and therefore are not authorized to give legal advice. When submitting documents online, the Customer agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act.
- CUSTOMER AUTHORIZATION:
The Customer authorizes Provider, its employees, and agents to prepare all necessary correspondence, either written or electronic, relating to Provider’s services and to submit to Provider any additional information required to support those services. THE CUSTOMER AGREES TO FORWARD IMMEDIATELY TO PROVIDER ALL CORRESPONDENCE FROM THE CREDIT BUREAUS, creditors, or others relating to services provided by Provider. The Customer understands that all information provided to Provider must be true and accurate to the best of the Customer's knowledge.
In the event that Customer is utilizing Provider’s services as part of the Customer's dealings with a Mortgage Broker, Financial Lender, Auto Dealership/Sales Agent or Real Estate Agent, the Customer authorizes the Mortgage Broker, Financial Lender, Auto Dealership/Sales Agent or Real Estate Agent to disclose the Customer's financial history and credit report(s) to Provider and authorizes Provider to disclose the Customer's financial information and credit report(s) to said agents listed in this paragraph.
If any provision of this Agreement is held to be inapplicable or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect.
The Customer agrees to defend, indemnify, and hold Provider and its members, managers, employees, and agents harmless from and against any and all claims, demands, actions, liabilities, costs, or damages arising out of Provider’s provision of services to the Customer under this Agreement or the Customer's breach of this Agreement, except for claims, demands, actions, liabilities, costs, or damages arising out of Provider’s gross negligence or willful misconduct. The Customer further agrees to pay Provider’s reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement.
This Agreement is deemed to have been made and entered into exclusively in the State of California. This Agreement and its enforcement shall be governed exclusively by the laws of the State of California, without regard to its conflict of law provisions. Any legal or equitable action concerning this Agreement shall be initiated only in Libertyville, California; and, both parties agree that Long Beach, California shall be the sole and exclusive venue for resolving any disputes between the parties to this Agreement.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.
- REGISTRATION AND SURETY BOND
Per Title 5, CaliforniaFinance Code, Section 393.302, “A credit services organization or a representative of the organization may charge or receive from a consumer valuable consideration before completely performing all the services the organization has agreed to perform for the consumer only if the organization has obtained a surety bond for each of its locations or established and maintained a surety account for each of its locations in accordance with Subchapter E.” Any “person damaged by a violation of this chapter” has the right to proceed against the surety bond or account. Provider has registered and obtained the proper security bond (#ACC0051209) to operate as a Credit Repair Services Organization pursuant to Title 5, California Finance Code, Section 393.001 et seq.
The surety bond in the amount of $2,000 is issued September 23, 2021 by:
Allegheny Casualty Company
26560 Agoura Road, Suite 100,
Calabasas, CA, 91302
- DELIVERY DATE
Customer agrees that Delivery Date is 6 months from the date of when Round 1 is initiated in this Agreement, Provider will provide Customer with a final credit report and proof the credit report is accurate. This proof does not require but may result in a higher credit score for Customers. A Final Release Form will be submitted by the Customer validating that services rendered by Provider is complete and Customer is satisfied with the promised services to release escrow payment to Provider. Customer may submit a Dissatisfied and Refund Request form where proof of failure to perform must be provided for cancellation of services and refund. If 5 business days have elapsed since the Delivery Date without an Escrow Release Form or Dissatisfied and Refund Request Form submitted by Customer, services will be considered complete and escrow payment will be released to Provider.
This Agreement contains the entire understanding between Customer and Provider relating to the subject matter of confidentiality, work product, and non-competition. This Agreement shall be governed by and construed in accordance with the laws of Californiaand may be modified only in writing signed by Provider and Customer. Provider hereby consents to the exclusive jurisdiction of the courts of the United States sitting in California. The provisions of this Agreement relating to confidentiality and non-competition shall survive any termination of service no less than two years from the date of termination.
Customer and Provider agree to hold the other party harmless from all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees), arising from the enforcement of this agreement. This Agreement represents the final and entire agreement between the Customer and Provider and shall supersede all other agreements between the parties regarding the subject matter hereof.
I acknowledge and attest that the information I, the Customer, will provide to Provider at any time now and in the future to be true and correct to the best of my knowledge and belief. Any material misstatements of fact made by the Customer to Provider will, at Provider’s option, relieve Provider of any further obligation or responsibility to render services under this Agreement.
BY SIGNING BELOW, I HEREBY ENTER INTO AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHER, I ACKNOWLEDGE I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND THE CONTENTS OF THE AGREEMENT PRIOR TO SIGNING BELOW.