As used herein, the following terms shall have the meanings set forth below:
“Products” shall mean the following of Company’s services to be sold by Company
2) Terms and Conditions
The specific services, warrantees, payment terms, and total cost are set forth in the client disclosure statement incorporated herein for all purposes.
3) Conflict of Interest.
Customer warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Products.
a) Indemnification by Customer. Client shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of negligence or malfeasant acts of Customer.
b) Indemnification by Company. Company shall indemnify and hold Customer free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of failure of Company to provide reasonable credit score increase withinthe allotted term.
5) Product Availability.
Under no circumstances shall Company be responsible to the Customer or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, and acts of nature, war, civil disturbance, vendor problems or any cause beyond Company’s reasonable control.
6) Affiliate Service Provider.
The Company has the option of fulfilling the credit services through a credit services processor or subcontractor, to best serve you.
7) Term and Termination.
a) Term. This Agreement shall continue as outlined in “Exhibit A” unless terminated by company as provided herein. Thereafter, this Agreement shall continue until terminated by conditions provided within this agreement.
b) Termination for Cause. If either party default in the performance of any material obligation in this Agreement, then the non-defaulting party may give written notice to the defaulting party and if the default is not cured within thirty (30) days following such notice, the Agreement will be terminated.
8) Limitation on Liability.
In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation or reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Company.
Client acknowledges that by reason of its relationship to the Company hereunder it will have access to certain information and materials concerning Company’s business plans, Customers, technology, and products that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Customer agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company. Company shall advise Customer whether or not it considers any particular information or materials to be confidential.
10) Governing Law and Jurisdiction.
This Agreement shall be governed by and construed according to the laws of the State of Arizona.
Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage prepaid, e-mail, fax, return receipt requested or by recognized overnight delivery service: If to Company; At its principal place of business or if to Customer, at the aforementioned address.
13) Legal Expenses.
The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.
14) Client Obligations & Agreement.
A. Customer will return, along with signed agreement, a copy of their driver’s license, a recent copy of your utility bill showing the correct address (phone bill, gas bill, electric bill, etc.). Proof of Social Security – (Optional upon credit bureaus request).
B. Customer agrees to obtain initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and Trans Union) and understands that Company will not proceed with the Dispute Process until the initial credit reports are received by the Company. Customer also agrees to keep a credit monitoring subscription for the duration of this contract. Both obtaining an initial credit report and keeping a monthly credit monitoring subscription in good standing and credentials shared with the Company are NON-NEGOTIABLE.
C. Customer 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 the progress and improvements made by Parker Consulting Services, LLC and will forfeit the service agreement.
D. Customer agrees to contact Parker Consulting Services, LLC on any questions regarding their credit INCLUDING inquiries or questions regarding applying for consumer credit.
E. If the Customer was referred to Parker Consulting Services, LLC by a referral partner, the Customer hereby expressly consents to Parker Consulting Services, LLC, sharing data concerning the progress of the credit restoration process with the aforementioned referral partner.
F. Company warrantee shall be understood as the following: Parker Consulting Services, LLC shall warrantee the satisfaction of all its Customer‘s. Any client unhappy with their service can request a cancellation for the credit restoration services that are being processed.
G. If the Customer fails to complete the payment schedule any and all refunds are forfeited.
H. Customer understands that results vary on a case-by-case basis and that Parker Consulting Services , LLC provides a service and has no control over removal of negative items on the credit report. Only Credit Agencies have control over results.
I. Parker Consulting Services, LLC will service the account on a month to month basis. Either party may cancel this at any time with a 30 days’ notice, sent in written format. Notice shall not be considered received unless all parties have received confirmation of receipt.