TERMS AND CONDITIONS
Thank you for engaging CONSTRUCTION CREDIT & FINANCE GROUP, LLC, a Florida limited liability company (“CCFG”). In order to provide you the highest quality services, it is important to clarify our mutual expectations. Your signature below, by your duly authorized officer or representative, constitutes your acceptance of the Terms and Conditions of the engagement (this “Agreement”) by the undersigned (“Client”) for the collection of delinquent accounts by CCFG; whether by CCFG’s in house collection specialists, its network of attorneys, or by CCFG’s affiliate debt collection partners (“Affiliate Providers”) on behalf of Client.
1. Client hereby retains the services of CCFG and its Affiliate Providers for the purpose of providing debt collection services. Client authorizes CCFG to refer any/all of their Accounts to its Affiliate Providers at their discretion, and CCFG agrees that such any referral(s) of Client’s Accounts to its Affiliate Providers will not affect agreed upon fee rates. CCFG further agrees that in the event any referral of Account(s) would require an increase to the agreed upon fee rate that CCFG would not refer any such Account(s) to its Affiliate Providers prior to receiving Client’s written approval of such. In the interest and spirit of maintaining the highest level of ethical and professional standards, all parties agree to conduct themselves in accordance with the terms stated in this Agreement
2. Client represents and warrants to CCFG the validity, amount and authenticity of all outstanding accounts, debts, obligations or claims (collectively, the “Accounts”) placed with CCFG for collection. Client attests that they have no knowledge of, or has received no notification of any bankruptcy proceedings, whether on behalf of the business associated with the Account(s) placed or its principals. Client understands that placing an Account for collection efforts where the business associated or its principals are in any stage of the bankruptcy process, or placing any Account that has been discharged in the bankruptcy process, is prohibited and could result in violation of bankruptcy laws, including but not limited to the Bankruptcy Discharge Injunction. Client further agrees to hold CCFG harmless and assume all liability for any such violations, and any claims that could arise from such violations. Upon request, Client agrees to forward documentation to CCFG to prove the validity, amount and authenticity of the Accounts when requested by CCFG. Additionally, Client represents and warrants to CCFG that Client has the full power and authority and the legal right to enter into this Agreement and engage CCFG for the collection of the Account, and that this Agreement has been duly executed and delivered on behalf of Client and is a legal, valid and binding obligation of Client, enforceable against Client in accordance with its terms.
3. CCFG, and its Affiliate Providers, are to act as deemed appropriate in the collection of the Accounts and are authorized to accept partial payments on behalf of the Client. Furthermore, CCFG, and its Affiliate Providers, shall have the right to endorse for deposit and collection any checks payable to Client. The compromise or settlement of any claim(s) will not be made without the consent of Client.
4. Client agrees to cease all communication with the debtor(s) regarding the Accounts. Client agrees that the Accounts are not to be handled by any other institution, collection agent, or representative. Client agrees to inform CCFG immediately as to the nature and content of all contacts that debtors make or attempt to make directly with Client. If Client receives direct contact from a debtor, Client agrees to refer the debtor to CCFG for all communications regarding the Account. Accounts that are compromised by Client and/or settled directly with the debtor are subject to CCFG’s fees pursuant to Section 5 of this Agreement. Also, any claims on Accounts paid directly by a debtor to Client shall be subject to CCFG’s fees pursuant to Section 5 of this Agreement.
5. All Accounts placed with CCFG by Client regardless of the amount of such delinquent Account shall be billed by CCFG to Client, and Client agrees to pay CCFG, at the following rates (if an Account falls into multiple rate categories, the highest rate shall apply):
20% of the amount collected on accounts that are 0-89 days delinquent
25% of the amount collected on accounts that are 90-365 days delinquent
33.33% of the amount collected on accounts that are over (1) year in age
50% of any Account placed that has a principle value less than $500.00
40% of the amount collected on any Account that is forwarded to an outside attorney
40% for any amount collected against a consumer/residential customer
50% on the amount collected that are second placements, judgments or international claims
6. Client may withdraw an Account for any reason and at any time, including without limitation, if Client states that the Account was placed in error or if Client discovers that the balance has been paid; provided, however, that in the event Client provides written notification that it is withdrawing an Account from CCFG (the “Withdrawal Notification”), Client agrees to pay CCFG the fee set forth in Section 5, which shall be calculated based on the percentage (set forth in Section 5) of the outstanding debt of the Account as stated when the Account was initially placed with CCFG. Notwithstanding the preceding sentence, if Client delivers the Withdrawal Notice within seventy-two hours of the time when the Account is initially placed with CCFG, then CCFG shall discount the fee payable by Client to CCFG by fifty percent. Client shall pay the fee to CCFG within five (5) days after CCFG delivers its invoice to Client. Once legal proceedings have been initiated, Client shall also be responsible for paying all fees, court costs, and due diligence expenses associated with such legal proceedings even if Client provides a Withdrawal Notification.
7. By placing your Accounts with CCFG, Client authorizes CCFG, and its Affiliate Providers to act as its agent and to proceed to collect the Accounts according to CCFG’s established policies and procedures. In the event it becomes necessary to forward Client’s Accounts to an attorney for legal action, Client directs and authorizes CCFG, as its agent, and as a convenience to Client, to assign the Accounts to an attorney as designated by CCFG. Both CCFG and the attorneys designated by CCFG that represent Client, are hereby authorized to accept payments and endorse checks, notes, money orders, drafts or any other form of currency for deposit. CCFG must receive authorization from the Client prior to filing a lawsuit or settling an account.
8. Client acknowledges and agrees that this Agreement not only applies to the Accounts placed with CCFG as of the date hereof, but this Agreement shall apply to any and all future Accounts placed with CCFG unless otherwise agreed to in writing and signed by a duly authorized officer or representative of both parties. This Agreement, including any exhibits or schedules attached hereto, is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. No course of prior dealings between the parties and no usage of trade shall in any way explain or vary any of the terms of this Agreement. No modification, amendment, waiver, termination or discharge of any of the terms or provisions hereof shall be binding upon either party unless in writing and signed by a duly authorized officer or representative of both parties. Waiver of the breach of any term hereof shall not be deemed to be a waiver of the same or of any liability for any subsequent breach.
9. This Agreement and all matters related to it shall be governed in accordance with the law of the State of Florida without regard to its conflict of laws principles. If it is ever necessary for either party to file a lawsuit against the other, each of the parties hereby consents and agrees that all actions arising out of or relating to this Agreement shall be heard and determined exclusively in any federal court sitting in Pinellas County, Florida (or if no such federal court has jurisdiction, any state court sitting in Manatee County, Florida), and any appellate court therefrom, and that such courts shall have personal jurisdiction for purposes of any such suit, and each party further consents to personal service of process being effected by registered or certified mail. The prevailing party in any legal action between the parties shall be entitled to receive from the non-prevailing party all of its all costs and reasonable attorneys’ fees incurred, including, but not limited to, fees incurred in both trial and appellate courts. To the fullest extent permitted by applicable law, each of the parties hereby waives the right to trial by jury in any action, suit, counterclaim or proceeding arising out of or related to this Agreement.
10. Client hereby indemnifies and agrees to hold harmless CCFG, and its officers, directors, employees, agents and its Affiliate Providers (collectively the “Indemnitees”) from all costs, claims, losses, damages, fees, expenses or liabilities, including reasonable attorney’s fees (collectively, “Losses”), resulting from or related to Client’s violation of this Agreement, and any Losses from third party claims or actions related to or resulting from the Accounts, the actions or omissions of Client, and the operation of Client’s business. Representative expressly agrees that its obligation to indemnify and hold harmless Indemnitees shall survive any termination or expiration of this Agreement.
11. IN NO EVENT SHALL CCFG AND ITS AFFILIATE PROVIDERS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY COLLECTION EFFORTS MADE WITH RESPECT TO THE ACCOUNTS OR ANY BREACH OF THIS AGREEMENT BY CCFG, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT CCFG WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL CCFG’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED FIFTY PERCENT OF THE AMOUNT OF THE COLLECTION FEE PAID TO CCFG BY CLIENT UNDER THIS AGREEMENT WITH RESPECT TO THE ACCOUNT THAT IS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF CLIENT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.