Help Us Help You: 4 of 4
To begin the process, we'll need to collect some information. You may not have answers to everything here, but the more you can give us, the better equipped we'll be to collect your debt.
- Info About You
- Info About Your Debt
- Your Preferences
- Terms & Conditions
Please review the following agreement and electronically sign below.
This agreement is made and entered into as of this day of by and between Freelance Collection LLC, hereinafter called Freelance Collection, and you, hereinafter called Client.
The Client has delinquent accounts which it desires collected. The Client empowers Freelance Collection to place the Client's delinquent accounts with an agency or agencies of Freelance Collection's choosing, hereinafter called Agency. Agency desires to have Client place with Agency delinquent accounts for collection.
THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
1. Agency agrees to accept upon terms, conditions and provisions herein set forth, any delinquent accounts Client and/or Freelance Collection refers for collection and shall promptly undertake the collection of such accounts.
2. COMPLIANCE AND ETHICS: Agency, to the best of its ability, shall comply with the code of ethics adopted by the AMERICAN COLLECTORS ASSOCIATION and the COMMERCIAL LAW LEAGUE of AMERICA; with the Fair Debt Collection Practices Act; with the guidelines provided by the Federal Trade Commission; and with any relevant state collection laws.
3. REFERRAL OF ACCOUNTS: Client is under no obligation to refer accounts to Agency for collection. Agency shall promptly acknowledge receipt of Client's accounts and Agency or Freelance Collection shall forward a mid-month inventory status report to Client.
4. COLLECTION RATES: The following rate is agreed upon and is guaranteed to remain unchanged for no less than XX following the execution of this Agreement: Agency fee shall be XX percent commission on primary work.
Such commission shall be based upon all monies collected against principal, interest, and/or collection fees (the Referred Amount). This commission rate is applicable to all accounts, regardless of size of account, age of account, required skip tracing or whether the account has been forwarded from an entity other than the Client.
5. REMITTING COLLECTIONS: Agency shall remit monthly to Client, the net amount of all collections made on Client's accounts during the preceding month.
6. DIRECT PAYMENTS: Client will notify Agency on a timely basis (no later than monthly) of all direct payments it receives. Whenever possible, Client should transmit said payments to Agency in form received, together with any accompanying correspondence. Agency will include commission owing on direct payments on collection statements.
7. COMPROMISE SETTLEMENTS: Agency shall not accept any compromise settlement without Clients prior approval unless agreed upon in advance.
8. CANCELLATION OF ACCOUNTS: Agency reserves the right to maintain Clients accounts for no less than twelve (12) months from the date of last collection activity. As a practical matter, Agency may, from time to time, effect a cancellation and return prior to the sixth (6th) month.
9. RECORD INSPECTION: Agency shall maintain for all accounts, ledger records which reflect the original balance, additional charges, collections, commissions, court costs and attorney's fees. Client shall have the right to inspect such records.
10. LEGAL ACTION: Should Client desire Agency to select an Attorney to proceed with legal action on any account, Agency shall select an Attorney and forward such account to that Attorney. Client agrees to reimburse Agency for any court costs it has expended.
11. TERM OF AGREEMENT: This Agreement shall be effective as of the date set forth above and may be terminated at any time by either party upon written notice to the other. In the event of a termination, Agency shall return all accounts to Client except those accounts where there has been payment activity within the past six (6) months or where the Agency has referred the account to an Attorney for legal action.
12. INDEMNIFICATIONS AND RELATIONSHIP OF PARTIES: The parties agree that each will assume its own proper responsibility in connection with any claims made by a third party against Client and/or Agency. If the intentional misconduct or negligent acts of the agents, servants, or the employees of the Agency are the basis of any claim/claims brought against Client, Agency will indemnify and hold harmless Client from and against any and all liabilities, damages, claims, suits, judgments, costs and expenses (including reasonable attorney=s fees and court costs). If the intentional misconduct or negligent acts of the agents, servants or employees of Client are the basis of any claim/claims brought against Agency, Client will indemnify and hold harmless Agency from and against any and all liabilities, damages, claims, suits, judgments, costs and expenses (including reasonable attorneys fees and court costs).
13. NOTICES: Any notice, consent or acknowledgment provided for or permitted to be given under this Agreement shall be in writing to the address designated below:
A. Client's address, as entered by Client on Freelance Collection's website
B. [Freelance Collection's address]
14. GENERAL: The following provisions shall govern the interpretation, application, construction, and enforcement of this Agreement:
A. Counterparts. This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original hereof.
B. Waiver. Failure of any party to exercise any right or option arising out of breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach.
C. Integration Clause; Modification.
This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and all agreements, whether written or oral, entered into prior hereto with respect to the subject matter hereof are revoked and superseded by this Agreement, and no representations, warranties, inducements, or oral agreements have been made by either of the parties except as expressly set forth herein, or in any other contemporaneous written agreements. This Agreement may not be changed, modified, or rescinded except in writing, signed by both parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
D. Captions. Captions and paragraph headings used herein are for convenience only and are not a part of this Agreement and shall not be deemed to limit or alter any provisions hereof and shall not be deemed relevant in construing this Agreement.
E. Governing Law. This Agreement shall be deemed to be made under and shall be construed in accordance with the XXXXX. The parties agree that any dispute arising between them under this agreement or otherwise, will be subject to the jurisdiction of the state or federal courts in XXXXX.
IN WITNESS WHEREOF the parties have executed this agreement on the date above written.