Credit Improvement Services AgreementBMore Fluent Credence
BMore Fluent Credence, as an entity that counsels, educates and works in conjunction with clients to assist in disputing/challenging inaccurate, obsolete, and unverifiable information on their credit bureau reports, enters into an agreement with the client to offer said services.The client agrees that BMore Fluent Credence is not held liable nor can be held responsible for accurate information that is included in a client credit report that is not removed. The client agrees that no promises regarding actual results have been made, stated, written, or implied. BMore Fluent Credence will work with due diligence in representing clients to dispute/challenge, advise, educate, and ultimately help improve overall client creditworthiness.Both parties agree that effective and long-term sustained credit worthiness is based upon a consistent payment of obligated loan arrangements, overall credit management, and an updated understanding of applicable laws and regulations. This Business Agreement shall be governed by the laws of the State of . All parties agree BMore Fluent Credence shall be the proper venue for any litigation.
1. Introduction. The undersigned parties (“client(s)”) hereby agree to employ BMore Fluent Credence (“BMore Fluent Credence”), their agents, employees, and/or contractors, to provide advice and assistance with respect to improving the client’s credit file, record, history, FICO or other scores, and overall credit knowledge. Generally, this service will be directed to a Consumer Reporting Agency (“CRA” or “Credit Bureau”) or to any individual or company from whom the client is applying for credit or has actually received credit (“Creditor”). Finally, these efforts may be directed to any collection agency or company supplying credit-related information to a CRA or Creditor (a “Furnisher” of information).BMore Fluent Credence is a company that sells or provides a service, in return for consideration, in an attempt to improve the client’s credit record, history or rating, and to provide advice regarding these activities, and as such, is governed by the Credit Repair Organizations Act, 15 U.S.C. 1679 (“CROA” or “The Act”).
2. Prohibited Practices by Client. BMore Fluent Credence discloses that the following acts are strictly prohibited under the CROA, and the client agrees to refrain from assisting BMore Fluent Credence agents or employees, with respect to the following prohibited practices: (a) advising or making a statement to a CRA or an existing or prospective creditor which is untrue or misleading, or which should be known to be untrue or misleading, through reasonable care; (b) advising or making a statement to alter the client’s identification in order to prevent the display of the client’s credit record or history for the purpose of concealing adverse information which is accurate and not obsolete.
3. Prohibited Practices by BMore Fluent Credence. BMore Fluent Credence will not (a) make or use any untrue or misleading representation as to the services to be provided to the client; (b) perform any act or conduct that constitutes a commission or attempts to commit fraud or deception upon any client in connection with the offer or sale of the services of BMore Fluent Credence; (c) charge or receive any money or other consideration for the performance of any service for which BMore Fluent Credence has agreed to perform before such service is actually performed.
4. Consumer Disclosure. Prior to signing this contract and paying any money for services rendered, each client acknowledges that they received, reviewed, and signed a separate and standalone “Consumer Credit File Rights Under State and Federal Law” disclosure form.
5. “Right to Cancel” Notice. Every client has the right to cancel this contract with BMore Fluent Credence, without penalty or obligation, by notifyingBMore Fluent Credence before midnight of the 3rd business day after this contract is signed and executed. You may exclude Sundays and the day the contract is signed for computing the three-business day rule. Each client acknowledges receipt of two signed copies of the “Notice of Cancellation” document. Further, no services will be rendered nor will any money be paid to BMore Fluent Credence during this three-day cancellation period.
Client understands that any new negative information, incurred after our process begins, will negate any positive results attained byBMore Fluent Credence.
a) Client understands that any new negative information, incurred after our process begins, will negate any positive results attained by BMore Fluent Credence.
b) Client understands that if they cancel services after the “three day right of rescission”, but before original reports are received, they will be subject to a $75 fee, Per Individual, for all services rendered prior to cancellation. This includes, but is not limited to: Consultant time explaining our Services and Processes, Emailing or Faxing of information etc.
c) Any checks returned NSF (Bad Check) or for any other reason will nullify this Money Back Guarantee!
6. In the event of any dispute between the parties regarding a term or terms of the Agreement, the parties agree to use their best efforts in good faith to resolve the dispute between them. If necessary, but in the sole judgment of each party, the parties will consider using alternative dispute resolution, including mediation, before resorting to litigation. In such instance, a breach thereof shall be settled by arbitration before a retired Judge of the Carrol Superior Court. The retired Judge shall be selected by unanimous agreement of the parties or, failing agreement, within thirty (30) days after the arbitration is demanded by one of the parties, the retired Judge shall be appointed by the Carrol Superior Court upon the petition of any party. A judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction.
7. Description of Services and Conditions of Payment. The client agrees to pay a profile assessment fee plus a registration fee to BMore Fluent Credence, as well as monthly payments where applicable, which shall be detailed as follows:
The first payment shall be due immediately after the expiration of the three-day rescission period (“First Due Date”), and paid to BMore Fluent Credence after:
a) you pull your credit report from the three major reporting agencies, Experian, Equifax, and TransUnion through a credit watch service;
b) sets up a physical file for the client containing all relevant contracts, documents, credit reports, and other information;
(c) reviews and analyzes the credit report in order to advise the client on specific credit problems or issues. This is the registration/credit assessment fee.
The following payments shall be due 30 days after the first due date, and every month thereafter:
a) discusses with each client the specific issues identified on the credit report;
b) confirm with each client all incorrect or inaccurate information contained in each credit report;
c) discloses any relevant or necessary supporting documentation that may be needed to support a dispute letter.
Your Plan Options:
BMore Fluent Credence Package 1 - This is an intensive, rigorous, 180 day program developed specifically to allow clients to purchase or refinance at better rates and terms. Start day begins when all three reports (per individual) are received by BMore Fluent Credence.Single: Total: $187 Processing Fee – monthly payments of $ 157 per month
BMore Fluent Credence Package 2 - This is an intensive, condensed, 30-120 day program developed specifically to allow clients to purchase or refinance at better rates and terms, if they have a Bankruptcy, Foreclosure, Repossession, Student Loans or Child Support showing on their Credit Bureaus. Start day begins when all three reports (per individual) are received by BMore Fluent Credence.Single: Total: $157 Processing Fee – monthly payments of $387 per month
8. For a period of three to twelve months from the date the contract is signed, BMore Fluent Credence will also provide the following services, without additional payment from the client, as determined by the agents and employees of BMore Fluent Credence, in their sole discretion:
a. Where a letter and any necessary supporting documentation have been provided to a Creditor or BMore Fluent Credence, and that entity fails to take corrective action, BMore Fluent Credence will refer each client to an attorney who will review the claim and possibly pursue your legal rights. Under the FCRA, an attorney may recover attorney’s fees, costs, and damages (and potentially punitive damages, in limited circumstances) without any up-front charge or fee to the client (also known as a “contingency fee” arrangement). BMore Fluent Credence will not charge you, nor receive any fee, for this referral.
b. Continuing communications with the BMore Fluent Credence, Creditors, or Furnishers who have inaccurate credit information in an effort to obtain a resolution or removal of information on the credit report. These communications may be made by telephone, email, and/or written correspondence.
c. Provide educational materials on various topics, such as the credit reporting process, credit scores and what factors play an important role in assigning the score, and the effect a credit score has on the client’s overall finances.
9. Completion Date. Due to the uncertain nature of credit repair and the amount of time needed to dispute inaccurate information, BMore Fluent Credence hereby estimates that the services to be rendered to the client will take a minimum of 120 days to complete, but it is far more realistic that a minimum of 180 days will be required. Therefore, BMore Fluent Credence and the client expressly agree to set the contract period at 180 days from the date the contract is signed, in exchange for payment of the fee. This fee is final and non-refundable after 180 days (subject to the “Guarantee of Service '' listed below), and the performance of all services rendered by , or any other of its agents or employees will be complete. Specifically, BMore Fluent Credence makes no other promises or warranties with respect to the amount of work that will be completed within the 180-day period, other than guaranteeing the 20-point improvement listed below. Furthermore, each client understands that additional work could be required after the 180-day period, that their credit information may not be entirely accurate by the end of the 180 days, and if the client desires additional assistance from BMore Fluent Credence, the client would be required to pay additional fees to continue BMore Fluent Credence’s services with respect to any remaining credit disputes.
10. Guarantees of Service. In addition to providing the services described above, BMore Fluent Credence agrees to refund to the client, after the passage of 180 days, any fee collected from the client if BMore Fluent Credence is unable to raise the client’s credit score at least 20 points, at any time during the contract, on any one credit report. This guarantee will be applicable only after BMore Fluent Credence has had an appropriate amount of time to process the client’s information and dispute letters, which may take the full 180-day service period. Furthermore, this guarantee is void if the client fails to adhere to all of the requirements listed in PARAGRAPH 14 with respect to the client’s responsibilities.
11. Copies of Documents. The client has a right to have a copy of any document requiring the client’s signature. BMore Fluent Credence will also make reasonable efforts to provide the client with other documents obtained in the course of rendering its services, at its sole discretion. The client may write to BMore Fluent Credence at any time prior to the expiration of one year from the date the contract for services is signed, and request a copy of the entire file created during the representation.
12. Client’s Consent. Client consents to and acknowledges that the following actions will take place:
a) BMore Fluent Credence will pull a credit report from the three major bureaus at the beginning of the repair process (through your credit watch service), and thereafter as often as deemed necessary by BMore Fluent Credence employees, in their sole discretion;
b) to share any information obtained from the client, the creditors, credit reporting agencies, or any third parties with any party deemed necessary to pursue the client’s remedies under the FCRA;
c) to discuss the client’s credit information and status of the repair work with any individual or company who referred the customer to BMore Fluent Credence, such as a mortgage broker or lender;
d) to sign a power of attorney which will permit BMore Fluent Credence to perform any act necessary to provide its services, including the right to draft and sign letters on your behalf to challenge credit items which client and BMore Fluent Credence believe are inaccurate, obsolete and/or unverifiable.
13. No Legal Advice or Services Provided. BMore Fluent Credence is prohibited from engaging in the practice of law or from providing legal advice to the clients. Such services are permitted only by licensed, practicing attorneys. BMore Fluent Credence will dispute and attempt to hold accountable any credit bureau, creditor, or supplier of inaccurate, obsolete or unverifiable information listed on the client’s credit reports. The client will make BMore Fluent Credence aware of those items client deems to be of an inaccurate, obsolete and/or unverifiable nature, and all negative items found on the client’s credit report will be considered inaccurate, obsolete or unverifiable unless you instruct us otherwise.
14. Client Responsibilities. Each Client understands that the success and timeliness of the credit restoration program depend upon the following and that this contract requires strict compliance by the client of the following duties from the date this agreement is entered into:
Forward to BMore Fluent Credence credit portal, https://dispute.scorexer.com, immediately any document received, credit bureau report, letter or other item received during the credit repair process (keep a copy for your records)
Payment by each client (and their spouse for jointly held liabilities) of all credit lines and debts on time.
Refrain from applying or accepting any new credit (mortgages, car loans, credit cards, etc)Refuse permission or ensure that no other company pulls or examines your credit report.
Cooperate with BMore Fluent Credence in various aspects of the credit dispute process, including providing any requested documentation (prior letters, contracts, bankruptcy papers, divorce decrees, etc)
Cooperate with reasonable requests for documents or information from creditors, credit bureaus, and furnishers of credit information.
Provide true and accurate information that is neither false, misleading, deceptive, nor fraudulent. Pay all fees in a timely manner when due Provide an accurate home address and working home, work, and cell telephone number, and notify us immediately if any phone number changes.
Use BMore Fluent Credence’s services exclusively during the contract period.
Give BMore Fluent Credence sufficient time (90 days) to achieve the results discussed in the guarantees of service
15. Client agrees to (please check boxes c & d below)
a) Contact BMore Fluent Credence concerning any reports not received!
b) Understand that our “Score More Credit Coaching Program”, is 30 to 120 days in length, with the sole purpose of increasing your “Current Credit Score” to the “Goal”, stated when initiating our process.
c) Client agrees that they have received the BMore Fluent Credence credit consultant document, which is a separate document, have read, understood, and will agree to comply with the requirements thereof.
d) Client agrees to open secure or unsecured credit cards if that is what ECA recommends to them and the client will work to the best of their ability, on lowering their “debt to credit ratio” (Credit Card Balances should be below 50% balance to limit ratio and more ideally 30%). Please ask an ECA consultant to explain this further if you do not understand. This will help to “optimize our results.” If a client does not do the above as recommended by ECA this will null and void the guarantee. It is imperative that the client takes an active role and establishes trade-lines – not doing so will impede the results of the program.
e) Client also agrees that if any new derogatory trade lines appear (this includes new collections, new judgments, and late payments) on their credit file while they are in the program our guarantee that we have offered you upfront will become null and void.
15. Choice of Laws. The client acknowledges that this contract is entered into, that BMore Fluent Credence has been requested to provide services for you, and that BMore Fluent Credence is physically located and will render all of its services, within Carrol County in the Commonwealth of Carrol -- regardless of where you may reside. The Client further acknowledges that the relationship with BMore Fluent Credence and any contract or tort claim shall arise and be governed by the laws of the Commonwealth of Carrol, without regard to any other conflict of law provisions. Any action arising under state law concerning this contract or any conduct or activity resulting therefrom shall be brought only in Carrol County, .
You and BMore Fluent Credence agree to submit to the personal and exclusive jurisdiction of the small claims, district or circuit courts located within Carrol County, , and all legal proceedings must be brought in this forum. In the alternative, any claim arising under a federal question, or due to diversity of citizenship, or otherwise within the scope of federal court jurisdiction, shall be brought in the Federal District Court, Carrol County, .
16. Release from Liability. The client hereby expressly waives any claim and agrees to release, indemnify and hold BMore Fluent Credence ,, their agents, employees and/or assigns, harmless for any and all claims or causes of action which arise out of the performance of the credit repair services. Unless the action arises from a failure to comply with the Credit Repair Organizations Act, the client agrees that its sole legal right or claim for damages against BMore Fluent Credence, , or any agent, employee, or contractor thereof, shall be limited solely to a refund of any fee paid.
17. No Express or Implied Warranties. No other promise, other than the refund policy stated in paragraph 7, has been made to the client, and the client specifically agrees that no additional promises, representations, or express and/or implied warranties other than those terms spelled out in this agreement were made with respect to the services to be rendered or outcome to be achieved.
YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION AT ANY TIME BEFORE MIDNIGHT OF THE THIRD (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.
Last 4 Digits of Social Security Number
Note: BMore Fluent Credence is the name of the company providing credit repair services to you, the client.
The principal business address, and all correspondence or documents, should be forwarded to the following address:
BMore Fluent Credence