CREDIT RX AMERICA LLC SERVICE AGREEMENT
You (the "Client" or "you") have contracted Credit RX America LLC., a Wyoming Limited Liability Corporation Headquartered in Wyoming, et al ("CRA, "us," or "we") and CRA has agreed to take action, as specified herein, and as deemed appropriate, to achieve this goal. And will provide services pursuant to the terms herein.
This ("Agreement") is dated&nsbp; 6/20/2016 and effective upon the date that the Client accepts the terms herein via electronic signature as recorded electronically by CRA. The term of this agreement is 6 months from the agreement date, and will automatically renew without a written notice from client canceling automatic renewal prior to the date of the original 6 month term expiration. CRA does not charge you in advance for any work performed.
You, the buyer, may cancel this contract at any time before midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.
1. CRA's Scope of Services and Costs
CRA's services include assisting you in disputing inaccuracies, misstatements or unverifiable information and other incorrect information reported on your credit reports. CRA does not charge om advance for any credit repair services. CRA, will not remove any derogatory information (defined as accurate information appearing on a Client’s credit report). Nor will Company assist Client on improving Client’s credit rating or record. CRA shall provide the following services:
Pay for Results Plan:
Fee of $99.00 per (Standard) item updated or deleted from each credit (bureau) file (or $89.00 if you sign up with your spouse). Standard items include: Inaccurate Collections, Charge-offs, Repossessions, Medical Bills, Late Pays, Foreclosures, Bankruptcies, and Judgments.
Optional Credit Essentials:
Optional Disputing Credit Inquiries on your Credit Report: Fee of $50 for each Inquiry from each credit reporting agency. Payment due to CRA upon the correction/removal of each inquiry.
Optional Identity Protection-Credit Freeze: Fee of $50 for each Identity and each credit reporting agency. Payment due to CRA upon CRA preparation and mailing the request for credit freeze(s) to CRA(s).
Optional ChexSystems service. One-time Fee of $350 for consultation and audit of dispute. Includes 3 months of unlimited advanced disputes. Due upon CRA auditing ChexSystems file. The purpose of this fee is to allow CRA to review the Client’s financial documents, as provided by the Client, and for CRA to take the necessary time to consult with the Client. This fee is the entire fee for this service. Client will not be charged any additional fees for CRA’s ChexSystems services. CRA’s audit services are optional and sold independently of any credit repair service. This fee will only be charged upon CRA’s consulting with the Client and completing the above analysis.
Discounts that may be applied: 1) Active military service personnel discount in the amount of 10% (with presentation of valid active duty military ID) off all billed services listed above.
If you, the Client, seek additional services not contained in the Program you selected, a separate agreement may be required.
2. 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. To complete the dispute process such may take approximately twelve months. On average, clients remain active for 6 to 8 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 on the individual's credit report.
3. Cost for Services
The total amount charged to you will depend on how many items on your credit report(s) you choose to have us correct or have investigated. CRA charges you only after an item is deleted/corrected. Based upon what you have told us about your credit situation it is estimated that the total charge for your services can be calculated by using the following chart:
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# of items chosen by you to delete
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X $99.00 (or $89.00 when you sign-up with your spouse)
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= An estimate of Total Cost
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Please understand that this is an estimate only and based on the types of services CRA will provide to you, CRA is unable to give you a fixed amount that you will pay CRA upon the conclusion of CRA’s services.
This payment covers all of the work fully and completely rendered as described in Paragraph 1, CRA's Scope of Services, section titled "pay for results" and "Optional credit essentials" are due at the completion of each deletion/correction or Optional service completed
4. Terms for Payment
You grant CRA permission to authorize and capture fees as they become due unless you terminate this Agreement within 5 days. You may be charged a $25 fee if your payment to CRA for the services it has rendered to you is not honored. Additionally, you grant CRA permission to authorize and capture any past due fees after termination of the Agreement. You agree to pay CRA for all services performed consistent with this Agreement in a timely manner. All payments are due upon receipt of invoice following each deletion. All payments shall be made by debit card, credit card or other means agreeable to CRA consistent with the terms of this Agreement. Late payment is defined as any payment that is received by CRA more than 3 days after it is due. Following the 3rd calendar day after payment is due, CRA shall impose a late fee of no more than $10 per payment that is received late and all amounts past due shall incur interest at the rate of 1% per month. In the event of late payment of default, You authorize CRA to use all lawful collection methods, including calling through the use of an automated dialer system and sending account to third party collections. You are responsible for attorney’s fees and costs incurred by CRA in all collections activities.
5. Cancellation Policy
You may cancel this Agreement at any time with 60 day notice, for any reason or no reason, by providing notification to CRA. You will owe fees for items successfully removed through the end of the cancellation period. 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 CRA at 1621 Central Ave. Cheyenne WY 82001. In the alternative, you can cancel this contract by sending an email stating your name, address, phone number, birthdate, and desire to cancel this transaction to info@creditrxamerica.com You can also complete the Cancellation Notice at the end of this agreement and return it via mail, email.
CRA has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement.
6. Refund Policy
See the attached notice of cancellation form for an explanation of this right. To request a refund, simply mail a refund request, or email a refund request to info@creditrxamerica.com or call us. info@creditrxamerica.com or call us.
7. 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/or electronically process disputes on your behalf specifically addressing the items on your credit report that you identify as inaccurate, misleading or unverifiable. By granting CRA a Limited Power of Attorney, you give CRA authority and permission to write and send letters to creditors and credit bureaus on your behalf and process disputes electronically, as applicable.
By checking the box on our application form that states: "I UNDERSTAND BY CHECKING THIS BOX AND PROVIDING MY SOCIAL SECURITY NUMBER, I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE, ACKNOWLEDGE THAT I HAVE RECEIVED AND READ THE LEGAL DISCLOSURES, FEDERAL DISCLOSURE, STATE DISCLOSURE, AND SERVICES AGREEMENT, AND GIVE MY ELECTRONIC SIGNATURE AND LIMITED POWER OF ATTORNEY FOR CREDIT RX AMERICA, ETAL TO PERFORM WORK ON MY BEHALF" you are representing and agreeing that you accept all terms and conditions as if you had physically provided your signature.
LIMITED POWER OF ATTORNEY
This is a Limited Power of Attorney providing CRA with the permission to represent you in accordance with this Agreement. Your Limited Power of Attorney authorizes and directs CRA to act as your disclosed or undisclosed agent when performing the services you have retained CRA to provide. For the duration of this Limited Power of Attorney we may write, sign, and send letters to the credit bureaus, and collectors, as deemed appropriate, in your name and on your behalf.
You may cancel your electronic authorization and your Limited Power of Attorney at anytime by sending CRA an e-mail stating that you retract your electronic authorization. Without this electronic authorization and Limited Power of Attorney, CRA is unable to represent you, and canceling it will terminate this Agreement.
8. Client Obligations and Acknowledgements
a) You agree to assist CRA in obtaining tri-merge (three bureau) credit reports by obtaining and maintaining at your cost a "credit monitoring system” which provides 3 bureau credit reports with refreshed and updated credit reports no later than every 30 days through a provider that is acceptable to CRA and provide CRA access to that account through the entire credit repair process. You also will provide a copy of your driver’s license, social security card, and a recent Utility bill showing the correct address and the personal identification needed for our process and the credit bureaus.
b) You agree to cooperate with CRA in the review of your credit history and the identification of inaccurate or questionable items on your credit report.
c) You agree to pay CRA a fee of $99.00 per item updated or deleted from your credit file (or $89.00 if you sign up with your spouse).
d) If option is taken: You agree to pay CRA a fee for Identity Protection-Credit Freeze: Fee of $50 for each Identity and each credit reporting agency. Payment due to CRA upon CRA preparation and mailing the request for credit freeze(s) to CRA(s).
e) If option is taken: You agree to pay CRA a fee for ChexSystems service. One-time Fee of $350 for consultation and audit of dispute. Includes 3 months of unlimited advanced disputes. Due upon CRA auditing ChexSystems file. The purpose of this fee is to allow CRA to review the Client’s financial documents, as provided by the Client, and for CRA to take the necessary time to consult with the Client. This fee is the entire fee for this service. Client will not be charged any additional fees for CRA’s ChexSystems services. CRA’s audit services are optional and sold independently of any credit repair service. This fee will only be charged upon CRA’s consulting with the Client and completing the above analysis.
g) If option is taken: You agree to pay CRA a fee for Disputing Credit Inquiries on your Credit Report: Fee of $50 for each Inquiry and each credit reporting agency. Payment due to CRA upon the correction/removal of each inquiry.
h) You agree to grant CRA permission to withdraw the specified fees from your credit card or bank account.
i) IMPORTANT: You agree to provide CRA with legible copies of all correspondence you receive from the creditors and credit bureaus promptly, within 7 days of their receipt.
j) You agree to promptly notify CRA of any change of your name, address and/or marital status.
k) You understand that CRA is expending labor, materials and funds in order to work on your credit file and that CRA is relying on your prompt furnishing of ALL correspondence received by you from either the creditors or credit bureaus, promptly upon being received by you and within 7 days. You further understand and agree that failure to provide legible copies of all correspondence you receive from the creditors and credit bureaus damages CRA and that CRA will use available credit information to establish what items have been corrected or removed from your credit file and will charge you for those items, and you agree to pay for those items, the fees agreed upon by Client and CRA.
l) Client understands that it is their right to execute similar disputes on their own behalf, but has willfully elected to allow CRA to perform the services for the fees agreed upon by Client and CRA.
m) For the duration of the contract CRA will systematically prepare and mail dispute letters as needed to the credit bureaus, collection agencies and creditors. We will also send debt validation letters to collectors upon request (at additional cost), subject to you providing us with collection letters within thirty days of the date you receive them from the collector. All letters are sent on your behalf and in your name.
o) The Client understands that all information provided to CRA must be true and accurate to the best of the Client's knowledge. Client agrees to provide CRA with any and all information, in a timely manner, needed to facilitate the services to be provided to the Client. The Client authorizes CRA, its employees and agents to prepare all necessary correspondence, either written or electronic, relating to CRA's services and to submit to CRA any additional information legally required or necessary to support those services. The Client agrees to forward immediately to CRA all correspondence from the credit bureaus, creditors or others relating to services provided by CRA. The Client agrees to print or save a copy of this Agreement to retain with your personal records. Client agrees to make copies of any documents provided to CRA to retain with your personal records. CRA may not return documents forwarded by you. Client understands that CRA is not a law firm and does not offer legal advice. Should you need legal advice CRA instructs you to consult with an attorney licensed to practice law in the state you reside.
9. Arbitration
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, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming. 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 (not attorney’s fees) of arbitration equally. 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.
10. Applicable Law and Jurisdiction
This Agreement is made in Laramie County, State of Wyoming, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the state of Wyoming, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and/or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.
11. Joinder and Class Action
No dispute concerning this Agreement or CRA’s 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.
13. Prevailing Party
If any litigation or other proceeding is brought by either party in connection with this Agreement or CRA’s services, the prevailing party in the litigation or other proceeding is not 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.
14. Severability
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.
15. 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.
16. Contacting CRA
Our principal business address is as follows:
Credit RX America LLC
1621 Central Ave.
Cheyenne WY 82001
17. Transacting Business Electronically and Consent to be Contacted
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 anytime 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 us 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 your information Client may send to: Credit RX America LLC, of 1621 Central Ave, Cheyenne WY 82001. 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 of 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: Credit RX America LLC, of 1621 Central Ave, Cheyenne WY 82001.
18. Authorization to Obtain Credit Report:
Client authorizes Credit Rx America LLC to obtain Client’s credit report and/or score from TransUnion, Equifax, and Experian.
19. Non-Profit Credit Counseling Services Notification
Consumers should be aware that non-profit credit counseling services are available which provide a range of financial and money management services. Additional information is available at the Federal Trade Commission website.
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 ESign 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
You, the buyer, may cancel this contract without penalty or obligation at any time before midnight of the 5th day after the date on which you signed the contract. Company will not perform any credit repair services on behalf of the Client before the end of the fifth business day period beginning on the date the contract is signed. See the attached notice of cancellation form for an explanation of this right
Separate Notice of Cancellation Form
(Pursuant to Federal and State Statutes):
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed.
If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:
Credit RX America LLC.
1621 Central Ave.
Cheyenne WY 82001
I hereby cancel this transaction effective
_________________________
___________________________
(Client's signature)
You may send this notification by email to creditrxamerica@gmail.com.
Separate Notice of Cancellation Form
(Pursuant to Federal and State Statutes):
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed.
If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:
Credit RX America LLC.
1621 Central Ave.
Cheyenne WY 82001
I hereby cancel this transaction effective
_________________________
___________________________
(Client's signature)
You may send this notification by email to creditrxamerica@gmail.com.