Credit Repair Agreement

CLIENT TERM CREDIT REPAIR AGREEMENT

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CLIENT TERM CREDIT REPAIR AGREEMENT

This CLIENT TERM CREDIT REPAIR AGREEMENT ("Agreement") is made by and between Mercedes Enterprises INC ("Company") and you, as the Client. ("you", "Your", "Client"). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:



1. Definitions.
As used herein, the following terms shall have the meanings set forth below:
A. "Services" shall mean the following of Company's services to be performed by Company:
Mercedes Enterprises INC.
2. Terms and Conditions
Packages available: Individual Or Joint, "See Exhibit A"
A. The specific services, guarantees, payment terms, and total cost are set forth in the client disclosure statement incorporated herein for all purposes.
3. Conflict of Interest.
Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company's Products or services.
4. Indemnification.
A. Indemnification by Client. Client shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys' fees) arising out of negligence or irresponsible acts of Client.
B. Indemnification by Company. Company shall indemnify and hold Client free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys' fees) arising out of failure of Company to provide reasonable credit score increase within the allotted term.
5. Product Availability.
Under no circumstances shall Company be responsible to Client or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.
6. Affiliate Service Provider.
Mercedes Enterprises INC credit restoration service has the option to: fulfill the credit services through a credit services processor or affiliate to best serve you.
7. Term and Termination.
A. Term. This Agreement shall continue as outlined in "Exhibit A" unless terminated by company as provided herein. Thereafter, this Agreement shall continue until terminated by conditions provided within this agreement.
B. Termination for Cause. If either party default in the performance of any material obligation in this Agreement, then the non-defaulting party may give written notice to the defaulting party and if the default is not cured within thirty (30) days following such notice, the Agreement will be terminated.
8. Limitation on Liability.
In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, because of the termination for compensation or reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Company.
9. Confidentiality.
Client acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company's business plans, clients, technology, and products that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company. Company shall advise Client whether or not it considers any particular information or materials to be confidential.
10. Governing Law and Jurisdiction.
This Agreement shall be governed by and construed according to the laws of the State of New York.
11. Entire Agreement.
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.
12. Notices.
Any notices required or permitted by this Agreement shall be deemed given if sent by
Certified mail, postage prepaid, e-mail, fax, return receipt requested or by recognized overnight
delivery service. If to Company, at its principal place of business or if to Client, at the
aforementioned address.
13. Severability.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
14. Legal Expenses.
The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees.
15. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
16. Client Obligations & Agreement.
A. Client will provide a copy of his or her driver's license, social security card, and a recent Utility bill showing the correct address (phone bill, gas bill, electric bill, etc.).

B. Client agrees to assist Company in obtaining initial credit reports, with scores, from all three credit bureaus (Equifax, Experian and Trans Union) and understands that Company cannot proceed with credit bureaus until credit reports are received. Client also agrees to setup a credit monitoring account with a third party such as "CreditKeeper.com", at Client's own expense, for the purpose of monthly credit report updates and progress review.


C. Client agrees to maintain on time monthly payments of their current credit obligations (i.e. - car loan, utility bills, mortgage payments, credit cards, etc.). Failure to maintain those payments will result in severe damage to any progress or improvements gained during the service period and will forfeit any guarantees. Also the addition of any new negative item to the credit file shall void any and all guarantees.

D. Client agrees to contact credit support department on any questions regarding their credit INCLUDING credit inquiries or questions regarding applying for consumer credit.

E. If Client was referred to Mercedes Enterprises INC by a referral partner, Client hereby expressly consents to Mercedes Enterprises INC the sharing of data concerning the progress of the credit restoration process with the referral partner.

F. Client agrees to payment terms and conditions as chosen in Exhibit A, which is incorporated into this agreement.

G. Client also agrees to forward all mail received regarding their credit file to Mercedes Enterprises INC as soon as they receive correspondence from any of the three credit bureaus, Equifax (CSC Credit services for TX residents), Experian, and Trans Union.

H. Company guarantee shall be understood as the following: Mercedes Enterprises INC shall guarantee the satisfaction of all its clients. Any client unhappy with their results can request a refund according to the Mercedes Enterprises INC money back guarantee policy in section 16. K.

I. If the client fails to complete the payment schedule any and all refunds are forfeited. Guarantee shall be considered satisfied if client fails to request a refund within 60 days of contract completion.

J. Client understands this is a binding agreement and Failure to make the arranged monthly payments can result in negative activity to client's credit file.

K. Furthermore, client agrees to money back guarantee policy, which is based on the following formula: 1) each deleted item per credit bureau from clients credit file will be assessed a $50 value in which the amount of items deleted will be subtracted from the total paid to determine the refund portion 2) Example: if there are 4 items deleted from the credit file the total value will be $200, if the client has paid $500, then the client would be due a refund of $300. 3) Example: If there are 14 items deleted from the credit file the total value will be $700, if the client has already paid $600 then there would be no refund due since the value of the deleted items is more than what the clients have paid.

L. Upon completion of agreement clients who are eligible or ineligible for refund will be notified by terms set forth in section 12 of contract. Clients eligible for a full refund will be given option of renewing service for a term equal to the refund in lieu of refund, renewal option shall not exceed 1 term and is limited to one renewal option and upon completion of renewal terms contract will be considered satisfied by company and client in which no refunds will be issued.

M. Contract is month to month from the start date of the agreement based upon initial credit reports being received. Either party may cancel this at any time with 30 days notice, sent in written format. Notice shall not be considered received unless there has been confirmation of receipt by all parties.

N. 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.

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 this agreement, all payments made by you under this agreement will be returned within Five (5) business days after the date of receipt 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 Mercedes Enterprises INC at above address, not later than midnight of the 5th day after your enrollment payment is received.

I hereby cancel this transaction:

Date: _____________________________


By: ____________________      ____________________
       Client                                       Client


____________________     ____________________
Printed Name                         Printed Name







TO:
Mercedes Enterprises INC
626 RXR PLZ, FL 6
Uniondale, NY 11556-0626
PHONE: 800-991-0914 FAX: 888-787-2331 Email: Support@CreditMercedes.com



*ONLY SIGN AND RETURN IF YOU INTEND TO CANCEL SERVICE*



DISCLOSURE STATEMENT

Mercedes Enterprises INC will:

1. Mercedes Enterprises INC shall, upon initiation of agreement, provide prompt assistance to client in obtaining credit records for the client from all three credit-reporting agencies Equifax (CSC for Texas Residents), Experian, and Trans Union by mail.

2. Mercedes Enterprises INC shall also, within the course of 3 to 7 business days of receipt of agreement, set up clients with their online private client site which will allow them to check progress throughout their maintenance agreement. A username will be provided to the client to access their online private client site, and the client will be responsible for setting their own password and security questions.

3. Also within 10 business days of enrollment into Mercedes Enterprises INC credit restoration service the client shall be contacted by Mercedes Enterprises INC in order to go over processes during the term of service with Mercedes Enterprises INC credit restoration service.

4. Mercedes Enterprises INC shall also post credit education materials to the clients Private Client Site periodically for client review. Client will be notified by e-mail within 7 business days from initiation that their account information is ready for client review and comment.

5. Mercedes Enterprises INC shall assist client in determining the action to take with each account in regards to the client's credit file. Mercedes Enterprises INC is available to review each account on the clients personal credit file by calling the customer service numbers provided upon enrollment during normal business hours (MON-FRI 10 AM TO 5 PM EASTERN STANDARD TIME).

6. Mercedes Enterprises INC will provide credit educational material to the client via email or via the client portal.

7. Mercedes Enterprises INC shall prepare challenges for items appearing on the customer's credit reports, which the customer indicates are inaccurate, incomplete, obsolete, or unverified as per the Fair Credit Reporting Act. The company does not guarantee the outcome of disputes.

8. Mercedes Enterprises INC will submit transmittal of challenges, within 3 to 7 business days but not to exceed 10 business days, of receipt of credit information and executed disclosure and agreement from customer.

9. Each consecutive month of service Mercedes Enterprises INC shall prepare all follow-up challenges, as per the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Transactions Act and Fair Credit Billing Act and transmittal of the same.

10. Follow-up services will be fully performed by Mercedes Enterprises INC every 35 days not to exceed every 45 days.

11. Every month the client shall forward copies of all materials received by the 3 credit bureaus, Equifax (CSC Credit Services for TX residents), Experian, & Trans Union, by mailing or faxing copies to Mercedes Enterprises INC in a timely manner. Client also has the option to email or upload the received responses via the client portal. It is important to forward the materials received by the credit bureaus so the client's private client site can be updated expeditiously.

12. All items resolved will also be posted to the client's private site, which is accessed online by the username and password provided to client upon initiation. An invoice detailing those items will emailed and mailed as well.

13. Mercedes Enterprises INC shall also provide a client services staff for assistance in answering questions regarding client's accounts from Monday through Friday 10:00 AM To 5:00 PM EST.

14. Mercedes Enterprises INC agrees only to challenge items under the above acts and as legally available.

15. Company guarantee and refund policy shall be understood as the following: To any client that maintains 6 consecutive months of maintenance service, Mercedes Enterprises INC shall guarantee their satisfaction of service: i. Should client believe they have not received valuable service, in consideration of refund, all accounts will be evaluated on a per record itemization basis. ii. For every account repaired or removed from the credit file Mercedes Enterprises INC shall assess a $50 value per deleted item, per credit bureau. If, at the end of term, the value of repair/removals exceeds total price paid, then customer is due no refund. Should the value of repair/removals fall below the pricing paid, the client will be extended a length of service satisfactory to the credit due and remaining. iii. Failure to maintain consistent monthly payments and addition of at least 1 negative item to the credit file VOIDS any and all guarantees. If the client misses a payment, or has a payment returned for NSF or any other reason this will VOID any and all guarantees. Should any new negative information be added to the client's credit file during the term of the agreement this will VOID any and all guarantees.

16. If the client fails to complete the payment schedule any and all refunds are forfeited. The addition of any new negative information shall also void any and all money back guarantees. Guarantee shall be considered satisfied if client's credit is improved during 6 months of maintenance service.

17. Furthermore, upon completion of agreement and maintenance, company's money back guarantee policy is based on the following: 1) each deleted/improved item per credit bureau from client's credit file will be assessed a $50 value in which the amount of items deleted/improved will be subtracted from the total paid to determine the refund portion 2) Example: if there are 4 items deleted from the credit file the total value will be $200, if the client has paid $500 then the client would be due a refund of $300 3) Example: If there are 12 items deleted from the credit file the total value will be $600, if the client has already paid $500 then there would be no refund due since the value of the deleted items is more than what the clients have paid.

18. Upon completion of agreement, clients who are eligible or ineligible for refund will be notified by terms set forth in section 12 of contract. Clients eligible for a full refund will be given option of renewing service for 1 term in lieu of refund. Renewal option shall not exceed 1 term and is limited to one renewal option and upon completion of renewal term, contract will be considered satisfied by company and client, in which no refunds will be issued.

19. Mercedes Enterprises INC makes no other guarantees aside from the guarantees expressly written within this disclosure. No oral agreement or other agreement shall override this agreement unless received in writing from an authorized Mercedes Enterprises INC officer.

20. Attached Hereto, exhibit A, is the payment plan accepted by Client and incorporated herein for all purposes.

It is agreed that this Disclosure Statement has been reviewed prior to the execution of the Contractual Agreement between the parties.


EXHIBIT A

Attached hereto is exhibit A, which is incorporated herein and executed into this agreement

Mercedes Enterprises INC requires all clients to sign an "Acceptance of Service" acknowledgement. By signing this form you are agreeing to the terms and conditions of service set forth in this agreement and to the terms and conditions of payment. Failure to comply with the terms set forth in this agreement can result in immediate termination of our agreement and you will forfeit any monies paid. It is Mercedes Enterprises INC intention to service you for the term of service, however, should you cease payment under the terms of the agreement, we will stop service until payment can be rendered. Mercedes Enterprises INC, also reserves the right to collect any monies not yet paid under the terms of our agreement. You also agree that any remaining payments will be applied in accordance with our agreement, regardless of your default.

Complete Maintenance Program - Individual:

$199.99 Initial Consultation Fee: To be charged at the end of the initial consultation cession and detailed credit file audit. You will be charged this fee after the company has performed a detailed audit of your credit file. This fee covers the audit of 3 credit reports for one individual.

$49.99 Monthly Maintenance Service Fee: To be charged on the 30th day after sign up. This fee is for the performance and maintenance of your file including but not limited to all communication and follow up correspondence sent to the credit bureaus on your behalf. This fee covers the file maintenance of one individual.

$50.00 Per Trade or Account Deleted or Improved/ per Credit Bureau: For any item that result on being deleted or improved on your credit file during the time of service, there will be a charge of $50 per item per credit bureau to be invoiced and payment is due upon receipt of the invoice.

Complete Maintenance Program - Joint:

$299.99 Initial Consultation Fee: To be charged at the end of the initial consultation cession and detailed credit file audit. You will be charged this fee after the company has performed a detailed audit of your credit file. This fee covers the audit of 3 credit reports for two individuals.

$79.99 Monthly Maintenance Service Fee: To be charged on the 30th day after sign up. This fee is for the performance and maintenance of your file including but not limited to all communication and follow up correspondence sent to the credit bureaus on your behalf. This fee covers the file maintenance for two individuals.

$25.00 Per Trade or Account Deleted or Improved/ per Credit Bureau: For any item which results on being deleted or improved on your credit file during the time of service, there will be a charge of $25 per item per credit bureau/per individual to be invoiced and payment is due upon receipt of the invoice.

BILLING AND PAYMENT

Billing and Payment: The Client will be charged for the Initial Consultation Fee on the day of enrollment after a consultation has been provided. The Client will be charged for each Monthly Consulting Fee every 30 days from the day of enrollment. The relevant fees will automatically be charged to the Client on the Billing Date according to the method of payment selected by the Client. Mercedes Enterprises INC requires at least three- (3) business days notice prior to the Client's Billing Date in order to change the Client's billing information or method of payment

This authorization is to remain in full force and effect for this transaction only, or until such time that the Client's indebtedness to Mercedes Enterprises INC for the amount listed above is fully satisfied. The specific debit to the Client's account authorized herein may only post on or after the EFFECTIVE DATE listed above, and in no event may the debit transaction post to the Client's account prior to said date. Client may only revoke this authorization by contacting Mercedes Enterprises INC directly at the address and phone number listed above, and only in the case that Client returns the good, products and/or services provided to Client by Mercedes Enterprises INC pursuant to their particular return policy in effect the date this authorization is granted.

Credit Card Authorization

Client agrees with all terms and conditions of the sale/order, as specified in the Service Agreement, which Client has made over the phone, by fax, or via the Internet. Client also authorizes Mercedes Enterprises INC to charge the Recurring Service Fee ($49.99-individual) or ($79.99-Joint) to the credit card provided, as well as any additional usage fees applicable, for the service subscription authorization period of 6 months from this date. Mercedes Enterprises INC is also authorized to charge this card in the future for any additional services, or service upgrades, that Client requests on their account, during the service subscription authorization period. Client understands that if the account is cancelled, Mercedes Enterprises INC will cease charging this credit card, and cancel all recurring billing. Client understands that information provided will be used for purposes of verification with the credit card issuer/processors to prevent fraudulent usage. This procedure is executed within strict rules established in United States Code, Title 18, Part I, Chapter 63.?Please note: If your credit card expiration date changes, and/or if you are issued new credit card numbers, and/or if you wish to utilize a different credit, and/or upon expiration of the service subscription authorization period authorized by this form, you will need to complete and provide to Mercedes Enterprises INC a new/revised Credit Card Authorization Form.


EXHIBIT B

SEC. 405. DISCLOSURES
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, 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 re-investigate 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

(a) In General. -- Any consumer may cancel any contract with any credit repair organization without penalty or obligation by notifying the credit repair organization of the consumer's intention to do so at any time before midnight of the 3rd business day which begins after the date on which the contract or agreement between the consumer and the credit repair organization is executed or would, but for this subsection, become enforceable against the parties.

(b) Separate Statement Requirement. The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.

(c) Retention of Compliance Records. (1) In general. The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. (2) Maintenance for 2 years. The copy of any consumer's statement shall be maintained in the organization's files for 2 years after the date on which the statement is signed by the consumer.


EXHIBIT C

Attached hereto is exhibit B which is incorporated herein and executed into this agreement

Initial Consultation Fee & Monthly Recurring Maintenance Fee

As stated in the agreement, a specified initial consultation fee is charged on all new contracts after consultation is provided. All services have associated charges and costs. Costs of said services are only charged and considered earned after the services have been completed. At no time will Mercedes Enterprises INC charge any fees for work that has not already been completed.

The following items are part of but not considered to be a complete list of the items included as part of the initial consultation fee:

1. Analysis and review of client credit report(s)

2. Create a secure online environment as part of the client web portal for secure document sharing and transfer

3. Assist client in obtaining copy of credit report if needed

4. Create a unique, secure interactive client web portal for online access

5. Enter Data from clients credit report into internal database

6. Enter Data from Clients credit report into secure interactive client web portal

7. Analysis and review of client fiscal literacy and budget needs

8. Provide client with "Budget Planning Tools" including:

i. Budget workbook

ii. Family finance planner

iii.Budget tools

iv. Budget calculators

v. Loan repayment calculators

vi. Compounding savings calculators

9. Enter clients information into secure web portal for tracking purposes

10. Perform opt-out to reduce junk mail

11. Add all telephone numbers to "Do Not Call" list

12. Standard setup Procedure includes:

13. Processing Request for "Do not Call" list for client

14. Processing Request to eliminate erroneous and outdated technical Data on credit reports; including but not limited to:

Addresses, Date of Births, Social Security Numbers, First Names, Last Names, Employment Data etc.

15. Processing Request to Opt Out from prescreened offers

16. Processing of Company Specific Documents and/or files



The Following items are examples of the actions, and or products that define our monthly maintenance services, Our Monthly fees are only collected upon completion of one or more items as indicated below which would define our "Services"

1. Analysis and review of client file status

2. Update client secure interactive web portal with most recent updates and or notes

3. Receiving and processing Manual Updates

4. Respond to, Receive and or initiating correspondence via telephone

5. Respond to, Receive and or initiating correspondence via e-mail

6. Respond to, Receive and or initiating correspondence via Fascimile

7. Respond to, Receive and or initiating correspondence via Physical Mail ie: USPS, FEDEX, UPS etc

8. Review clients credit report updates to determine next step

9. Create strategic plan to assist clients in meeting their goals

10. Create Dispute letters

11. Assist with Budget questions

12. Assist with credit questions

13. Provide ongoing credit education

14. Provide ongoing budget advice and counseling



I have given accurate information above and I give authorized representatives consent to review and obtain or assist to obtaining my personal credit report from any available means Equifax, Trans Union, and Experian, or any third party provider for the purpose of assessing, analyzing and or assisting in the restoration, advising and or repair of my credit. I understand results cannot be guaranteed. I certify Mercedes Enterprises INC, its representatives or affiliates have not guaranteed results of my credit file.


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By Submitting this agreement you indicate that you understand the terms and conditions stated in this document.






After Completing and submitting this form you will be taken to the Credit Repair Order Form to enter your payment information.

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