This Service Agreement and Limited Power of Attorney (“Contract”) is made in the state of New York and constitutes the complete understanding between you and COMPANY (the “Representation”).

DEFINITIONS
Bureaus. The term “Bureaus” shall mean, collectively or individually, the major credit bureaus (TransUnion, Equifax, and Experian).
Communications. The term “Communications” shall mean written or electronic communications to Bureaus and/or Furnishers. Communications will be sent in accordance with your instructions and information as well as with COMPANY’s analysis of your credit reports.
Content. The term “Content” shall mean COMPANY’s works of authorships, including but not limited to its registered marks, copyrighted material, any revisions, modifications and enhancements thereto, and any trade dress.
Furnishers. The term “Furnishers” shall mean one or more credit report information furnishers (for example, creditors, debt collectors, and banks).
Service Interval. The term “Service Interval” shall mean 5-15 days after the date of this Contract, and monthly thereafter.
Websites. The term “Websites” shall mean the websites located at www.uscreditadvoate.com and such other sites as COMPANY may choose to operate in connection with the Representation.
SERVICES AND REPRESENTATION
You agree that, by signing this Contract, you are providing COMPANY with “written instructions” in accordance with the Fair Credit Reporting Act to periodically obtain your credit reports from any consumer reporting agency, affiliate or third party and to use your credit reports to provide you with the services agreed to as part of this Contract.

COMPANY performs one or more of the following services before you pay: enters your personal data and one or more credit reports into its secure database; provides you with a login to access your case online and to access certain informative content COMPANY offers its clients; collects information and instructions from you regarding your particular circumstances and how you wish to proceed; analyzes your case; and prepares and sends one or more Communications on your behalf.

Subsequently, COMPANY typically performs one or more of the following ongoing and periodic services as appropriate in its judgment and discretion: receives and reviews Bureau and Furnisher correspondence sent to us directly or by you; collects and reviews updated information and instructions from you regarding your circumstances, goals, and case; monitors and analyzes your case; provides you with status updates regarding your case; and prepares and sends one or more additional Communications on your behalf.

COMPANY cannot guarantee and you are not paying for a particular credit report outcome or result; you are paying only for COMPANY’s efforts on your behalf. The Bureaus or Furnishers may not respond to initial or subsequent Communications and ultimately may decide not to remove items from your consumer credit files despite COMPANY’s efforts.

COMPANY’s Representation is designed to assist you in your efforts to ensure that your credit reports fairly and accurately reflect your credit history, and to provide you with valuable guidance as you continue to manage your credit.

CREDIT REPAIR SERVICE
COMPANY will assist you in requesting that Bureaus demonstrate their compliance with various laws governing fair, accurate and substantiated consumer credit reporting. Based upon its analysis of your credit reports and the information and instructions you provide, COMPANY will prepare and send Communications to Bureaus on your behalf and in your name to verify and/or challenge the accuracy of your credit reports.

COMPANY will also assist you in requesting that Furnishers demonstrate their compliance with various laws governing fair, accurate, and substantiated consumer credit reporting. Based upon its analysis of your credit reports and the information and instructions you provide, COMPANY will also prepare and send up to three Communications to Furnishers during a Service Interval on your behalf and in your name to verify and/or challenge the accuracy of your credit reports.

COMPANY will assist you in requesting that Bureaus and Furnishers demonstrate their compliance with various laws governing fair, accurate and substantiated consumer credit reporting. Based upon its analysis of your credit reports and the information and instructions you provide, COMPANY will prepare and send Communications to Bureaus and up to two Communications to Furnishers during a Service Interval on your behalf and in your name to verify and/or challenge the accuracy of your credit reports.

III. PAYMENT AND FEES

COMPANY never charges before any services are fully performed. Fees are collected only for services previously provided. Fees for deletion are generally not refundable. If any items that COMPANY successfully deleted from CLIENT’s credit report are reinserted, COMPANY will reinvestigate said items without any additional charge. This limited guarantee applies to customers who have completed all required terms of this Agreement and fully cooperated with all COMPANY requests. Certain state laws may limit or prohibit this guarantee.

An enrollment fee of $295 is charged three to five days from the date of this Contract. This fee will be charged after related services have been fully rendered. The enrollment fee is fully refundable is COMPANY fails to remove ANY items in the first 90 days. This limited guarantee applies to customers who have completed all required terms of this Agreement and fully cooperated with all COMPANY requests. Certain state laws may limit or prohibit this guarantee.

COMPANY’s Credit Correction Service is provided on a per-deletion basis. CLIENT is charged for deletions after said deletions are obtained. CLIENT understands and agrees that CLIENT is billed by COMPANY for services rendered on COMPANY’s behalf, not for a specific case outcome.

Client will only be charged after items have been successfully removed from client’s credit file. Client will be afforded 48 hours from date of invoice to confirm deletions before Client is billed. Dispute results will be sent to client via mail from credit reporting agencies and correction or deletions as viewed through a third party credit monitoring service. The following is the schedule of fees for all services. Fees are only collected after the work associated with said fee has been performed. Fees are assessed per bureau:

Derogatory Info
Late Payments: Deletion $50, Correction $50, Partial Repair $25
Charge Off’s: Deletion $50, Correction $50, Partial Repair $25
Foreclosure/Repo: Deletion $50, Correction $50, Partial Repair $25
Technical Corrections: Deletion $50, Correction $50, Partial Repair $25
Inquiries: Deletion $25, Correction $25
Collections: Deletion $75, Correction $75, Partial Repair $35

Public Records Data
Bankruptcy: Deletion 00, Correction 00, Partial Repair $50
Judgments: Deletion 00, Correction 00, Partial Repair $50
Tax Liens: Deletion 00, Correction 00, Partial Repair $50

Technical Demographic Data
Incorrect Names: Deletion 0, Correction 0, Partial Repair $5
Incorrect DOB: Deletion 0, Correction 0, Partial Repair $5
Incorrect SSN: Deletion 0, Correction 0, Partial Repair $5
Incorrect Address info: Deletion 0, Correction 0, Partial Repair $5
Incorrect Employment: Deletion 0, Correction 0, Partial Repair $5

Client is required to maintain an active credit monitoring service. Credit monitoring allows COMPANY to determine deleted items on Client’s credit report and therefore bill Client appropriately. IF CLIENT DOES NOT MAINTAIN AN ACTIVE CREDIT MONITORNG SERVICE AND MAKE SAID CREDIT MONITORING INFORMATION AVAILABLE TO COMPANY THEN COMPANY WILL CONVERT CLIENT INTO A MONTHLY BILLING PLAN PRICED AT NINETY-NINE DOLLARS ($99) MONTHLY. This monthly billing model will charge on a month-to-month basis at the end of each period for services that have already been performed.

You agree to pay a $20 late charge when payment for DIEZ CONSULTING SERVICES’s Representation is not honored within 5 days of invoice presentment by DIEZ CONSULTING SERVICES, then an additional $5 for every additional day thereafter. You authorize DIEZ CONSULTING SERVICES to substitute additional payment methods provided by you in the event any fee or charge authorized by this Contract is not honored upon first presentment by DIEZ CONSULTING SERVICES. You grant DIEZ CONSULTING SERVICES permission to withdraw any fee or charge authorized by this Contract from your credit or debit card or bank account and to verify your account information.

Typically, past clients who have engaged COMPANY for the following example number(s) of specified Service Intervals have paid COMPANY the following total amounts: (a) 3 months – $594; (b) 6 months – 188

IV. TERM AND CANCELLATION

You may suspend or cancel this Contract at any time and in a number of ways, including: (a) telephoning COMPANY, (b) signing and mailing COMPANY one of the Notices of Cancellation, or (c) sending COMPANY a written request. COMPANY honors all cancellation requests without condition or charge that are sent to COMPANY within the first five days of the date of this Contract. It may take up to three business days from the day COMPANY receives your request to process it. Cancellation requests sent after the first five days may result in a charge.

The length of time you may wish to engage COMPANY will likely depend on a variety of factors, such as: your individual credit goals, your timely participation, the complexity of your case (e.g. the type and number of unfairly or inaccurately reported credit information subject to substantiation), initial and subsequent positions taken by a particular Furnisher or Bureau regarding an affected credit report item, new information added to your credit profile during your Representation, changes to your initial credit goals, and other related factors. This contract continues from month to month. You are advised to review your case at least each month and determine whether you wish to continue COMPANY’s Representation or suspend or cancel it.

COMPANY reserves the right to withdraw from representing you if you breach this Contract or for any reason permitted under applicable professional rules of conduct. In the event COMPANY withdraws, you agree to pay COMPANY for the services rendered by COMPANY previous to the date of withdrawal.

COMPANY may have discussions with you regarding your case and in doing so may provide its opinion, in its judgment, regarding your options and possible outcomes, given the information you provide to COMPANY. Any expressions of opinion may not reflect an actual outcome.

V. CLIENT RESPONSIBILITIES AND COMMUNICATIONS

You agree to assist COMPANY in answering certain security questions regarding your identity and credit history as may be necessary to obtain your credit reports.

You agree to specify which credit report items COMPANY should challenge with Bureaus, as applicable, and the basis for such actions.

You will provide COMPANY with legible copies (not originals) of updated credit reports at least every ninety days, and promptly forward to COMPANY copies of all correspondence you receive from the Bureaus, Furnishers, or others as the result of COMPANY’s efforts on your behalf. You understand and acknowledge that failure to promptly forward correspondence and updated credit reports may delay or negatively impact your case.

You agree to send only copies of documents, not originals, for COMPANY to scan, store electronically, and shred.

You agree to promptly inform COMPANY if your contact or payment information changes by emailing your processor.

You agree to review your case each month and determine whether you wish to suspend or cancel the Representation.

Once Representation is canceled, you authorize COMPANY to destroy your file in accordance with COMPANY’s retention policy, excluding only those documents which are required to be retained. You may request copies of your file for up to six months.

You agree to use the Content for your own personal benefit, and not for commercial purposes.

You agree and acknowledge that COMPANY may communicate private and confidential information with you via unencrypted email at the address you provide. You agree to promptly inform COMPANY if your email address changes by calling your paralegal.

You agree that all information you provide COMPANY is true to the best of your knowledge.

You understand and acknowledge that you are not paying for, and that COMPANY does not make, any representation, warranty, promise or guarantee as to any particular outcome or result. You are paying only for COMPANY’s Representation on your behalf. The Bureaus or Furnishers may decide not to remove items from your consumer credit files despite COMPANY’s actions.

You acknowledge that you intentionally hired COMPANY, which is based in the state of New York, to represent you as described in this Contract.

You acknowledge that communications prepared by COMPANY may include your account number(s) and Social Security Number in order to reference your account.

You understand communications sent by COMPANY to Furnishers and Bureaus on your behalf will be sent in your name, and will not be identified as being sent by COMPANY. Copies of written communications will be provided to you upon request.

You agree to all other terms and conditions within this Contract.

VI. COMPANY WILL NOT DO ANY OF THE FOLLOWING:

COMPANY will not file your case in court or perform pre-litigation services on your behalf. COMPANY assists you in contacting Bureaus and Furnishers to address items on your credit reports, but COMPANY does not promise or provide any specific outcome with regard to your credit history or credit report. Multiple attempts to assist you in this effort may be necessary, and should you deem COMPANY’s actions to be unsuccessful, you may need to seek legal representation regarding a particular Furnisher or Bureau.

COMPANY will not dispute accurate information within your credit report.

VII. STAFFING

COMPANY may assign various attorneys and paralegals, clerical staff, or others to perform work on your case. You agree services in connection with your Representation may be performed by any attorney, or law firm that is associated with COMPANY, and any such attorney’s or law firm’s paralegals, clerical staff or other assistants. There is no additional charge to you for work performed by these individuals.

VIII. GENERAL

A. ARBITRATION. You agree to arbitrate all disputes and claims between you and COMPANY on an individual basis only and not as a part of any class. You agree that, by entering into this Contract, you are waiving all rights to: (a) a trial by jury; (b) participate in a class action law suit or class action arbitration; and (c) bring an action against COMPANY in a court of law. You may individually arbitrate any claim against COMPANY in any jurisdiction within the state of New York. COMPANY will reimburse you up to $300 of your arbitration filing fee. The rules of the American Arbitration Association shall govern the arbitration and can be viewed online at www.adr.org or by calling 1-800-778-7879.

B. SEVERABILITY. In the event that any provision or covenant of this Contract shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and this Contract and all of its remaining provisions shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. You understand and agree that your obligations under Sections III, V, and VIII, and any other provision which by its nature should survive termination, shall survive and remain enforceable after termination of this Contract for any reason without restriction or limit.

C. CONFLICTS IN TERMS. In the event of a conflict between any notice, policy, disclaimer or other term contained in the Websites or otherwise, the terms and conditions of this Contract shall control.

D. FORCE MAJEURE. COMPANY shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.

E. ENTIRE AGREEMENT. This Contract is the entire agreement between you and COMPANY and supersedes all other agreements, whether made orally or in writing.

IX. LIMITED POWER OF ATTORNEY

You agree that COMPANY may act as your non-exclusive agent and attorney in fact, on your behalf, for the limited purposes of:

(a) requesting and receiving your consumer credit disclosures and credit reports;

(b) disputing, challenging, or investigating with Bureaus as applicable, at your direction and within our professional judgment, inaccurate, unfairly reported, incomplete, or unsubstantiated information on such disclosures and reports;

(c) receiving results from such inquiries and communicating them to you;

(d) investigating and/or verifying information provided by Furnishers to Bureaus; and (e) signing letters on your behalf and in your name.

You authorize the Bureaus and Furnishers to provide such disclosures and reinvestigation results to COMPANY on your behalf, via electronic means. You further agree that you will not knowingly dispute accurate information on your credit report or disclosures.

X. SIGNATURE

I have received and had the opportunity to review the COMPANY Service Agreement and Limited Power of Attorney, which I understand is a binding contract, and agree to all its terms and conditions.

By providing your electronic signature, you engage COMPANY to work on your behalf and you agree to the following:

You acknowledge that you have received and agree to the terms of COMPANY’s E-SIGN Agreement, and that you have received and have had an opportunity to review a copy of the COMPANY federal and state disclosure statements and notices of cancellation.

You acknowledge that you have received and had the opportunity to review the COMPANY Service Agreement and Limited Power of Attorney, which you understand is a binding contract, and agree to all its terms and conditions.

You also certify that you are at least 18 years of age and have access to the Internet to receive COMPANY’s services and to view, print and retain all documentation. You may receive paper copies by calling 888-262-2123 at no charge. Though you may withdraw your consent to electronically transact business with COMPANY by calling, by doing so COMPANY will no longer be able to provide you services.

I acknowledge that I have received and agree to these terms.

Required Notice Under Federal Law: You may cancel this contract without penalty or obligation at any time before midnight of the 5th business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right

COMPANY provides you five days from the date of this Contract to cancel without penalty or obligation.

Consumer Credit File Rights under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ”credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.

You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file.

You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.

You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.

You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.

If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.

The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information, contact:

The Public Reference Branch Federal Trade Commission Washington, D.C. 20580

Diez Consulting Services
329 South Oyster Bay Road, #111
Plainview, NY 11803
Tel: (516) 744-7477
Fax: (516) 744-7480

NOTICE OF RIGHT TO CANCEL 

You may cancel this contract, without penalty or obligation, within Five (5) days after the date your enrollment payment is received.

If you cancel, any payment made by you under the contract will be returned within Five (5) business days after the date of receipt by the seller of your cancellation notice.

To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to Diez Consulting Services at above address, not later than midnight of the 5th day after your enrollment payment is received.

NOTICE OF RIGHT TO CANCEL 

You may cancel this contract, without penalty or obligation, within Five (5) days after the date your enrollment payment is received.

If you cancel, any payment made by you under the contract will be returned within Five (5) business days after the date of receipt by the seller of your cancellation notice.

To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to Diez Consulting Services at above address, not later than midnight of the 5th day after your enrollment payment is received.