Wholesale Tradelines – Client Agreement
1. PARTIES. This agreement is intended to be a binding contract by and between First Coast Matchmakers, LLC d/b/a Wholesale Tradelines (hereinafter “FCFM”) and the undersigned client (hereinafter “Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to FCFM is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of FCFM as set forth herein, and that he/she will not use any of the services of FCFM or any information provided by FCFM for any unlawful purpose.
2. DEFINITION OF TRADELINE. The term “tradeline” technically refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline. The act of adding Client to another person’s tradeline consists of adding Client as an “Authorized User” on that person’s line of credit, resulting in the tradeline also appearing on Client’s credit bureau report.
3. SERVICES PROVIDED.
A. TRADELINES. FCFM agrees to identify one or more tradelines (as indicated in the “Tradeline Order” clause below) on behalf of Client and perform all functions necessary to have Client added to those tradelines as an “Authorized User” on or before the date of the first billing statement following the date of this agreement for each tradeline. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines until three (3) days after the second (2nd) statement/closing date for each tradeline after being added thereto, after which he/she will be removed therefrom. Accordingly, it is the understanding and intent of the parties that Client will maintain “Authorized User” status on each tradeline for two billing statement dates, and that Client will receive two postings of each tradeline to his/her credit bureau report. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. The client also understands that there is consulting work being done throughout this process and that fees charged for such purpose will be nonrefundable. Sometimes, for a variety of reasons, the Tradeline Order does not report on the first billing statement following the date of the agreement. In such cases, Client understands that the Tradeline Order will report on the next (second) billing cycle following the date of this agreement. If the Tradeline Order does not report on the second billing cycle, FCFM agrees to provide a replacement tradeline of greater or equal quality at no additional cost to Client. If the replacement line does not report for whatever reason, then a store credit will be issued if client does not desire an additional replacement line.
B. CREDIT SWEEPS. A “credit sweep” is a term of art which refers to a general review and evaluation of a credit profile and the subsequent initiation of disputes for problematic or inaccurate information contained therein. Specifically, by promising to perform a “Credit Sweep” FCFM agrees to (i) evaluate Customer’s current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information; (ii) to advise Customer as to the necessary steps to be taken on the part of Customer in conjunction with Our Company, (iii) to dispute any inaccurate, erroneous, false or obsolete information contained in the customer’s credit reports up to 4 rounds, (iv) To prepare all necessary correspondence in dispute of inaccurate, erroneous, false, or obsolete information in customer’s credit reports, (v) to review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion; and (vi) to provide consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
C. INQUIRY REMOVAL. FCFM agrees to review Client’s credit reports with a view towards identification, review and removal of old, non-current credit inquiries from the report. Non-current credit inquiries are inquiries which are not associated with current credit accounts maintained by the Client.
D. 5K PRIMARY. FCFM agrees to assist Client with obtaining a “primary tradeline” with a credit limit up to five thousand dollars ($5,000.00) which can be incorporated into the Client’s credit report.
4. FEES. Client agrees to pay, and FCFM agrees to accept as compensation, the fee specified in the “Order” clause below. Client understands and agrees that this fee is to be paid in full prior to the commencement of any work or delivery of any services by FCFM. Client understands and agrees that no work will be performed by FCFM until it has received the entire fee, and that all fee payments received are to be considered earned upon receipt and non-refundable. Consequently, Client agrees that any partial fee payments received will not be refunded to Client in the event Client fails to pay the remainder of the fee, although Client will retain the right to pay the remainder of the fee and receive the services of FCFM for up to one year from the date of this agreement. Client further understands and agrees that after one year from the date of this agreement, any partial fees paid by Client shall be forfeited to FCFM. Client further agrees that in the event any method of payment is returned or declined for any reason, FCFM may remove that Client from any tradeline to which that Client has been added until such time as that payment has been replaced with good funds.
5. FAILURE TO PERFORM. The parties agree that if FCFM is unable to identify all of the tradelines contemplated by this agreement, Client shall be entitled to a store credit equal to the total fee set forth herein divided by the total number of tradelines contemplated by this agreement, then multiplied by the number of tradelines that FCFM was unable to identify (ie, total fee ÷ total number of tradelines contemplated x number of tradelines not identified = store credit). That is, the fee set forth herein has been calculated by multiplying the fee for each tradeline by the number of tradelines to be identified, with the fee for each tradeline being equal to the fee for each other tradeline and the fee for each tradeline consisting of an equal percentage of the entire fee. In the event FCFM is unable to fully perform, Client will be entitled to a store credit for only that percentage of the fee that FCFM failed to earn.
6. PROOF OF NON-PERFORMANCE. The parties agree that in the event Client has not been timely added to the specified tradeline(s) in accordance with the “Services Provided” clause above, FCFM shall have the sole and exclusive option of either adding the Client to a different tradeline of equal or greater quality, or crediting the Client’s fees to him/her within thirty (30) days of the date it receives written proof from the Client of FCFM’s non-performance, provided such written proof is received by FCFM by email or text message within twenty-one (21) days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon FCFM. It is further understood and agreed that FCFM shall not be bound or obligated to issue a refund, store credit, or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than email or text message as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith.
7. AUTHORIZATION. Client hereby grants to FCFM full authority to use his/her information for the sole purpose of adding him/her to the selected tradeline, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Client authorizes FCFM to perform any and all acts necessary to accomplish the goals of this agreement, and agrees to execute any and all documents necessary to facilitate FCFM’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Client authorizes FCFM to sign and or electronically sign any and all documents pertaining to adding tradelines, credit sweeps, inquiry removal, 5k primary, on your behalf. Client further agrees that FCFM will exercise its sole discretion in choosing the specific tradeline to which Client will be added, provided that any tradeline chosen by FCFM will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which Client is listed as an “Authorized User” thereon.
8. USE OF PERSONAL INFORMATION. Client agrees to provide to FCFM any and all personal information necessary to allow FCFM to add that Client to the specified tradeline, and FCFM agrees that it will use any personal information received from Client solely for that purpose. FCFM will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement.
9. USE OF FALSE OR UNAUTHORIZED INFORMATION. Client agrees that he/she shall not use, provide, or submit to FCFM, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, FCFM shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (i.e., remove the Client from any tradelines to which he/she has been added by FCFM). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to FCFM shall not be refunded to Client but shall be retained by FCFM and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that FCFM’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that FCFM does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
10. ASSUMPTION OF RISK. Client understands and agrees that there exists an inherent risk in providing his/her personal information to FCFM, and in FCFM in turn providing that personal information to third parties on Client’s behalf. Client therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Client further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
11. RELEASE. Client agrees to permanently and irrevocably release FCFM and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by FCFM, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
12. INDEMNIFICATION. Client shall fully indemnify, hold harmless and defend FCFM and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to FCFM, any misrepresentation made to FCFM, or the provision of any false, fraudulent, illegal or unauthorized information to FCFM, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
13. DISCLAIMER. Client understands and agrees that any and all products and services offered by FCFM are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that FCFM does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from FCFM will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind including threats or harassment to FCFM or its employees shall constitute an immediate material breach of this agreement, and that in any such event FCFM shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by FCFM or discontinue a Credit Sweep or Inquiry Removal service). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to FCFM shall not be refunded to Client, but shall be retained by FCFM and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that FCFM’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that FCFM does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that FCFM reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify FCFM for any fines or other penalties of any kind that FCFM may incur as a result of Client’s failure or refusal to cooperate with any such investigation.
14. ABSENCE OF GUARANTEE. Client understands and agrees that FCFM cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client’s credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by FCFM or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that FCFM may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Client.
15. LIMITATION OF LIABILITY. Client agrees that any liability on the part of FCFM for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of FCFM, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to FCFM under this agreement. Client further agrees that FCFM shall not be liable for the acts or omissions of any third party, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by FCFM.
16. LIMITATION OF ACTIONS. Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against FCFM more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.
17. CHOICE OF LAW AND FORUM. The parties further agree that any and all actions, proceedings or litigation brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, shall be initiated in Duval County, Florida and shall be decided in accordance with the laws of the State of Florida.
18. ATTORNEY’S FEES AND COSTS. The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
19. NON-WAIVER. It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.
20. SEVERABILITY. It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
21. ENTIRE AGREEMENT. It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supercedes all other verbal or written agreements made prior to or concurrent with this agreement.
22. MODIFICATION. It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
23. TRADELINE ORDER. Client authorizes and directs FCFM to identify and add him/her to the applicable tradelines selected.
24. OTHER SERIVCES SPECIFIED IN ORDER FORM. Client further authorizes and directs FCFM to perform such and as many of the other services specified in the Client’s order form.
25. COMPLIANCE WITH FLORIDA CREDIT REPAIR ORGANIZATIONS ACT. FCFM hereby represents that it is exempt from the mandates of Fla. Gen. Statutes § 817.7005(1) as it has obtained a surety bond and established a trust account as required by law. By signing and acknowledging below, the Client admits that it has been furnished with a copy of the information statement required by Fla. Gen. Statutes § 817.702-704.
EACH CLIENT WHO ORDERS FROM FCFM ELECTRONICALLY SIGNS THAT THEY CERTIFY THAT THEY HAVE READ THE FOREGOING AND THAT THEY UNDERSTAND AND AGREE WITH EACH OF THE TERMS SET FORTH ABOVE AND IN THE DISCLOSURE STATEMENT.
NOTICE OF CLIENT’S RIGHT TO CANCEL:
“You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.”
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:
First Coast Financial Matchmakers
13245 Atlantic Blvd, 4-307
Jacksonville, FL, 32225, United States
I hereby, as of this ________ (day) of _________ (month), ________(year) cancel this transaction. By: ___________________ (Name of Client)
INFORMATION STATEMENT TO CLIENT.
1. You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor a credit repair company or credit repair organization has the right to have accurate, current and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported up to 10 years. You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. You have a right to sue a credit repair organization that violated the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute that accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580.
2. You should be aware that you have the right to raise a dispute directly with a consumer reporting agency if you discover any issues with the completeness or accuracy of any item contained in any file on you which is maintained by the consumer reporting agency.
3. You should be aware that accurate information cannot be permanently removed from the file of a consumer reporting agency.
4. You agree and acknowledge that you have received a detailed description of the services which FCFM will provide on your behalf, which includes an itemized fee schedule explaining the cost of each service. Generally, FCFM provides “tradelines” “credit sweeps” and other related services designed to improve your credit profile. These terms and the specific activities provided by FCFM for each service are described in the client contract previously provided to you.
5. You understand and acknowledge that in the event you are injured or suffer damages as a result of violations of the Florida Credit Reporting Act, Fla. Gen. Statutes 817.701, et. seq. you may proceed against the bond or trust account maintained by FCFM as required under s. 817.7005.
6. You are aware and understand that FCFM is bonded by International Fidelity Insurance Company, whose address is One Newark Center, Newark, New Jersey 07102, under bond number 0705121. You are aware and understand that FCFM maintains an account with Bank of America, under Account Number 898085318657, which branch is located at 13170 Atlantic Blvd., Jacksonville, Florida 32225.