HOSTING AND MONITORING AGREEMENT
THIS AGREEMENT (Agreement) made and entered into this 1st day
day of December
, by and between
(hereinafter CUSTOMER(S)) and CREDITDNA, INC. (hereinafter CREDITDNA, INC.). This agreement will expire after services are discontinued.
CREDITDNA, INC. will assist CUSTOMER(S) by attempting to get their credit record or history validated and updated by using all applicable laws in order to help facilitate their credit management needs.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
Section 1. CREDITDNA, INC.'s Responsibilities.
1.1 Services: CREDITDNA, INC. shall request, on behalf of CUSTOMER(S), any and all credit reports of CUSTOMER(S) on record with Equifax, Experian and TransUnion (hereinafter "Credit Bureaus") and upon obtaining such reports, build a private website to host the credit information for the CUSTOMER(S). 1) CREDITDNA, INC. will provide CUSTOMER(S) with a credit analysis to help CUSTOMER(S) to better understand their credit data. 2) CREDITDNA, INC. will provide CUSTOMER(S) a budget and financial plan hosted inside their private secured Member Section. 3) Hosted inside the CUSTOMER(S) private Member Section are Credit and Financial Education material, a Target Score and Money Simulator, as well as Credit Tools designed for the CUSTOMER(S) to assist them in managing their credit and finances. 4) CREDITDNA, INC. will give CUSTOMER(S) 24/7 access to their Member Section and notification alerts
1.2 Acknowledgement: CUSTOMER(S) is (are) aware that they have the right according to the FCRA (Fair Credit Reporting Act) to have a complete and accurate credit report. CREDITDNA, INC. will highlight where most errors occur on the hosted credit file.
1.3 Accurate Information: CREDITDNA, INC. recommends CUSTOMER(S) to use the customer comment section to provide detailed information on each credit account (tradeline).
1.4 Lawful Information: CREDITDNA, INC. recommends CUSTOMER(S) to stay away from using any credit repair companies.
1.5 Timing: Any and all legally recognized delays notwithstanding, CREDITDNA, INC.. will process its initial assessment within three (3) business days of the date of execution of this Agreement by CUSTOMER(S), and is generally able to complete the update and validation process.
1.6 No Guarantee: CREDITDNA, INC. does not guarantee that the credit data from the credit reporting agencies will be completely correct during the update and hosting process nor does CREDITDNA, INC. guarantee financing will be provided.
Section 2. Responsibilities and Acknowledgements of CUSTOMER(S).
2.1 CUSTOMER(S) hereby acknowledge(s) that:
a. CUSTOMER(S) has (have) received, read and understand the copy of the Consumer Credit File Rights.;
b. CUSTOMER(S) give permission to obtain credit reports on their behalf to start the credit hosting and validation process.
c. Any and all results obtained by CREDITDNA, INC., in its effort to host an accurate credit record or history of CUSTOMER(S) shall be contingent upon a number of factors, including but not limited to, (1) amounts owing to creditors of CUSTOMER(S); and (2) the Credit Bureaus' ability to verify information provided during the validation process;
d. CREDITDNA, INC. will do a credit review, credit analysis, and provide CUSTOMER(S) with a recommened plan of action. CUSTOMER(S) account will be charged as services will be rendered at that time.
e. CUSTOMER(S) give lenders, mortgage brokers, manufactured home dealers, auto dealers, and anyone else who has obtained their credit file permission to share reports with CREDITDNA, INC.
f. CUSTOMER(S) give CREDITDNA, INC. and SCORENAVIGATOR, INC permission to pull CUSTOMER(S) reports to host information in private Members Section.
g. CREDITDNA, INC.. will not collect any money from CUSTOMER(S) to pay any outstanding debt.
h. CUSTOMER(S) give CREDITDNA, INC.. permission to furnish their name, social security number, date of birth, current and previous addresses, e-mail address and phone numbers for the purpose of enrolling in CreditDNA's Credit Monitoring Service.
2.2 CUSTOMER(S) hereby accept(s) responsibility for and agree(s):
a. To forward to CREDITDNA, INC.. or its designated agent(s), any and all correspondence received from the Credit Bureaus or creditors relating to the hosting and validation process described herein;
Section 3. Funds Due.
b. Log into Members Section to the credit file and add comments on each account hosted.
c. Complete the Budget Sheet so that CREDITDNA, INC.. can do a finanical analysis.
d. Not to apply for any type of credit unless recommended to establish any new account(s).
3.1 Payment: The amount promised under this Agreement will be repaid in accordance to the Payment Schedule. (See last page of Agreement.) Payments shall begin with enrollment, and shall continue until all scheduled payments are completed.
3.2 CREDITDNA, INC. will host your secure Members Section, do a credit review & analysis and provide you with a recommended plan of action. Once these services have been rendered, your account will be deducted for our Credit Management Program.CUSTOMER(S) is responsible for any additional costs to obtain their credit reports from the reporting agencies.
3.3 CREDITDNA, INC. does not charge an additional fee for credit report updates for the term of this agreement.
3.4 CREDITDNA, INC. will start the verification process concerning the inaccurate or obsolete information found on your credit report at no additional charge.
3.5 The CUSTOMER(S) can withdraw from the Hosting and Monitoring Agreement at any time. CREDITDNA, INC. does not offer a refund of any monies paid from original hosting charge. If you are on a monthly payment plan, you are still required to make payments on time as scheduled below.
Section 4. Cancellation:
You may cancel this contract, without any penalty or obligation, within 3 days of the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 15 days following receipt by the seller 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 CREDITDNA, INC., 199 E. Clinton St, Gray, GA 31032 no later than midnight of the 3rd day.
Section 5. General Provisions:
In the event of any conflict between any provisions in the preceding Sections of this Agreement and the following provisions, the following shall control:
5.1 Notices: All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given, if delivered personally or mailed, first class postage prepaid, to the parties at their respective last known addresses.
5.2 Consent: CUSTOMER(S) hereby grants CREDITDNA, INC. consent to call you on your cellular/mobile telephone with regard to this agreement. You further agree and consent to us using auto-dialers and pre-recorded messages in connection with any telephone calls we make to you, including, but not limited to, landlines and cellular/mobile telephones. You understand and agree if we call your cellular/mobile telephone, depending on the type of plan or program you have with your telecommunication provider, you may incur a cost or charge from such telephone call. You understand and agree that we may obtain telephone numbers for you including, but not limited to, landlines and cellular/mobile directly from you or another source.
5.3 Entire Agreement: This Agreement supersedes any and all prior agreements, either oral or in writing, and sets forth the entire understanding between the parties hereto with respect to the subject matter hereof Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement concerning the same subject matter shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and executed by the parties.
5.4 Arbitration: Any dispute, controversy or claim of any kind or nature which has arisen or may arise between the parties (including any dispute, controversy or claim relating to the validity of this arbitration clause), whether arising out of past, present or future dealings between the parties, shall be governed by the Federal Arbitration Act and shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator (may be entered in any court having jurisdiction thereof Such arbitration proceedings shall be held at the principal place of business of CREDITDNA, INC. or at such other location as shall be designated by CREDITDNA, INC., and shall be heard by an arbitrator who is either a practicing attorney who has conducted more than three (3) such proceedings during the preceding five (5) years or a retired judge. Without limiting the generality of the foregoing, it is the intention of the parties to resolve by binding arbitration as provided herein, all past, present and future disputes, whether in tort, contract, or otherwise, concerning or related to results of credit update disputes to credit bureaus; any adverse actions taken by creditors or collection agencies; any fault of CUSTOMER(S) by not following through with this Agreement; the validity of this Agreement; and any other dealings, business or otherwise, between the parties.
5.5 Time is of the Essence: Time is of the essence under this Agreement.
5.6 Titles and Headings: All articles, sections, paragraphs, or captions contained in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement.
5.7 Pronouns, Singulars and Plurals: All pronouns, singulars, plurals and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require.
5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall constitute together the same Agreement.
5.9 Severability: The provisions of this Agreement shall be deemed severable and, if any provision in the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and be binding on the parties.
5.10 Waiver: Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either party as regards any subsequent actions. All rights and remedies provided for herein are cumulative.
5.11 Effective Date; Binding Effect: It is expressly understood and agreed that this Agreement shall be and become effective as of the first above-written date, for all intents and purposes now or hereinafter arising, and shall thereafter inure to the benefit of and bind the parties hereto and their respective heirs, executors, administrators, agents, representatives, assigns, successors and
5.12 Indemnity: Client agrees to indemnify, defend and hold harmless either party, CREDITDNA, INC. from and against all claims, demands, threats, suits, proceedings, losses, costs, expenses, or damages (including reasonable attorney's fees) actually and reasonably incurred by the party seeking indemnification that result from or in connection with any threatened to be, made a party arising from or related to services that are the subject of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above-written.
CONSUMER CREDIT FILE RIGHTS
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, D.C. 20552.
You must be told if information in your file has been used against you.
Anyone who uses a Credit Report or another type of Consumer Report to deny your application for credit, insurance, or employment - or to take another adverse action against you - must tell you, and must give you the name, address, and phone number of the agency that provided the information.
You have the right to know what is in your file.
You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
- a person has taken adverse action against you because of information in your credit report;
You have the right to ask for a credit score.
- you are the victim of identity theft and place a fraud alert in your file;
- your file contains inaccurate information as a result of fraud;
- you are on public assistance;
- you are unemployed but expect to apply for employment within 60 days. In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information.
If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information.
Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
Consumer reporting agencies may not report outdated negative information.
In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
Access to your file is limited.
A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
You must give your consent for reports to be provided to employers.
A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry.
You may limit "prescreened" offers of credit and insurance you get based on information in your credit report.
Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-567-8688.
You may seek damages from violators.
If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General.
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
being desirous of allowing CreditDNA, Inc., its agents and employees to host my online credit file and perform all needed tasks in regards to said credit file, hereby do appoint as my true lawful attorneys-in-fact (Agents), for me, and in my name, place and stead for the following limited purposes;
A. To communicate and negotiate with and receive correspondence from any or all credit reporting agencies and bureaus, including Equifax, Experian or TransUnion, as well as any and all of my creditors or other persons or entities who have extended lines of credit to me or to whom I may now be or formerly have been indebted; and
B. To do any other thing or perform any other act, not limited to the foregoing, which I might do in person to allow for the free flow of information between my above-named Agents and any and all of those persons or entities listed in Paragraph A.
This Power of Attorney shall remain effective for the period of time the customer is actively enrolled.
I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my Agent. I am also aware that this document allows Third Parties access to otherwise private financial information which would otherwise be protected under State and Federal privacy laws.
Signed and executed this 1st day
NOTICE OF CANCELLATION
CREDIT MANAGEMENT AGREEMENT
In accordance with law, you may cancel this contract, without any penalty or obligation, within days from the above date.
If you cancel, any payment made by you under this contract will be returned within days following receipt by the seller of your Cancellation Notice.
To cancel this contract, mail or deliver a signed dated copy of this Cancellation Notice, or any other written notice no later than midnight of the day to:
199 E. Clinton St
Gray, GA 31032
I hereby cancel this transaction.
CreditDNA, Inc. Payment ScheduleDRAFT DATE DRAFT AMOUNT
I have authorized CreditDNA, Inc. to charge my account according to the terms I have stated in the above schedule of this Payment Agreement. CreditDNA, Inc. has my permission to use any alternate payment method on file should my primary payment method decline. If for any reason funds are not available and I have not made other payment arrangements, I acknowledge that my account will be terminated immediately.
NOTICE: Please use this document to reflect the above charges in your account register. The above charges will be deducted as scheduled without any further reminders of these charges from CreditDNA, Inc.