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Business Name (the
"Service") is a collection service provided by Business Name ("RSC"),
subject to your compliance with the terms and conditions set forth in
the following. Please read this Agreement carefully.
If you utilize the Service in a manner inconsistent with these terms and
conditions, we may terminate your account and/or seek such additional relief
as the circumstances of your misuse indicate is proper. Our standard
rate will apply to all accounts that use our service and the rates may be
found here.
http://www.xyz.com/rates2.html
Unless you receive a separate agreement signed by an officer of the
corporation or an acknowledgement letter stating a lower rate then what is
listed on the website is the rate charged. Any oral agreement between RSC
and you as the client for a lower rate then agreed will be put into an
acknowledgement letter and mailed to you via first-class mail. It is your
responsibility to make sure that you agree to this rate immediately upon
receipt of the letter.
Business NAME, herein
referred to as "AGENCY" and ______________, herein referred to as "CLIENT"
AGREES that the accounts placed with the AGENCY are subject to the terms and
conditions of the following agreement between the said parties:
1.
All accounts placed from Client will be in compliance with Federal,
State, and Local Laws and regulations, and will be valid debts owed to
client.
2.
Collection activities will be in compliance with Federal, State, and
Local Laws and regulations, and be courteous and business like consistent
with the image and reputation of the CLIENT.
3.
Collections made by AGENCY on clients' accounts will be deposited
immediately into an account maintained for clients' disbursements. All
collections made by AGENCY on clients' accounts will be remitted to CLIENT
less AGENCY collection fee, by the first Friday following the 15th
of the month following collection. Agency will provide such statements which
will be descriptive i.e. (Debtors name, amount collected, amount due CLIENT,
amount due AGENCY, balance of account).
4.
CLIENT authorizes AGENCY to endorse and deposit in its account any
and all checks, money orders, drafts, cash etc. made payable to or paid to
AGENCY for CLIENT on accounts placed with AGENCY.
5.
CLIENT agrees to provide AGENCY with information on all direct
payments, adjustments, and disputes within a timely manner, not to exceed 15
days. If this information is not provided to the Agency per FCRA there maybe
a fine for any information not provided to the Agency. The Client will be
responsible for any and all fines for information not provided to the
Agency.
6.
The collection fee on payments made to AGENCY and direct to CLIENT on
accounts placed with AGENCY will be _____%. The Client authorizes Agency to
settle for _____% of account if this is the only way to collect the account
in a timely manner. AGENCY requests to add interest to your accounts,
as State law provides, and retain 100% of interest collected to offset
expenses and supplement lower collection fees.
7.
AGENCY will not initiate any form of legal action without prior
written authority from CLIENT. When legal action is authorized, CLIENT will
execute a written assignment of the account. Legal action will be brought in
the name of AGENCY to further indemnify CLIENT. All legal action accounts
will be charged at the rate of ______%.
8.
AGENCY will not be responsible for all legal fees and court costs
with reference to accounts placed for collections by CLIENT. The AGENCY will
not be obligated to file suit on any account referred by CLIENT as the
AGENCY attempts to avoid delays incurred by involving the Courts and Lawyers
whenever possible. If legal action is pursued, legal fees and court costs
will be retained out of first monies collected - in addition to collection
fees.
9.
CLIENT may perform audits of AGENCY from time to time or persons
retained by CLIENT, to include a review of collection effort, adequacy of
cash controls, promptness of recording and remitting payments, compliance
with this agreement and any other normal audit procedures.
10.
CLIENT may withdraw accounts placed in error by CLIENT with AGENCY
for collection by written or verbal request. Upon receipt of such request
AGENCY will cancel and return said account along with all media pertaining
to said account that CLIENT may have provided. AGENCY will retain the right
to commissions on paying, settlements, and insurance accounts, unless other
arrangements are made with management. This article is not a provision for
canceling this contract.
11.
As further consideration for the receipt and handling and collection
of accounts by AGENCY, and for the services rendered to CLIENT by AGENCY,
the parties agree that each party will assume its own proper responsibility
in connection with any claims made by a third party against CLIENT and/or
AGENCY. AGENCY being an independent contractor is solely responsible for the
employment, acts and omissions, control and direction of its employees.
If the acts of CLIENT or employees etc. are the proximate cause of any
action brought against AGENCY by third party, then CLIENT will assume full
responsibility for the defense of said action and payment of any judgment.
This agreement will be
effective as of date shown and continue in effect until terminated as herein
provided. Either party may terminate this agreement by giving the other
party thirty (30) days notice by certified mail; however, CLIENT may
terminate this agreement immediately in the event AGENCY violates any of the
terms or provisions of this agreement. Termination or cancellation of this
agreement by either party will not affect the collection enforcement or
validity of any accrued obligations owing between parties. Agency will
retain commissions on paying accounts, settlements accounts, insurance
accounts as well as the right to recover any court costs advanced on said
accounts. All accounts returned by Client request may be charged at the rate
of 10% each to cover administrative costs.
The provisions of this agreement will override any and all contrary or
conflicting provisions contained in the past or present agreements. Their
duly authorized and empowered representatives enter into this agreement by
and between AGENCY and CLIENT on this ____day of _______ 20___.
AGENCY:
Business Name
Address
Phone
BY:
TITLE:
___________________________________
CLIENT: |
