SMC COMPLEMENTARY CREDIT RESTORATION DOCUMENT PREPARATION SERVICES
Terms and Conditions of Enrollment
1. SavingMyCredit (“SMC”) provides financial education services and products. SMC IS A CHARITABLE NONPROFIT ORGANIZATION AND IS NOT A CREDIT REPAIR ORGANIZATION. SMC DOES NOT ACCEPT ANY MONEY OR OTHER VALUABLE CONSIDERATION FOR SERVICES RENDERED.
“The Credit Services Act of 1984” (California Civ. Code § 1789.10 et seq.) CIVIL CODE – CIV DIVISION 3. OBLIGATIONS [1427 – 3272.9]( HEADING OF DIVISION 3 AMENDED BY STATS. 1988, CH. 160, SEC.14. )PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 – 3273] ( Part 4 enacted 1872. )TITLE 1.6E. CREDIT SERVICES [1789.10 – 1789.26]( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )As used in this title:
(a) “Credit services organization” means a person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:
This Agreement (“Agreement”) is entered into by and between Saving My Credit, (the “Servicer,” or “Saving My Credit”), and (the “Client,” or “You”) regarding an agreement to provide credit repair documents preparations services and Client’s agreement and understanding that the service provided within this agreement is a COMPLEMENTARY SERVICE AND THERE WILL BE NO CHARGES TO THE CLIENT FOR SERVICE RENDERED BY SMC. By accepting agreement, Client agrees that it has read and fully agrees with all items on this contract. By entering into this Agreement, Client acknowledges that he or she has read and understands this agreement in its entirety. Client understands that; if Servicer does not receive any and all of the required items listed on the New Client Checklist with the original paperwork, Servicer will not be able to proceed with the credit correction process until all items are received.
This Agreement is exclusively for credit repair document preparation and consulting services, potential identity theft credit repair consulting services and or identity theft protections & identity theft prevention services from Servicer to Client. Servicer will review Client’s credit report and consult with Client best options for removal of erroneous, unsubstantiated or misleading information that Client claims to appear on the credit report (s) furnished to Servicer. Servicer does not offer debt consolidation or debt settlement services.
ALL SERVICES AND PRODUCTS REQUEST BY A CONSUMER ARE PERFORMED BY EMPLOYEES OF SMC.
1. SMC Promotes
SMC promotes the financial wellbeing of individuals through each persons faith in himself or herself to overcome financial adversity, to believe in the empowerment of the individual through faith, and to have the belief that things can and will get better.
2. Applicant Agrees to Promptly Provide
Applicant agrees to promptly provide SMC with copies of any and all correspondence received from the credit reporting agencies and creditors supplying information to those agencies, which relates to inaccurate credit report entries that are subject to challenge and verification pursuant to this Agreement within fourteen (14) days of receipt thereof. Applicant understands that credit reporting agencies have no obligation to remove accurate, verifiable information unless it is listed beyond that period of time in which it is lawful to report it. Applicant understands SMC cannot guarantee specific results due to the fact that all results obtained are dependent on a variety of factors, some of which are outside the control of SMC, including Applicant’s ability to repay creditors, the cooperation of Applicant’s creditors, and the credit reporting agencies’ ability to verify information provided to them by Applicant.
3. Activating Your Account
By activating your account, you authorize SMC to obtain your credit reports for the purpose of preparing credit analyzer reports. If you choose to dispute items on your credit report, the credit reporting agencies have no obligation to remove accurate, verifiable information unless it is listed beyond that period of time in which it is lawful to report it. SMC cannot guarantee specific results due to the fact that all results obtained are dependent on a variety of factors, some of which are outside the control of SMC, including your ability to repay creditors, the cooperation of your creditors, and the credit reporting agencies’ ability to verify information provided to them.
4. Applicant may Cancel
Applicant may cancel his or her enrollment within five (5) business days from the date this Enrollment Agreement is received by SMC. To cancel this enrollment, please send written notice stating your contact information and request for cancellation by email to: [email protected] There is no penalty for cancellation, and all obligations between the parties shall be null and void.
5. Commercial Mediation Procedures
If a dispute arises out of this contract, and if it cannot be settled by the parties, the parties agree first to try to settle the dispute by mediation administered by any mutually agreed upon mediator pursuant to the Commercial Mediation Procedures of the American Arbitration Association (“AAA”). If they do not resolve the dispute within 60 days, then, upon notice by either party to the other, all disputes, claims, questions or differences shall be finally settled by binding unappeasable arbitration administered by any mutually agreed upon arbitrator (or if none can be agreed upon, then by the AAA) pursuant to the Commercial Arbitration Rules of the AAA. In any such proceeding, which must take place in San Diego, the State of California, each party shall bear their own attorney fees and costs, however, the fees and costs of any neutral mediator or neutral arbitrator shall be paid by SMC. Additionally, Applicant agrees not to initiate or participate in any class action proceeding against SMC, whether in a judicial or mediation or arbitration proceeding, and Applicant waives all rights to become a member of any certified class in any lawsuit or proceeding.
6. SMC’ Document Preparation Service
SMC’ document preparation service includes a review of your answers for completeness, spelling and grammar, as well as internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. Our document preparation service is not a substitute for the advice of an attorney. By using our document preparation service, no attorney-client relationship will be created with SMC or any affiliate.
The information and material provided on our Web site is solely for informational purposes and is educational in nature. The law is different from jurisdiction to jurisdiction, and is also subject to interpretation by different courts. Therefore, if you need legal advice for your specific case, or if your specific case is too complex to be addressed by our services, you should consult a licensed attorney in your area.
7.Limited Power of Attorney
This form is a limited power of attorney and will be used for the sole purpose of helping with the restoration of your credit. This does not give us full power of attorney over any of your other affairs nor does it make us your legal counsel. Servicer is not a law firm, and we do not provide legal representation or lawyer services.
a. I, a resident of the State of CA give Servicer its officers, employees and agents, the necessary power and authority, in and on my behalf, to act as my attorney-in-fact in order to undertake and perform the following matters only as set forth herein: obtaining information, including but not limited to credit reports in my name, over the telephone, fax, and internet, through written or online correspondence from credit bureaus, creditors, or collection agencies.
b. If negotiation of a debt is necessary I give Servicer and its officers, employees and agents the right to discuss information to help resolve issues listed on my credit bureau reports. I hereby authorize Servicer and its officers, employees and agent’s this release or copy thereof within 6 months of this date to obtain any information in my credit report that may involve medical records and/or credit records.
c. I hereby direct said record holder authorization to release any requested information upon the presentation of this Limited Power of Attorney. I hereby release the bearer of this authorization as well as the recipient, including but not limited to, the Custodian of such records, Repository of the Court Records, Credit Bureaus (Trans-Union, Equifax, Experian, Innovis, Chex-systems), consumer reporting agencies, retail business establishments, lending institutions, student loan agencies (public and/or private), from liability including whatever kind which may at any time result to me, my heirs, family or associates, because of compliance with this authorization to release information, or any attempt to comply with it.
d. I have the right to revoke or terminate this Limited Power of Attorney at any time. This Limited Power of Attorney shall terminate 6 months from the date of execution set forth below. My attorney-in-fact shall not be liable for any acts or decisions made in good faith and pursuant to the terms herein. All issues pertaining to validity, interpretation, and administration of this Limited Power of Attorney shall be determined in accordance with the laws of the State of California.
a. Both parties warrant that they have full power of authority to enter into this Agreement.
b. Client represents that disputed items in credit report(s), to the best of Client’s knowledge, are inaccurate, incomplete, unverifiable or misleading. The Client understands that Servicer cannot guarantee the removal of items, which are factually accurate, and no refunds will be given for failure to remove such items. Client warrants and represents that all information, documents, written and oral statements provided to Servicer are, to the best of Client’s knowledge, true, complete, not misleading and are the sole responsibility of the Client. Servicer does not have an obligation to independently verify the accuracy, completeness or veracity of Client’s information.
c. Servicer is not licensed to practice law in any jurisdiction and does not offer legal advice. Any advice given is based on Servicer’s subjective experiences and offered for general educational purposes only. Client authorizes Servicer to use Client’s personal information in order to help and assist with the disputes of negative content from the Client’s credit report(s). To achieve that result,
d. Client authorizes Servicer to contact third parties, such as creditors and credit reporting agencies. While Servicer will use its best efforts to safeguard the Client’s interests, the Client understands that the Servicer is not affiliated with these third parties, and such contact may generate unpredictable and sometimes negative reactions. Since the Servicer has no control over third party conduct, Servicer disclaims all liability arising out of the Servicer’s contact with third parties in order to carry out the purposes of this Agreement. Servicer is not liable for any legal actions taken by creditors or other parties against the Client during or after the term of this Agreement.
9. Confidentiality and Liquidated Damages:
a. All communications, verbal, written, or otherwise, between the Servicer and the Client shall be deemed confidential. The Client shall not, during the term of this agreement or after the termination of this agreement, disclose any communications between the Servicer and the Client to any third party, except with the prior written consent of the Servicer. Furthermore, the parties agree to refrain from making any disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as disparaging, slanderous, or defamatory, that may potentially result in harm to the Servicer’s financial condition and/or reputation among the public at large. This provision shall remain in effect even after the termination of this Agreement. Violation of this provision shall constitute a material breach of this agreement.
a. Client agrees to defend, indemnify and hold harmless Servicer, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from or relating to (i) Servicer’s services under this Agreement, (ii) Client’s violation of this Agreement, (iii) Client’s fraudulent or malicious use of Servicer’s services, (iv) Client’s misrepresentations, false claims regarding identity theft to the Servicer or any third party, (v) Client’s violation of applicable laws, rules or regulations, (vi) Servicer’s use or interpretation of any information provided by Client;; or (vii) Servicer’s disclosure of Client’s relationship with the Servicer.–
a. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES. SERVICER IS NOT LIABLE FOR ANY MONETARY DAMAGE, REPUTATIONAL DAMAGE, BODILY INJURY OR DEATH ARISING OUT OF OR RELATED TO THE SERVICES UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL THE SERVICER BE LIABLE FOR ANY AMOUNTS EXCEEDING THE COLLECTED SERVICE CHARGE.
12. Limitation of Liability:
a. IN NO EVENT SHALL SERVICER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND LOST PROFITS) RESULTING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE SERVICER HAS BEEN ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES
13. Material breach:
Client acknowledges and expressly agrees that any of the following events, without limitation, shall be deemed to be a material breach of this Agreement, for which Servicer shall have the right to terminate this Agreement, discontinue the services immediately, accelerate and demand all payments immediately due:
a. Client’s account balance is over 30 days past due.
b. Client’s check has been returned or ACH declined due to insufficient funds more than two (2) times.
c. Client misrepresents or fails to fully disclose all relevant information.
d. Client breaches the duty to communicate.
e. Client breaches the duty of confidentiality.
f. Client fails to notify servicer within 5 (five) days of any change in Client’s mailing address,
Telephone number, email address, any changes in Client’s marital status, employment, or the ability to pay creditors; and any developments that are likely to have an effect upon the correction of the Client’s credit report(s);
g. Client incurs additional indebtedness without Servicer’s written consent
h. Client fails to respond to any request by Servicer to complete, execute and return documents or forms within 5 (five) business days.
i. Client breaches terms of any credit correction procedure that is being managed, monitored or implemented under the Agreement. Including discontinuing the subscriptions to the monthly credit monitoring system before the servicer can finish the dispute process. You understand that you will purchase a 3rd party credit reporting and monitoring service. These charges are not to be paid to Servicer they are to be paid by you directly to the monitoring Servicer. These charges may range from 1.00 to 40.00 a month, and these charges may add up to $200.00 or more while the duration if this dispute process is being conducted. Client is not to change the user and password while we are conducting our services or the client. If this happens the client may encounter a delay on the time frames stated in this contract/agreement
14. Force Majeure:
a. Servicer, it shareholders, directors, officers, agents, representatives and employees, will not be liable for any failure or delay resulting from fire, explosion, floods, or more, act of God, act of terrorism, government acts orders or regulators, or changes in the 3 credit bureaus internal processes and or changes to any governing and or credit repair laws or acts, hostilities, civil disturbance, strike, labor difficulties, or any third-party servicing Servicer that goes out of business after our payment is rendered to them to help us complete our services to you, machinery breakdown, Internet or telecommunication failure, Or any similar events beyond the reasonable commercial control of the servicer.
15.Third Party Professional Wavier:
a. In the case that the Client has been referred to Servicer by the Client’s mortgage, lending professional, or other referral partner, Client gives Servicer permission to access the reports and information said mortgage, lending professional, or other referral partner is in possession of regarding Client. Client authorizes Servicer to send updates to the third party professional on Client’s Servicer account by signing below. Client acknowledges and agrees that the referral to Servicer by the Client’s lending professional shall not be construed as creating any duty on the part of such professional to provide the services Servicer is providing to Client. The Client hereby releases and holds harmless the Client’s third party professional(s) against any and all claims it may have against them or it as a result of the professional’s referral to Servicer.
16. Correspondence with Credit Agencies and Creditors:
a. Client further agrees to not communicate, dispute, or take other action with the credit reporting agencies and creditors while Servicer is in the process of correcting client’s credit. Servicer will not be responsible or liable for any delays caused by Client for interaction with the Client’s credit reporting agencies and/or the Client’s creditors during Servicer’s credit repair process.
17. Credit Repair Services to be performed:
a. Servicer will create a strategic plan to assist Client in meeting Client’s goals, upon request of Client.
b. Servicer will analyze and review Client’s status during the time it takes to complete services.
c. Servicer will respond to, receive, and/or initiating correspondence via one or more of these methods to include: telephone, email, facsimile, physical mail (i.e.: USPS, FEDEX, UPS, etc.) on behalf of Client.
d. Servicer will create letters and/or emails and/or faxes and/or electronic communications and/or other written communications in the attempt to correct errors and other items appearing on the Client’s credit report, which Client indicates are inaccurate, incomplete, outdated, or unverified as per the Fair Credit Reporting Act. This includes preparation and transmittal of written correspondence to credit bureaus to verify and/or dispute items appearing on the client’s credit report.
e. Servicer will review and analyze all correspondence received from credit bureaus, creditors, and others which Servicer receives or is provide by the Client.
f. Servicer will conduct follow up calls with Client to discuss Client’s status and strategy.
g. Servicer will review Client’s credit report updates to determine subsequent steps.
h. Servicer will assist Client with credit questions.
18. Guarantees and Refunds
Servicer cannot guarantee any specific issue will be removed. Servicer cannot Guarantee that all disputed issues will be removed.
b. Servicer cannot guarantee any increase in credit score and will not be held responsible for a change in Client’s credit reporting profile or credit score. Client also understands that results may vary for one client to another. Client understands that Servicer will not be held responsible for any claims, promises or guarantees that anyone or Servicer representatives may have made outside of this binding agreement.
c. NO Refunds for dispute work.
d. NO Refunds for client’s that breaches the contract : Example; not able to supply correct or useable documents that the client agreed to supply to perform the agreed service.
e. Applicant/clients may cancel his or her enrollment within five (5) business days from the date this Enrollment Agreement is received by SMC. To cancel this enrollment, please send written notice stating your contact information and request for cancellation by email to: [email protected] There is no penalty for cancellation. If you cancel within those five (5) business days, you will receive a full refund of the entire payment made to SMC and all obligations between the parties shall be null and void.
f. If Applicant cancels after five (5) business days after the enrollment agreement was received by SMC there will be NO Refunds.
a. We will begin providing Services as soon as all required paperwork has been submitted and pursuant to all other terms of this Agreement.
b. You understand that throughout our providing services to you, you may receive standard form letters from the three major credit bureaus telling you that you do not have to use a credit repair company that you should know your rights that you have to send proof of ID, etc. These are standard letters and you should not be alarmed.
c. If a referral partner referred the client to Servicer, Client hereby expressly consents to sharing data concerning the progress of the credit restoration process with the identified referral partner.
20. Client Responsibility, Obligations and Agreement:
a. Working as a team will play an integral role of both the ultimate success and the final outcome of Servicer’s efforts. Please read each item carefully:
b. Client agrees to sign a Client Application and Authorization as well as Limited Power of Attorney granting Servicer specific right to contact, represent, sign for, and send correspondence produced by Servicer on Client’s behalf.
c. Client will not interact with creditors, dispute accounts on their own, or take any action on their own to clean their credit while in the process with Servicer which also includes but is not limited to hiring an additional Servicer for credit repair at the same time Servicer is engaged in repairing the Client’s credit. Client acknowledges that such actions will severely hinder the results of their credit repair.
d. Client agrees to forward any and all mail correspondence received from creditors, credit bureaus, collection companies, attorneys, etc. regarding their credit file to Servicer as soon as they receive the same. This may be done by fax, mail, or email.
e. Client must maintain an active credit monitoring account and share login details of account with Servicer.
f. Client hereby acknowledges that the deletion or correction of any item as displayed through third party credit monitoring service, directly from the credit bureaus sites, or any other similar means shall be proof of deletion or correction.
g. Client agrees to provide (initially and ongoing) credit reports to Servicer with scores from all three credit bureaus (Equifax, Experian and Trans Union). Client also agrees to provide all agreed upon documents to preform service and any failure to provide the agreed and correct documents will be a breach of contract.
h. Client Agrees to payment terms and conditions set forth in Agreement.
i. 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 any progress and improvements made to Client’s credit by Servicer.
j. Client agrees to contact Servicer with any questions regarding their credit including credit inquiries or questions regarding applying for consumer credit.
k. Client acknowledges and agrees that the Internet is considered inherently insecure. Therefore, Client agrees that Servicer has no liability to Client whatsoever for any loss, claim, or damages arising or in any way related to Servicer’s responses to any electronic communication, upon which Servicer has in good faith relied. At all times, Client maintains the sole obligation to ensure they can receive Servicer’s electronic communications, and access them on a regular and diligent basis.
l. Client acknowledges that under no circumstance shall Servicer counsel or advise Client to make any misleading or untrue statements to a consumer reporting agency or any other entity concerning the Client’s identification, home address, creditworthiness, credit standing or credit capacity.
m. Client acknowledges that Client has the ability to seek the assistance of a nonprofit credit counseling company if Client is experiencing difficulties in meeting their monthly financial obligations.
n. Client may cancel this contract without penalty or obligation at any time before midnight of the 5th day after the date on that SMC has received client/ applicant’s agreement. Servicer 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 applicant’s agreement was received by SMC. All Cancelations will be sent to SMC via Email. [email protected]
21. Entire Agreement:
a. This agreement contains the entire agreement between the parties with respect to the subject matter contain herein. All prior, or contemporaneous agreements, discussions or understandings, whether oral ,or written ,or expressively superseded by this agreement. Client acknowledges reading and understanding this agreement and by accepting these terms and conditions client consents and agrees to be legally bound by it.