Terms and Conditions

AMERICAN CREDIT BUREAU, INC.

AGREEMENT FOR SERVICES

For Phase I Membership

ACB.PI.T.C.08.28.23

1. American Credit Bureau, Inc., a Florida Corporation, doing business at 1200 North Federal Highway, Suite 200, Boca Raton, FL 33432 (“ACB”), and MEMBER, as indicated on the online or paper Membership application, hereby enter into this Agreement for Services / For Phase I Membership (“Agreement”) on the date of MEMBER’s electronic or physical signature and authorization (“Effective Date”). In the event MEMBER’s application for Phase I Membership is not accepted by ACB, then ACB shall refund any and all fees paid by MEMBER to ACB as a result of MEMBER’s application under this Agreement.
2. MEMBER consents and agrees to ACB’s published fee schedule which is included in the online or paper Membership application completed, agreed to, and signed by MEMBER. Said fee schedule is hereby incorporated herein by this reference.
3. MEMBER agrees to pay ACB a monthly Membership fee, as agreed to by MEMBER in the online or paper Membership application, and as set forth in ACB’s fee schedule, on the twenty-ninth (29th) day of each calendar month during the term of this Agreement (except for the month of February, which shall be paid on the twenty-seventh (27th) day of the month of February). Such payment shall be an advance payment for the next month’s monthly charges. Any additional charges or charges for overages in service, as defined in ACB’s fee schedule, shall be due on or before the fifth (5th) day of the month following the month in which the additional charge was incurred. All charges shall be paid through an automatic charge to the MEMBER’s credit card or an automatic debit to the MEMBER’s checking account or check card.
4. MEMBER may cancel his or her Membership for any reason within the first sixty (60) days (“Trial Period”) by sending written notice via certified mail on your company’s letterhead prior to the expiration of the Trial Period. ACB then will refund MEMBER 100 percent (100%) of all monthly Membership charges paid.
5. After the Trial Period, MEMBER may only cancel this Agreement by sending written notice, via certified mail on your company’s letterhead, within forty-five (45) days prior to the MEMBER’s anniversary date. The MEMBER’s anniversary date shall be the date that is one (1) year after the original date of execution of this Agreement. This Agreement shall automatically renew each year if no cancellation letter is received from MEMBER. If MEMBER cancels this Agreement before its anniversary date, MEMBER shall be responsible to pay for any outstanding usage fees and all unpaid future monthly Membership fees that would be due until the next anniversary date. Upon cancellation of this Agreement, items reported to the credit bureau(s) shall immediately be deleted from credit bureau(s), closed, and returned to the MEMBER. ACB may cancel this Agreement at any time for any reason, with or without cause, by providing written notice, in any form, to MEMBER.
6. MEMBER acknowledges that if a letter from ACB to a debtor is returned as undeliverable, ACB will automatically conduct an address search at the rate agreed to by MEMBER and a replacement letter shall be re-mailed at a rate of $2.00 per letter (re-mailing only occurs if a new address is found).
7. MEMBER warrants that all debts submitted to ACB for collection services are legally owed by the debtor to MEMBER and that the amount owed by the debtor is accurate.
8. MEMBER shall immediately advise ACB of any and all transactions or adjustments that reduce a MEMBER debtor’s balance. This includes but is not limited to debtor payments, balance adjustments, credits, or write-offs. MEMBER shall also immediately advise ACB of any attorney correspondence or legal notifications received by MEMBER regarding the debtor, including but not limited to any attorney correspondence, demand letter, notice of any legal proceeding, lawsuit filed, or debtor petition for bankruptcy.
9. MEMBER shall provide ACB within fourteen (14) days all required and necessary documentation to verify and validate a disputed debt or claim. If MEMBER cannot verify and validate the debt within fourteen (14) days, all entries shall be deleted from the debtor’s credit files and all collections on that debt shall be terminated.
10. MEMBER agrees to indemnify, defend, and hold ACB harmless from and against all claims, suits, demands, charges, losses, damages, costs, injuries, fines, and penalties, including, but not limited to, incidental, consequential, special, or punitive damages or losses and any attorneys’ fees and costs which ACB may suffer, sustain, incur or become subject to, arising out of, based upon, in the defense of, or in connection with any and all matters undertaken by ACB on behalf of MEMBER or in any manner connected with any attempt by ACB to collect debts on behalf of MEMBER.
11. MEMBER agrees that any and all reports, work product, and any information received by MEMBER from ACB shall be for MEMBER’s business use only and are strictly confidential and the property of ACB. MEMBER agrees that no information, work product, or reports provided by ACB shall be transferable or communicated to any party unrelated to MEMBER without ACB’s express written consent.
12. In the event a claim, demand, lawsuit, or dispute is brought against ACB, related to any ACB work, services, activities, or matters undertaken on behalf of MEMBER, ACB has the right to immediately terminate this Agreement, or terminate its collection efforts on any particular debtor account without the prior approval of MEMBER.
13. MEMBER agrees that any claim, lawsuit, or legal proceeding arising out of or due to this Agreement, or due to any matter undertaken by ACB on behalf of MEMBER as a result of this Agreement, shall be subject to the courts, jurisdiction, and venue of Palm Beach County, Florida.
14. In the event MEMBER breaches this Agreement, or as a result of any litigation or settlement costs incurred by ACB as a result of defending or enforcing this Agreement, or any debts owed by MEMBER to ACB, ACB shall be entitled to collect from MEMBER any and all costs incurred by ACB required and necessary to enforce this Agreement, including, but not limited to, collection costs, attorneys’ fees, and costs of all settlement, trial, and appellate proceedings.
15. MEMBER agrees to pay ACB any monies owed upon receipt of ACB’s invoice and/or statement. Unpaid accounts shall be in default after thirty (30) days, after which time an interest rate of 1.5% per month on the unpaid balance, or the highest interest percentage allowed under Florida law, shall be charged to MEMBER.
16. ACB reserves the right to modify, revise, or amend (“amendment(s)”) this Agreement at any time. In the event there is an amendment to the terms and conditions of this Agreement, MEMBER shall be notified in writing of said amendment(s) and shall be afforded an opportunity to opt out or reject any amendment to the Agreement. In the event ACB does not receive written notice from MEMBER sent by U.S. certified mail rejecting any amendment within fourteen (14) days of such amendment, all new amendments to the Agreement shall be effective on the date of amendment.
17. MEMBER agrees that ACB may, from time to time and in ACB’s sole discretion, contract with and enter into on behalf of MEMBER, additional service agreements with certain related companies under common control as set forth below, which ACB may deem to be necessary to carry out the objectives and terms of this Agreement. MEMBER hereby agrees and fully consents to any and all terms, conditions, fees, charges, and provisions of such service agreements for AMERICAN CREDIT BUREAU, INC. (Phase II Collections – Contingency Collections); RAPIDPAY SOLUTIONS, LLC, and ON DEMAND MESSAGES, LLC. MEMBER hereby acknowledges that MEMBER has reviewed the aforesaid service agreements at Terms and Conditions Phase II, RapidPay Solutions Terms and Conditions, and On Demand Messages Terms and Conditions, which are incorporated herein by this reference. Further, if ACB’s Phase I series of Credit Bureau Collection letters and credit report blemishes do not produce collection of the debtor’s account balance in its entirety, then after fifteen (15) days, MEMBER authorizes ACB to initiate and turn over such delinquent account to ACB’s Phase II Collection – Contingency Collections program and services and to collect the debt under the terms, conditions, and contingency percentages of the Phase II Collections – Contingency Collections Agreement for Services.
18. If any one section or provision in this Agreement shall be determined to be legally unenforceable or void by law, only those parts so determined shall be void and unenforceable, and the entire agreement shall not be void, but all other sections, parts, and provisions of this Agreement shall remain valid and enforceable against both parties, and the Agreement shall be read without any provision determined to be legally unenforceable.
19. MEMBER agrees that it has read, understands, and agrees to this entire Agreement, including those agreements and schedules incorporated into this Agreement by reference thereto.
20. If MEMBER is not an individual, MEMBER and MEMBER’s shareholder(s), partner(s), MEMBER(s), or owner(s), agree that MEMBER and MEMBER’s shareholder(s), partner(s), MEMBER(s), or owner(s) shall be jointly and severally liable, and MEMBER’s shareholder(s), partner(s), MEMBER(s), or owner(s) shall be personally and individually liable, for the full payment of all monthly Membership fees, additional fees, and charges due under this Agreement, and for all terms and conditions set forth hereunder.