CREDIT REPAIR SERVICES AGREEMENT between Martini Capital Consulting (hereinafter referred to as COMPANY) and below mentioned client: (hereinafter referred to as CLIENT).
SEC. 405. DISCLOSURES
Consumer Credit File Rights Under State and Federal Law You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ''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 for 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, 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 violates 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 the 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'.(b) Separate Statement Requirement.--The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.(c) Retention of Compliance Records.--(1) In general.--The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. (2) Maintenance for 2 years.--The copy of any consumer's statement shall be maintained in the organization's files for 2 years after the date on which the statement is signed by the consumer.
General Terms and Conditions:
A. This Credit Repair Service Contract between Martini Capital LLC and above mentioned CLIENT. "Client" (refers to both in case of a couple), and is for the purpose of purchasing credit report repair and improvement services (the "Services"). The Services will include preparation of correspondence to credit bureaus to request removal of errors, misrepresentations, or unverifiable information, which the Client states appears on the credit reports which the Client has furnished Martini Capital LLC. This is not a debt consolidation or bill payment program. Federal law requires that any unverifiable, outdated or erroneous information must be removed from consumer credit reports by reporting agencies. Martini Capital LLC agrees to use its best efforts to provide the Services, and will perform them in accordance with federal and state laws.
B. Fees. CLIENT understands and agrees to be responsible for and pay the fees associated with Services for the package CLIENT chose. The service fees are listed below:
Gold Package- $295 one time payment (disputes of ALL INQUIRIES)
Platinum Package- $495 one time payment OR $199 setup fee and $99 per month (disputes of all derogatory items EXCEPT Repo, Bankruptcy, Eviction, and child support)
Diamond Package- $995 one time payment OR $225 setup fee and $125 per month (disputes of ALL derogatory items)
Money Back Guarantee: 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. To qualify for a refund after the 3 day grace period you will need to allow Martini Capital LLC a minimum of 180 days to show results. If you cancel before the minimum 180 days due to any reason you are NOT entitled to a refund.
C. Non Payment. CLIENT will agree not to close the bank account, debit card, or credit card, that Martini Capital LLC is authorized to withdraw payments from. Should the CLIENT be required to change the authorized bank account, debit card, or credit card, you must notify Martini Capital LLC immediately and complete a new Electronic Payment authorization, as any interruption in the payment of our fees will require Martini Capital LLC to discontinue your service agreement. The resulting actions undertaken by the credit card companies, collection agencies, and/or law firms against the Client will not be the responsibility of Martini Capital LLC.
D. Credit Application. The Client shall not apply for any type of credit until they have completed the process and failure to comply shall void any and all guarantees. If the Client fails to comply with our expressed request and applies for any credit and is denied, we cannot be held responsible for additional negative remarks and the direct influence this might have on your credit score.
E. Client Responsibility. The Client agrees to send, via mail, all credit reports and/or correspondence received from credit bureaus, creditors, and/or collection agencies to Martini Capital LLC within five (5) days after the date received to guarantee the success of this program. If the Client has not received any credit reports or correspondence from the credit bureaus within 60 days after the date of the initial Credit Report Analysis/Audit, the Client must notify Martini Capital LLC so appropriate measures can be taken. Non compliance can result in termination of account with us and any guarantees will be voided if applicable.
F. Credit monitoring. Client agrees to be enrolled in a credit monitoring service for the duration of their program for the purpose of being able to fully track all results achieved throughout the program. If credit monitoring service is interrupted, Martini Capital LLC may choose to stop services until the credit monitoring is fully active again. Client agrees to provide Martini Capital LLC with the login information to the credit monitoring service and gives Martini Capital LLC permission to access the monitoring service at any time during Client's program.
G. By executing this Contract to obtain Martini Capital LLC Services, Client grants Martini Capital LLC during the term of this Contract, a limited power of attorney, by and through its authorized representatives, to: 1) use the Customer Information that the Client provides in order to obtain from credit bureaus, creditors, collection agencies and other holders of records of Client's credit reports, Client's credit history or other creditor information for the Services; 2) sign correspondence to the record holders; 3) use Client's name to sign correspondence addressed to creditors; 4) obtain credit information over the telephone, fax, and or through the Internet from record holders; 5) to discuss information with any record holders to help resolve a debt if mediation of a debt is necessary. Martini Capital LLC acknowledges that its Authorized Representatives have been alerted to the sensitivity of the Customer Information. As such, Martini Capital LLC will use its best efforts to ensure that Customer Information will be handled in a responsible and professional manner. The Customer shall have the right to revoke or terminate the limited power of attorney provided under this Contract at any time upon written notice to Martini Capital LLC. Otherwise, the limited power of attorney shall terminate upon termination of this Contract. All questions or issues, if any, pertaining to validity, interpretation and administration of this Contract shall be determined in accordance with the laws of Florida. Client agrees that Client's limited power of attorney is valid throughout the United States for all Customer Information to be obtained by Martini Capital LLC pursuant to this Contract by the binding and enforceable signatures set forth below. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
H. Cancellation. This agreement may be canceled by either party without any penalty or further obligation at any time, and any fees owed or refunds owed shall hold true according to fees and money back guarantee listed in this agreement.
I. Client Obligations & Agreement.
Client will return, along with signed agreement, a copy of their driver's license, social security card, and a recent Utility bill showing the correct address (phone bill, gas bill, electric bill, etc..)
Client agrees to assist Martini Capital LLC in obtaining initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and Trans Union) and understands that Martini Capital LLC cannot proceed with credit bureaus until credit reports are received, however Client shall receive a full term of service from the date the initial credit reports are received.
Client agrees to be enrolled in a credit monitoring service for the duration of their program for the purpose of being able to fully track all results achieved throughout the program. If credit monitoring service is interrupted, Company may choose to stop services until the credit monitoring is fully active again. Client agrees to provide Company with the login information to the credit monitoring service and gives Martini Capital LLC permission to access the monitoring service at any time during Client's program.
If Client was referred to Martini Capital LLC by a referral partner Client hereby expressly consents to Martini Capital LLC, sharing data concerning the progress of the credit restoration process with the referral partner.
Client agrees to payment terms and conditions of this agreement. If any form of payment you supply is uncollectible for any reason, Martini Capital LLC may charge you a dishonored payment fee of $30.00 and shall void any and all guarantees.
Client also agrees to forward all mail received regarding their credit file to Martini Capital LLC within 5 days of receiving items from any of the three credit bureaus, Equifax (CSC Credit services for TX residents), Experian, and Trans Union.
If the Client fails to complete the payment schedule any and all refunds are forfeited and shall void any and all guarantee.
Furthermore, Client agrees to Money Back Guarantee/Cancellation policy
Contract is month to month from the start date of the agreement based upon initial credit reports being received. Either party may cancel this at any time with 30 days notice, sent in written format. Notice shall not be considered received unless confirmation of receipt has been received by all parties.
You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right.
J. I, the Client, understand that with proper information I could undertake the same or similar techniques to repair my own credit and as choosing to hire this Services Provider to undertake the services outlined in this agreement without duress or provocation. Client agrees to hold Martini Capital LLC and it employees, officers, directors, agents and representatives harmless from any claim, suit action or demand made by any of my creditors or any other person which may arise from the action(s) taken by my creditors in connection with any services rendered by Martini Capital LLC on my behalf. In the event Martini Capital LLC engages in collection efforts, client will be required to reimburse Martini Capital LLC for out-of-pocket expenses as the result of such efforts.IT IS AGREED THAT BY SIGNING BELOW AT THE BOTTOM OF THIS AGREEMENT, YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT, THAT YOU KNOW AND UNDERSTAND THE MEANING AND INTENT OF THIS AGREEMENT, THAT YOU ARE ENTERING THIS AGREEMENT KNOWINGLY AND VOLUNTARILY, AND THEREFORE AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE.
By signing below at the bottom of this agreement, I authorize Martini Capital LLC to charge the appropriate billing plan above to the credit/debit card info I have provided.
Arbitration Agreement
1. Agreement to Arbitrate
hereby agrees that any and all disputes, claims, controversies, or issues arising out of or in connection with the services provided by Martini Capital LLC, including but not limited to credit repair services, shall be resolved through binding arbitration in accordance with the terms of this Agreement.
2. Arbitration Process
a.
Selection of Arbitrator: The Parties shall jointly select a single arbitrator from a list of qualified and impartial arbitrators provided by an arbitration organization mutually agreed upon. If the Parties fail to agree on an arbitrator, the arbitration organization shall appoint an arbitrator.
b.
Arbitration Location: The arbitration shall take place at a location agreed upon by the Parties or as determined by the selected arbitration organization.
c.
Arbitration Rules: The arbitration shall be conducted in accordance with the rules and procedures of the selected arbitration organization, as well as the provisions of this Agreement.
d.
Arbitration Award: The arbitrator's decision shall be final and binding on both Parties and may be entered as a judgment in any court of competent jurisdiction.
3. Waiver of Class Action and Jury Trial
The Parties expressly waive their rights to bring or participate in any class or collective action, as well as any right to a trial by jury, with respect to any dispute or claim subject to arbitration under this Agreement.
4. Confidentiality
All arbitration proceedings, documents, and information related to the arbitration shall be treated as confidential and shall not be disclosed to any third party, except as required by law.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of law principles.
6. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
7. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations.
8. Amendments
This Agreement may only be amended in writing and signed by both Parties.
ONLINE REPUTATION AND PUBLIC COMMUNICATIONS
As a client of Martini Capital LLC, you agree to refrain from engaging in any activities that may harm the reputation of Martini Capital LLC, its employees, associates, or affiliates. This includes, but is not limited to, posting negative or defamatory content on online review platforms, social media, blogs, forums, or any other public or private communication channels.
You acknowledge and agree that any disputes or concerns you may have regarding our services will be addressed through the appropriate channels provided by Martini Capital LLC. Engaging in public slander, defamation, or negative online reviews without first seeking resolution through these channels will be considered a breach of this agreement.
In the event of a breach of this clause, Martini Capital LLC reserves the right to take legal action to protect its reputation and seek damages for any harm caused by the client's actions.
DISCLOSURE STATEMENT
Martini Capital LLC shall, upon initiation of agreement, provide prompt assistance to client in obtaining credit records for the client from all three credit reporting agencies Equifax (CSC for Texas Residents), Experian, and Trans Union.
Martini Capital LLC shall also, within the course of 3 to 7 business days of receipt of agreement, set up clients with their online private client site which will allow them to check progress throughout their maintenance agreement. A username will be provided to the client to access their online private client site, and the client will be responsible for setting their own password and security questions.
Also within 10 business days of enrollment into Martini Capital LLC credit restoration service the client shall be contacted by Martini Capital LLC in order to go over processes during the term of service with Martini Capital LLC credit restoration service.
Martini Capital LLC shall assist client in determining the action to take with each account in regards to that client's file. Martini Capital LLC is available to review each account on the client's personal credit file by calling the customer service numbers provided upon enrollment.
Martini Capital LLC shall prepare challenges for items appearing on the customer's credit reports which the customer indicates are inaccurate, incomplete, obsolete, or unverified as per the Fair Credit Reporting Act.
Martini Capital LLC will submit transmittals of challenges, within 3 to 7 business days but not to exceed 10 business days, of receipt of credit information and executed disclosure and agreement from customer.
Each consecutive month of service Martini Capital LLC shall prepare all follow-up challenges, as per the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Transactions Act and Fair Credit Billing Act and transmittal of the same.
Follow-up services will be fully performed by Martini Capital LLC every 35 days not to exceed every 40 days.
Every month the client shall forward copies of all materials received by the 3 credit bureaus, Equifax (CSC Credit Services for TX residents), Experian, & TransUnion, by mailing or faxing copies to Martini Capital LLC within 5 days of receipt. It is important to forward the materials received by the credit bureaus so the client's private client site can be updated expeditiously.
All items resolved will also be posted to the client's private client site, which is accessed online by the username and password provided to client upon initiation.
Martini Capital LLC shall also provide a client services for assistance in answering questions regarding client's accounts from Monday through Friday 9:00AM to 5:00PM EST.
Martini Capital LLC agrees only to challenge items under the above acts and as legally available.
By signing below at the bottom of this agreement, it is agreed that this Disclosure Statement has been received and agreed to by both parties.
NOTICE OF CANCELLATION (copy 1)
You may cancel this contract, without any penalty or obligation, within 3 days from the date the contract is signed.
If you cancel any payment made by you under this contract, Martini Capital LLC will return it within 10 days following receipt 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:
Martini Capital LLC
I hereby cancel this transaction on: ____________(date).
____________________________
Purchaser's Signature
NOTICE OF CANCELLATION (copy 2)
You may cancel this contract, without any penalty or obligation, within 3 days from the date the contract is signed.
If you cancel any payment made by you under this contract, Martini Capital LLC will return it within 10 days following receipt 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:
COMPANY
I hereby cancel this transaction on: ____________(date).
____________________________
Purchaser's Signature
I, CLIENT, hereby acknowledge with my digital signature, receipt of the Notice of Right to Cancel. I confirm the fact that I agree and understand what I am signing, and acknowledge that I have received a copy of my Consumer Credit File Rights.
*Digital Signatures: In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effects as traditional paper documents and handwritten signatures. Read more at the FTC website: http://www.ftc.gov/os/2001/06/esign7.htm