TRADELINE/Consulting LEASE AGREEMENT
PARTIES This agreement is intended to be a binding contract by and between SISTENA BUSINESS CONSULTING, LLC. Doing Business As (“DBA” Warren Financial Group), (hereinafter “WFG”) and the undersigned client (hereinafter “Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to WFG is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of WFG as set forth herein, and that he/she will not use any of the services of WFG or any information provided by WFG for any unlawful purpose.
DEFINITION OF TRADELINE The term “tradeline” technically refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline. The act of adding Client to another person’s tradeline consists of adding Client as an “Authorized User” on that person’s line of credit, resulting in the tradeline also appearing on Client’s credit bureau report.
SERVICES PROVIDED WFG agrees to identify one or more tradelines (as indicated in the “Tradeline Order” clause below) on behalf of Client and perform all functions necessary to have Client added to those tradelines as an “Authorized User” on or before the date of the first billing statement following the date of this agreement for each tradeline. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines until three (3) days after the second (2nd) statement/closing date for each tradeline after being added thereto, after which he/she will be removed therefrom. Accordingly, it is the understanding and intent of the parties that Client will maintain “Authorized User” status on each tradeline for two billing statement dates, and that Client will receive two postings of each tradeline to his/her credit bureau report. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. The client also understands that there is consulting work being done
throughout this process and fee’s charged for that purpose will be non refundable.
FEES Client agrees to pay, and WFG agrees to accept as compensation, the non-refundable fee specified in the “Tradeline Order” clause below. Client understands and agrees that this fee is to be paid in full prior to the commencement of any work or delivery of any services by WFG. Client understands and agrees that no work will be performed by WFG until it has received the entire fee, and that all fee payments received are to be considered earned upon receipt and non-refundable. Consequently, Client agrees that any partial fee payments received will not be refunded to Client in the event Client fails to pay the remainder of the fee, although Client will retain the right to pay the remainder of the fee and receive the services of WFG for up to one year from the date of this agreement. Client further understands and agrees that after one year from the date of this agreement, any partial fees paid by Client shall be forfeited to WFG. Client further agrees that in the event any method of payment is returned or declined for any reason, WFG may remove that Client from any tradeline to which that Client has been added until such time as that payment has been replaced with good funds.
FAILURE TO PERFORM The parties agree that if WFG is unable to identify all of the tradelines contemplated by this agreement, Client shall be entitled to a refund equal to the total fee set forth herein divided by the total number of tradelines contemplated by this agreement, then multiplied by the number of tradelines that WFG was unable to identify (ie, total fee ÷ total number of tradelines contemplated x number of tradelines not identified = refund). That is, the fee set forth herein has been calculated by multiplying the fee for each tradeline by the number of tradelines to be identified, with the fee for each tradeline being equal to the fee for each other tradeline and the fee for each tradeline consisting of an equal percentage of the entire fee. In the event WFG is unable to fully perform, Client will be entitled to a refund for only that percentage of the fee that WFG failed to earn.
PROOF OF NON-PERFORMANCE The parties agree that in the event Client has not been timely added to the specified tradeline(s) in accordance with the “Services Provided” clause above, WFG shall have the sole and exclusive option of either adding the Client to a different tradeline of equal or greater quality, or refunding the Client’s fees to him/her within thirty (30) days of the date it receives written proof from the Client of WFG’s non-performance, provided such written proof is received by WFG by email or text message within twenty-one (21) days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon WFG. It is further understood and agreed that WFG shall not be bound or obligated to issue a refund or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than email or text message as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith.
AUTHORIZATION Client hereby grants to WFG full authority to use his/her information for the sole purpose of adding him/her to the selected tradeline, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Client authorizes WFG to perform any and all acts necessary to accomplish the goals of this agreement, and agrees to execute any and all documents necessary to facilitate WFG’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Client further agrees that WFG will exercise its sole discretion in choosing the specific tradeline to which Client will be added, provided that any tradeline chosen by WFG will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which Client is listed as an “Authorized User” thereon.
USE OF PERSONAL INFORMATION Client agrees to provide to WFG any and all personal information necessary to allow WFG to add that Client to the specified tradeline, and WFG agrees that it will use any personal information received from Client solely for that purpose. WFG will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement.
USE OF FALSE OR UNAUTHORIZED INFORMATION Client agrees that he/she shall not use, provide, or submit to WFG, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, WFG shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by WFG). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to WFG shall not be refunded to Client, but shall be retained by WFG and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that WFG’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that WFG does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
ASSUMPTION OF RISK Client understands and agrees that there exists an inherent risk in providing his/her personal information to WFG, and in WFG in turn providing that personal information to third parties on Client’s behalf. Client therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Client further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
RELEASE Client agrees to permanently and irrevocably release WFG and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by WFG, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
INDEMNIFICATION Client shall fully indemnify, hold harmless and defend WFG and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to WFG, any misrepresentation made to WFG, or the provision of any false, fraudulent, illegal or unauthorized information to WFG, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
DISCLAIMER Client understands and agrees that any and all products and services offered by WFG are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that WFG does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from WFG will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, and that in any such event WFG shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by WFG). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to WFG shall not be refunded to Client, but shall be retained by WFG and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that WFG’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that WFG does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that WFG reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify WFG for any fines or other penalties of any kind that WFG may incur as a result of Client’s failure or refusal to cooperate with any such investigation.
ABSENCE OF GUARANTEE Client understands and agrees that WFG cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client’s credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by WFG or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that WFG may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Client.
LIMITATION OF LIABILITY Client agrees that any liability on the part of WFG for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of WFG, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to WFG under this agreement. Client further agrees that WFG shall not be liable for the acts or omissions of any third party, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by WFG.
LIMITATION OF ACTIONS Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against WFG more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.
CHOICE OF LAW AND FORUM The parties further agree that any and all actions, proceedings or litigation brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, shall be initiated in Duval County, Florida and shall be decided in accordance with the laws of the State of Florida.
ATTORNEY’S FEES AND COSTS The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
NON-WAIVER It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.
SEVERABILITY It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
ENTIRE AGREEMENT It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supersedes all other verbal or written agreements made prior to or concurrent with this agreement.
MODIFICATION It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
TRADELINE ORDER Client authorizes and directs WFG to identify and add him/her to the following tradelines listed on their Tradeline Order Form. Client’s e-signature is located on the tradeline order form.