This Agreement ("Agreement") is entered into by and between Cake Credit Repair,(the "Company"), with a principal address of 1001 E Baker Street, Suite 200, Plant City, FL 33563, and {CLIENT NAME} (the "Client"), regarding an agreement to provide credit-oriented services and the Client's agreement to pay for such.
Credit Restoration Services(the “Service”) will be limited to the following and will be for the benefit of the Client, and Client authorizes Company to provide such Services and act on Client’s behalf to perform Services.
Credit Audit Service:
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Review and assess the Client's current credit standings and consult with the client as to the information contained within their credit report.
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Enter all applicable data from the Client’s credit report into a secure internal database.
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Client’s file is prepped, and investigations/challenges plotted to include the items that the Client has indicated to be reporting erroneously per the Client’s affirmation.
Audit Service expected to be complete shortly after Client’s first contact with Company.
Credit Repair Service:
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Assist in the update, correction, or removal of any item that is found to have been reported erroneously or inaccurate.
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Periodic reviews and analysis of the Client’s credit status.
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Continually receive and processing manual/automatic updates for Client.
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Respond to, receive, and/or initiate correspondence via telephone, online, email, facsimile, or regular mail on behalf of the client
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Create a strategic plan to assist the Client in meeting the Client’s goals, upon request of Client.
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The preparation and sending of letters, emails, faxes, or electronic communications to the applicable creditors, collection companies, public record offices, and the three major reporting agencies in the attempt to correct or remove errors and other items appearing on the Client’s credit reports which Client indicates to be inaccurate, incomplete, outdated, or unverified as per the Fair Credit Reporting Act.
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Conducts follow up via phone, email, or regular mail with Client to discuss the Client’s status and strategy.
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Assist Client with credit/financial related questions to the best of our ability.
Service Fees due only after the full completion of each Service listed below.
The Company will charge a fee of $60.00 after it provides the Credit Audit Services listed above to the Client. The Company will also charge a fee of $70.00 after it provides the Credit Repair Services listed above as needed by the Client on a monthly basis.
Client’s Responsibilities and Obligations:
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Client agrees to sign a Limited Power of Attorney granting company-specific right to contact, represent, and send correspondence produced by Company on Client’s behalf.
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Client agrees to forward to Company immediately any and all mail or electronic correspondence received from creditors, credit reporting agencies, collection companies, public record offices, etc. regarding any items listed on the Item Authorization Page.
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Client agrees to provide (initially and ongoing) credit reports to the company with scores from all three credit reporting agencies (Experian, Trans Union, and Equifax).
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Client agrees to maintain on-time monthly payments of any current credit obligations (nothing 30 days or more past due), not allow new collections, Judgments, Tax Liens, etc. Failure to maintain those payments will likely result in severe damage to any updates made to Client’s credit by Company.
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Client agrees to contact Company with any questions regarding their credit including applying for any consumer credit prior to the pursuit of new credit.
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Client agrees to payment terms and conditions set forth in this Agreement regarding billing procedures and further agrees to maintain prompt payment of any Fees due company.
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Client understands that all fees that arise from Company’s credit repair process are due on schedule and after the given work has been completed by the Company for the Client. COMPANY MAY TERMINATE THIS AGREEMENT IF OPEN BALANCE DUE COMPANY IS NOT PAID WITHIN A TIMELY MANNER.
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The term of this Agreement is for a maximum of 12 months from when the services are initiated.
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The Company's services are estimated to be provided through 12 months from the date of execution of this contract. As such, the Client will pay a maximum total of $1,229.35. Client can cancel at any time without any further obligation from the Client upon his or her cancellation date.
Disclosures which apply to all services rendered by Company:
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Client understands credit repair and restoration is not a quick fix, and Company has not provided any specific promise or guarantee of the time frame for updates on any given item of information.
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The Company will not remove any derogatory information (defined as accurate negative information appearing on a Client’s credit report that actually belongs there), nor will the Company assist Client on improving Client’s credit rating. Instead, as a Credit Repair Organization Act compliant credit repair organization, the Company exclusively assists its Clients in removing or correcting inaccurate information appearing on their credit reports.
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The Company will not charge the Client any fees in advance for any services under this Agreement.
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Client understands that the addition of new derogatory information will negatively impact the results of Company’s service. Client also understands that Company will only attempt to remove erroneous, outdated, or incorrectly reported information from the credit reporting agencies, as allowed by state and federal law, and understands that Company makes no claim beyond those changes allowed by state and federal law. This includes, but may not be limited to, inquiries, addresses, aliases, creditor accounts, and personal information.
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Client acknowledges that company must discontinue services on any item(s) that are fully validated by the reporting source, and confirmed to be verified by the reporting agencies.
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Neither Client nor Company, has the right to have accurate, current, and verifiable information removed from Client’s credit report.
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Client verifies that any disputes made to the Client’s credit reporting agencies are at Client’s direction and based on accurate and truthful information Client provided to the Company.
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Client acknowledges they have received a copy of company’s privacy policy, and a copy of the required disclosures prior to signing this agreement.
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Client acknowledges that Company does not guarantee Client will receive any type of financing or additional benefits as a result of Company’s services.
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Client understands that it is their right to execute similar disputes on their own behalf, but has willfully elected to allow Company to perform the services for the fees agreed upon by Client and Company.
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Company will not charge the Client in advance of providing the Client with any services under this Agreement. Company shall provide the Client with documentation that work has been completed prior to the Company’s collecting its fee.
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Client acknowledges that Company retains the option of utilizing third-party entities to provide its services to the Client.
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The Company has made no guarantees, assurances or predictions regarding the outcome, success or results of using its services, the Company does not guarantee any credit report outcome or results including but not limited to items deleted or a credit score increase and Client is solely paying for Company’s efforts as described in the services listed within this Agreement.
Electronic Communication
Client agrees, unless specifically requested otherwise, that by entering into transactions with Company, Client affirms consent to receive, in an electronic format, all information, copies of agreements, and correspondence from Company and to also send information in an electronic format unless previously agreed upon in writing with Company. Client has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Client’s consent may be withdrawn at any time upon Company’s receipt of such withdrawal. However, Client’s withdrawal of Client’s consent to conduct business electronically can only occur if applicable law specifically requires Company to provide a paper copy of electronic documents. Withdrawal of consent will slow the speed at which Company can complete certain steps in transactions with Client and delivering services to Client. To inform us that Client either withdraws Client’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information Client may send to: Cake Credit Repair 1001 E Baker Street, Suite 200Suite 200, Plant City, FL 33563. Client acknowledges and agrees that the internet is considered inherently insecure. Therefore, Client agrees that Company has no liability to Client whatsoever for any loss, claim, or damages arising or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied.
Binding Arbitration Agreement
In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, conscionably or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by mandatory, binding arbitration. The parties agree that the arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not any attorneys’ fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury or to use the court system except to enforce this section. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
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.
Dated this _____ day of_____________________ , 20______.
Purchaser’s Signature:_____________________________________
Purchaser’s Printed Name: ___________________________________
NOTICE OF CANCELLATION
Complete This Section Only if Cancelling the Agreement
You may cancel this contract, without any penalty or obligation at any time prior to midnight of the 3rd day which begins after the date the contract is signed by you.
To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice or any other written notice to: Cake Credit Repair 1001 E Baker Street, Suite 200, Plant City, FL 33563before midnight {5 BUSINESS DAY AFTER AGREEMENT HAS BEEN SIGNED}.
I hereby cancel this transaction,
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Date
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Purchaser's Signature
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Purchaser's Printed Name
NOTICE OF CANCELLATION
Complete This Section Only if Cancelling the Agreement
You may cancel this contract, without any penalty or obligation at any time prior to midnight of the 3rd day after the date the contract is signed.
To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice, or any other written notice to Cake Credit Repair 1001 E Baker Street, Suite 200, Plant City, FL 33563 before midnight {5 BUSINESS DAY AFTER AGREEMENT HAS BEEN SIGNED}.
I hereby cancel this transaction,
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Date
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Purchaser's Signature
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Purchaser's Printed Name
LIMITED POWER OF ATTORNEY
I, {CLIENT NAME} residing at: {CLIENT ADDRESS}
I hereby appoint Cake Credit Repair as my Agent.
My Agent shall have limited power and authority to act on my behalf. This power and authority shall be limited to, the power to:
1. Prepare and file documents with any credit reporting agency or creditor limited to, authorization to:
a. Prepare and file disputes with credit reporting agencies by mail, fax, or online.
b. Obtain information or documents from any creditor or its agencies.
This Power of Attorney shall be construed as a Limited Power of Attorney. The listing of specific powers is intended to limit and restrict the powers granted in this Power of Attorney.
My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.
I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document.
This Power of Attorney shall become effective immediately. This Power of Attorney shall continue effective until the associated agreement has concluded or otherwise has been terminated, or upon my advising my Agent that this Power of Attorney has been revoked.
Date: {TODAYS DATE}
Full Legal Name: {CLIENT NAME}
PRIVACY POLICY of CAKE CREDIT REPAIR
WHAT DOES CAKE CREDIT REPAIR DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information.
Please read this notice carefully to understand what we do.
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The types of personal information we collect and share depend on the product or service you have with us. This information can include: Specific product or service needs, Social Security Numbers, Credit Profile, Address & Payment Information
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All financial companies need to share personal information to run their everyday business. In the section below, we list the reasons financial companies can share their personal information; the reasons chooses to share; and whether you can limit this sharing
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Reasons we can share your info
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Do we share your info?
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Can you limit this sharing?
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For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
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Yes, we may share your info with necessary parties to help facilitate the products and services that you have contracted for.
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No
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For our marketing purposes— to offer our products and services to you
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We may share your information with vendors that assist us in offering various opportunities to you.
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Yes, you can opt-out of receiving any marketing from us for any products other than the products or services you have contracted for.
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For joint marketing with other financial companies
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We may share your information with other financial and non-financial entities
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Yes, you can opt-out of any non-essential sharing with third parties.
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For our affiliates’ everyday business purposes— information about your transactions and experiences
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Yes, we may share your info with affiliated parties to help facilitate your goals
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Yes, you can opt-out of any non-essential sharing with third parties.
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To limit our sharing of information or for ANY Questions: Call us at (813)720-8988.
Please note if you are a new customer, we can begin sharing your information 5 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.
How does Cake Credit Repair protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards, encrypted storage of all personal information, data security and breach protocols, and secured files and buildings. All employees are trained and monitored on privacy and security protocols, we monitor all offices with cameras, and protect them with monitored alarm systems, we additionally destroy all physical documents after they are no longer needed and keep electronic copies of them in a secure encrypted environment.
How do we collect your personal information?
We collect your personal information from any and all interactions that you have on our websites, web portals, email communications, telephonic communications, mail services, and face to face interactions.
Information for Vermont, California, and Nevada Customers:
In response to a Vermont regulation, we automatically treat customers with Vermont billing addresses as if they requested us not to share your information with non-affiliated third parties, and that we limit the information we share with any affiliates. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only disclose your name, address, other contact information, and information about our transaction and experiences with you. In response to a California law, we will automatically treat individuals with a California billing address as if they had requested us not to share their information with non-affiliated third parties except as permitted by the applicable California law. We will also limit the sharing of information about you with our affiliates to comply with California privacy laws that apply to us. Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties' direct marketing purposes. If you are a California resident and want such a list, please contact us at Cake Credit Repair1001 E Baker St Suite 200, Plant City Fl 33563 or contact us at the telephone number listed above. In response to Nevada's law, we are providing you this notice. You may be placed on our internal Do Not Call List by contacting us at the address set forth above. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 702-486-3132; e-mail: BCPINFO@ag.state.nv.us.
Why can’t I limit all sharing?
Although federal law does not require us to, we give you the right to limit any sharing that is not directly needed to facilitate our contracted services and or delivery of contracted products.
What happens when I limit my sharing for an account I hold jointly with someone else?
We limit sharing for both individuals to ensure the protection of your wishes.
Definitions:
Affiliates: Companies related by common ownership or control. They can be financial and non-financial companies.
Non-Affiliates Companies not related by common ownership or control. They can be financial and non-financial companies.
Joint Marketing: A formal agreement between non-affiliated financial companies that together market financial products or services to you.
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