Credit Expansion Service Agreement: Empower Consulting Group, LLC
Service Agreement – Empower Consulting Group, LLC
Service Agreement
This Service Agreement (“Agreement”) is made in the State of Florida by EMPOWER CONSULTING GROUP, LLC with a mailing address of 420 East Church Street Unit 564, Orlando, Florida, 32801 (hereinafter referred to as “Service Provider”), and: , (hereinafter referred to as “Client”).
RECITALS
Client desires to engage Service Provider to provide credit consultation and loan application services, and Service Provider desires to associate with Client under the terms set forth herein. The parties desire to express their mutual agreements, covenants, promises, and understandings in a written agreement.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual agreements, covenants, and provisions contained in this Agreement, the parties agree and declare as follows:
A. Scope of Work.
Client engages Service Provider and Service Provider accepts engagement with Client to provide comprehensive credit consultation and loan application services for and on behalf of Client as set forth in this Agreement and in the Schedules and Exhibits attached hereto.
B. Service Provider’s Reporting Duties.
Service Provider will accurately maintain and preserve all records, and make such reports that may reasonably be required in Service Provider’s discretion. Service Provider will upon request fully and accurately disclose to Client all matters pertaining to the credit status of Client, including all reports, correspondence and other information, that may come into Service Provider’s possession or attention.
C. Client’s Disclosures and Reporting Duties.
Client will fully and accurately disclose and provide to Service Provider on a timely basis all information pertaining to the past, present and future credit status of Client, including all applications, checklists, reports, correspondence, approvals, rejections, and other relevant information, that may come into Service Provider’s possession or attention or that may be requested by Service Provider. Client expressly agrees to notify Service Provider within 3 days (3) days of receipt of any loan proceeds or notice of approval of any credit line or line of credit.
D. Standards of Performance.
Service Provider will perform all duties in a diligent, professional and ethical manner, and in full compliance with all applicable laws, rules and regulations.
Initials Client: Service Provider:
DocuSign Envelope ID: A3D66EAF-39BC-4DB0-958B-0D4400349259
E. Compensation.
Funding Performance (15% Backend)
Client will pay to Service Provider, and Service Provider will accept as full and complete payment for Service Provider’s services, a fee of $15% of total funds secured. For example, if the service Provider secured 150,000 for the Client then the Client will be charged $22,500$. The assistance of Service Provider shall be conclusively presumed if Service Provider has helped the client in submitting an application for any loan or credit line. Service Provider’s compensation shall be deemed earned immediately, and payable in full within (3) days, (i) in the case of loans, upon receipt by Client of loan proceeds, and (ii) in the case of credit cards, upon availability to Client of funds from approved credit cards.
In the case that your credit file does NOT qualify and you sign up for Credit Repair with Soulcheck Solutions, LLC.
Under this agreement, you shall go through the funding process with Empower Consulting Group, LLC IMMEDIATELY after credit repair is completed. No applications shall be made post repair, and or, during the repair process. In the event that this clause is broken, the contract is terminated and Client will pay the penalty amount under Section G, Termination by Client.
F. Term of Engagement.
Service Provider’s engagement under this Agreement will commence on the execution of this Agreement and will continue until payment by the Client to the Service Provider is fulfilled in full in accordance with the procedures set forth in this Agreement.
G. Termination by Client.
Service Provider’s engagement under this Agreement may be terminated by Client at any time upon fifteen (15) days written notice to Service Provider. If the Client chooses to terminate the agreement before the primary funding consultation has been delivered then a $2500 penalty will be due to the Service Provider immediately.
H. Termination by Service Provider.
Service Provider’s engagement under this Agreement may be terminated by Service Provider immediately upon the occurrence of any one of the following events: Upon any material breach of Client’s obligations under this Agreement; or 2. At any time upon fifteen (15) days written notice to Client.
Initials Client: Service Provider:
DocuSign Envelope ID: A3D66EAF-39BC-4DB0-958B-0D4400349259
I. Rights and Obligations in the Event of Termination.
Following any termination of this Agreement, each of the parties shall provide to the other such notices from third parties either may receive relating to any loan or credit applications submitted prior to termination. Compensation earned and payable pursuant to Section E of this Agreement shall not be affected by any termination of this Agreement. The provisions of this Section will survive the termination of this Agreement.
J. Authority.
Service Provider is hereby granted such authority to transmit data and submit applications on behalf of Client as is reasonably necessary in the performance of Service Provider’s duties in the ordinary course of business pursuant to this Agreement. In most cases applications will originate from the Client but in rare cases the Service Provider may need to submit applications for the client if and only if the Service Provider has received approval from the Client to do so.
K. Banking.
Service Provider shall have no authority or responsibilities with respect to Client’s banking or financial or tax affairs. However, Service Provider shall at all times have reasonable and current access to all the banking, tax, business and financial data as may reasonably be required to render the services contemplated by this Agreement.
L. Confidential Information.
Service Provider acknowledges that Service Provider may be entrusted with confidential financial information belonging to Client during Service Provider’s engagement (“Confidential Information”). Service Provider further acknowledges that Service Provider has been instructed by Client to, and agrees that Service Provider will, maintain and use Client’s Confidential Information in a confidential manner. Service Provider further agrees at all times during the term of this Agreement and thereafter not to use such Confidential Information except for the benefit of Client or to disclose such to any person, firm or corporation without written authorization of Client or order of court or other governmental authority.
M. Relationship of the Parties and Liabilities
The relationship of the parties shall at all times be that of principal and independent contractor, for federal tax purposes and otherwise. Neither party shall, for any purpose whatsoever, hold itself out to be an employee, partner or joint venturer of the other.
N. Assignment.
Neither party will, without the prior written consent of the other, assign or transfer this Agreement or any rights or obligations hereunder.
O. Notice.
All notices, demands or requests which are required or permitted to be given pursuant to this Agreement must be in writing.
P. Counterparts.
This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
Initials Client: Service Provider:
DocuSign Envelope ID: A3D66EAF-39BC-4DB0-958B-0D4400349259
Q. Headings.
The descriptive headings of the sections and subsections of this Agreement are intended for convenience only, and do not constitute parts of this Agreement.
R. Attorneys’ Fees.
In case of any action or proceeding to compel compliance with, or for a breach of, any of the terms and conditions of this Agreement, the prevailing party will be entitled to recover from the non-prevailing party all costs of such action or proceeding, including without limitation reasonable attorneys’ fees, accountants’ fees, costs, and disbursements.
S. Entire Agreement.
This Agreement constitutes the parties’ entire agreement with respect to the subject matter hereof. There are no restrictions, promises, representations, warranties, covenants, or understandings other than those expressly set forth herein. This Agreement supersedes all prior agreements or understandings between the parties with respect to the subject matter hereof, and may not be modified or amended in any manner other than as set forth herein.
T. Severability.
If any provision in this Agreement is determined to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, the parties desire and agree that the remaining provisions of the Agreement will nevertheless continue to be valid and enforceable.
U. Survival.
It is the express intention and agreement of the parties that all covenants, agreements, statements, representations, warranties, and indemnities made in this Agreement will survive the execution and delivery of this Agreement.
V. Amendment, Modification, or Waiver of Agreement.
No amendment, modification, or waiver of this Agreement will be valid unless the amendment, modification, or waiver is in writing and signed by Service Provider and by Client. The failure of any party at any time to insist upon the strict performance of any provision of this Agreement will not be construed as a waiver of the right to insist upon the strict performance of the same provision at any future time.
Initials Client: Service Provider:
DocuSign Envelope ID: A3D66EAF-39BC-4DB0-958B-0D4400349259
W. Time is of the Essence.
Time is of the essence in this Agreement.
X. Limitation on Actions, Venue, and Choice of Law.
The parties expressly agree that no action, suit, or proceeding at law or in equity shall be brought under this contract unless it is commenced and service of process is completed within two years after the accrual of the cause of action for which suit is brought.
The parties agree and consent that any action brought on this contract may be filed in any appropriate federal or state court in the State of Florida.
Y. Client Communication.
The Service Provider has the right to charge damages if the client is not communicating with the Service Provider in a timely manner. If a response is needed from the Client that directly involves the successful servicing of the Client and this response is not received due to lack of communication in the form of repeated missed calls, texts and emails the Service Provider has the right to charge $500 per day after 7 days that the client fails to return a call, email, or text message regarding obtaining funding. Due to limited consulting spots every month and because the Service Provider takes no payment upfront this clause is put in place to prevent Clients from wasting time, exploiting the Service Provider’s resources and thereby denying other qualified candidates the opportunity to enter into a profitable relationship with the Service Provider. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida.
Z. Exclusive Funding Relationship
The Client shall not enter into any agreement with any other company that helps them acquire capital during the time the Service Provider is delivering funding consultation services if not explicitly mentioned to and allowed by the Service Provider.
The Service Provider’s consultation is subject to the following conditions, which must be satisfied in order to enable The Service Provider to perform the requested services properly.
The Client will not (A) apply for any new credit (installment loans, credit cards, mortgages, lines of credit, or other forms of business or personal leverage) that results in the addition of a hard inquiry on any credit report relating to the Client and maintained by any of the three major credit bureaus or (B) modify existing credit accounts during the term of this Agreement, without Our prior written consent. The Client understands that improvement of his/her credit and maintenance of any improvements is entirely up to his/her future actions relating to his/her credit and debt situation.
If the Client does apply for new credit that results in a hard inquiry and is not explicitly mentioned to and cleared by the Service Provider the Client will be charged an additional $2,500 one time fee to compensate for the Service Provider’s labor up to that point. This fee is on top of the 15% funding amount secured that the Service Provider charges already.
Initials Client:
Service Provider:
DocuSign Envelope ID: A3D66EAF-39BC-4DB0-958B-0D4400349259
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated at their respective signatures below.
EMPOWER CONSULTING GROUP, LLC
By: Eyad Abbas
Title: Founder & CEO
Date:
Signature:
CLIENT
By:
Title:
Date:
Signature:
[Please read]
The below experian information MUST be accurate. If you don’t know your Experian.com login, password, four digit pin and security question & answer one of our underwriters will walk you through finding this information and properly recording it here. If this information is not filled out accurately – believe us when we say your funding will take longer than what you anticipated. We do not want to waste your time or ours bugging every day to send our team the proper details.
