AGREEMENT, TERMS & CONDITIONS
OUTSOURCING: The firm may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information.
Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, the firm will remain responsible for the work provided by any such third-party service providers.
GOVERNING LAW: This Agreement shall be Governed, Construed and Enforced in accordance with the Laws of the State of Georgia without regard to its conflict of laws, rules or the conflict of laws of the state in which the suit is initiated pertaining to this Agreement.
VENUE & JURISDICTION: The Parties hereto agree that all actions or proceedings arising in connection with or related to this Agreement shall be tried and litigated only in the State and Federal Courts of Georgia. The Parties further agree that the aforementioned choice of venue is to be considered mandatory and not permissive in nature, thereby precluding the possibility of litigation in any jurisdiction other than that specified in this section or chosen by the Company. Client hereby waives any right he or she may have to assert the doctrine of forum Non Coveniens or to object to venue to the extent any proceeding brought in accordance with this section and stipulate that such State and Federal Courts in which Company shall initiate legal or equitable proceedings shall have in personam jurisdiction and venue over such party for the purpose of litigating any such dispute, controversy, or proceeding arising out of or related to this Agreement. To the extent permitted by law, service of process for personal jurisdiction in any action against Client may be made by registered or certified mail (return receipt requested), to Client’s address indicated on the first page of this Agreement. Client agrees that any final judgment rendered against him or her in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
WAIVER OF JURY TRIAL / LIMITATION ON ACTION: Every Party hereby Knowingly, Voluntarily and Intentionally, Waives (to the extent permitted by applicable law) any right the Party may have to a trial by jury of any dispute arising under or relating to this Agreement and agrees that any such dispute shall be tried before a judge sitting without a jury. Client shall commence any action or counterclaim based in contract, tort or otherwise arising from or in any way relating to this Agreement within that period. Client Knowingly, Willingly and Voluntarily Waives (to the extent permitted by applicable law) any right to pursue a claim against Company as part of a Class Action, Private Attorney General Action or other Representative Action.
CLASS ACTION WAIVER: The Parties Waive any right to assert any claims against the other Party as a Representative or Member in any Class Action Suit (except where such waiver is prohibited by law or court of law to proceed with a Class or Representative Action against the other) The Parties agree that: (1) The prevailing Party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the Class or Representative Action (Notwithstanding any other provision in this Agreement) AND (2) The Party or Party who initiates or participates as a Member of the Class will not submit a claim or otherwise participate in any recovery secured through the Class or Representative Action.
NO PARTNERSHIP: Nothing herein shall be construed to be or to create any partnership, joint venture or other joint enterprise between Company and Client.
By my signature I (Client Signed Herein), confirm that I give full authority to Spectrum360 upon executing this Agreement obligating all companies, firms, corporations, partnerships, organizations, individuals, and/or entities referenced herein. I understand that Spectrum360 may provide information, advice and/or guidance on lender requirements for approval, however Spectrum360 can not guarantee approvals. I certify the information provided to Spectrum360 by Client, which Spectrum360 will in turn provide to lenders, is truthful and accurate. Spectrum360, its principals, employees and/or representatives of any kind are held harmless from any and all liability or responsibility that may rise as a result of credit applications submitted by Client or submitted on Client’s behalf including, but not limited to incorrect numbers, dates and descriptions inadvertently submitted.
Client Signature: Client Signed Herein
Date: Date Signed Herein
LIMITED POWER OF ATTORNEY
I, Client Signed Herein, do hereby appoint Spectrum360 , its principals, employees and/or representatives my true and lawful Attorney-in-Fact in my Name, Place and Stead for the stated use and benefit to endorse my Name, Submit, Execute, Acknowledge and/or deliver credit applications and other documentation to potential lenders on my behalf. I further grant unto Spectrum360 said Attorney-in-Fact, Full Power and Authority to do and perform every act as Spectrum360 , its principals, employees and/or representatives shall deem necessary and proper to be done in the exercise of any of the foregoing powers as fully as Spectrum360 might or could do if Client was personally present with Full Power of Substitution and Revocation.
Client Signature: Client Signed Herein
Date: Date Signed Herein
Fee Agreement
COMMISSIONS: Some of the recommended products or services are linked to our affiliates, partners and/or sister companies , which means that if you choose to make a purchase/use Spectrum360 services (i.e. sign up with a technology app or outsource), we, the COMPANY will earn a commission. This commission comes at no additional cost to you and oftentimes a lower rate has been negotiated for you through our company. Please understand that we have experience with all of these companies, and we recommend them because they are helpful and useful, not because of the small commissions we make if you decide to buy something. Please do not spend any money on these products unless you feel you need them or that they will help you achieve your goals.
REFUND AND DISPUTE POLICY: Due to the nature of the products and services that we offer, including, but not limited to, the time that we will invest in your specific client file, we do not offer refunds for any of our products or services and you waive the right to dispute any charges made from working within this engagement after the date signed below.
TERMINATION: We reserve the right to withdraw from this engagement without rendering services for any reason, if you fail to comply with the terms of this engagement letter, if you disagree with our recommendations regarding financial reporting presentation, or if we determine professional standards required our withdrawal for any other reason. At the completion of our engagement, the original source documents will be returned to you. Workpapers and other documents created by us are our property. Such original workpapers will remain in our control, and copies are not to be distributed without our prior written consent. If any portion of this agreement is deemed invalid or unenforceable, said finding shall not operate to invalidate the remainder of the terms set forth in this engagement letter.
INVOICE PROCEDURES: Our professional fee for the services outlined above will be based upon the complexity of the work to be performed and our professional expertise and time to complete the work. Additionally, this fee is dependent on the availability, quality, and completeness of your records. You agree that you will deliver all records requested by our staff to complete this engagement on a timely basis. In the event your records are not submitted in a timely manner or they are incomplete or unusable, we reserve the right to charge additional fees and expenses for the services required to correct the problem. If this occurs, we will contact you to discuss the matters and the anticipated delay in completing our engagement prior to rendering further services.
By engaging in this agreement I am authorizing Spectrum360 to initiate an ACH/electronic debit in the amount invoiced from the bank account I designate on my Credit Card and ACH Authorization Form. I understand that this Authorization will remain in full force and effect until the transaction is canceled by me by contacting Spectrum360 , or the ACH/electronic debit is processed from the designated account. I certify that (1) I am authorized to credit/debit the bank account and (2) that the ACH/electronic payment I am authorizing complies with all applicable laws.
By signing this engagement letter I agree to pay the invoiced amount within 24 business hours and/or provide information to help us process your payment and detect fraud. We will debit your account for our professional fees, expenses and out-of-pocket costs as of the date we deliver our work product to you. Upon funding, you will be invoiced or debited for the agreed upon amount of total funding amount due upon receipt. Invoices will accrue 5% daily interest on all unpaid balances.
EXPENSES: Company shall reimburse the firm for reasonable expenses incurred in connection with performance of services under this Agreement, provided that the expenses are approved in advance by an Officer of Company and the firm promptly provides documentation satisfactory to Company to support the firm’s request for reimbursement.
FEE SCHEDULE: Fees may be reviewed periodically if the scope or volume of work changes. Services Fees are due within 24 hours of Funding Receipt by client.
This is a legally binding contract. If you are not clear on the terms of this agreement, please consult an attorney.
Client Signature: Client Signed Herein
Date: Date Signed Herein
Terms
Client understands that Spectrum360 will contact banks and lenders to verify client’s approval status on client’s behalf.
Client understands that a bank or lender may call you to verify your identity and/or personal information.
Client understands that if a lender calls and asks if you’ve applied for credit you should say yes.
Client understands that using funds for unauthorized use may result in your inability to qualify for Loan Forgiveness or the bank or lender may put your account on hold.
Client understands that in some cases, the lender may need additional identity verification, and Spectrum360 has your permission to contact you and request that information.
Client understands interest rates on approved Credit Cards, Loans and Revolving Lines of Credit will depend on his/her credit status at the time of application. Client also understands that interest rates are decided by the lender, not by Spectrum360. You accept these rates.
If pre-approved offers are obtained on client's behalf by Company and Client declines acceptance of at least one(1) offer, Client understands a minimum fee of $500 will deducted from the account on file for services rendered.
Client understands that we require Fees be paid by any of the following methods at Spectrum360 discretion: ACH Debit, Bank Deposit, Wire, Credit Card, Debit Card or Certified Check.
Client understands that payment of all fees are to be made within 24 hours after receiving an invoice on confirmed funding deposits.
If the fee is not paid to Spectrum360for services within 48 hours of the invoice being sent, collections of the amount owed to Spectrum360will be placed on all 3 bureaus of borrower’s personal credit files and referred to our attorney’s office for collections.
Spectrum360, and/or its assigns is not responsible for the payment or amortization of the Client (Borrower’s) debt. It is the Client (Borrower’s) responsibility to comply with the terms and conditions set forth by each creditor (lender/lending source).
If Spectrum360 and/or its assigns requires an attorney to assist in the collection of fees, the Client (Borrower) hereby agrees to pay all legal costs (including collection fees) in addition to the original total Consulting Fee (incl. partner services and fees) of 5% up to 30% (percent).
It is understood that Spectrum360, and/or its assigns is not a lender. The Client (Borrower) gives Spectrum360 and/or its assigns permission to submit credit applications to various lenders.
I, Client Signed Herein, verify that all information is true and correct.
I, Client Signed Herein, have read and understand the above statements. I also understand that the Fee Agreement is part of my entire agreement with Spectrum360 and its Affiliates.
Signature: Client Signed Herein
Date: Date Signed Herein