Terms and Conditions
AMERICAN CREDIT BUREAU, INC.
AGREEMENT FOR SERVICES
For Phase I Membership
1. American Credit Bureau, Inc., a Florida Corporation, doing business at 1200
North Federal Highway, Suite 200, Boca Raton, FL 33432 (“ACB”), and
MEMBER, as indicated on the online or paper Membership application, hereby
enter into this Agreement for Services / For Phase I Membership (“Agreement”)
on the date of MEMBER’s electronic or physical signature and authorization
(“Effective Date”). In the event MEMBER’s application for Phase I Membership is
not accepted by ACB, then ACB shall refund any and all fees paid by MEMBER
to ACB as a result of MEMBER’s application under this Agreement.
2. MEMBER consents and agrees to ACB’s published fee schedule which is
included in the online or paper Membership application completed, agreed to,
and signed by MEMBER. Said fee schedule is hereby incorporated herein by this
3. MEMBER agrees to pay ACB a monthly Membership fee, as agreed to by
MEMBER in the online or paper Membership application, and as set forth in
ACB’s fee schedule, on the twenty-ninth (29th) day of each calendar month
during the term of this Agreement (except for the month of February, which shall
be paid on the twenty-seventh (27th) day of the month of February). Such
payment shall be an advance payment for the next month’s monthly charges.
Any additional charges or charges for overages in service, as defined in ACB’s
fee schedule, shall be due on or before the fifth (5th) day of the month following
the month in which the additional charge was incurred. All charges shall be paid
through an automatic charge to the MEMBER’s credit card or an automatic debit
to the MEMBER’s checking account or check card.
4. MEMBER may cancel his or her Membership for any reason within the first sixty
(60) days (“Trial Period”) by sending written notice via certified mail on your company’s
letterhead prior to the expiration of the Trial Period. ACB then will refund MEMBER 100
percent (100%) of all monthly Membership charges paid.
5. After the Trial Period, MEMBER may only cancel this Agreement, by sending written
notice, via certified mail on your company’s letterhead, within forty-five (45) days prior
to the MEMBER’s anniversary date. The MEMBER’s anniversary date shall be the date
that is one (1) year after the original date of execution of this Agreement. This Agreement
shall automatically renew each year if no cancellation letter is received from MEMBER.
If MEMBER cancels this Agreement before its anniversary date, MEMBER shall be
responsible to pay for any outstanding usage fees and all unpaid future monthly Membership
fees that would be due until the next anniversary date.
Upon cancellation of this Agreement, items reported to the credit bureau(s) shall immediately
be deleted from credit bureau(s), closed and returned to the MEMBER. ACB may cancel this
Agreement at any time for any reason, with or without cause, by providing written notice,
in any form, to MEMBER.
6. MEMBER acknowledges that if a letter from ACB to a debtor is returned as
undeliverable, ACB will automatically conduct an address search at the rate
agreed to by MEMBER and a replacement letter shall be re-mailed at a rate of
$2.00 per letter (re-mailing only occurs if a new address is found).
7. MEMBER warrants that all debts submitted to ACB for collection services are
legally owed by the debtor to MEMBER and that the amount owed by the debtor
8. MEMBER shall immediately advise ACB of any and all transactions or
adjustments that reduce a MEMBER debtor’s balance. This includes but is not
limited to debtor payments balance adjustments, credits or write-offs. MEMBER
shall also immediately advise ACB of any attorney correspondence or legal
notifications received by MEMBER regarding the debtor, including but not limited
to any attorney correspondence, demand letter, notice of any legal proceeding,
lawsuit filed, or debtor petition for bankruptcy.
9. MEMBER shall provide ACB within fourteen (14) days all required and
necessary documentation to verify and validate a disputed debt or claim. If
MEMBER cannot verify and validate the debt within fourteen (14) days, all
entries shall be deleted from the debtor’s credit files and all collections on that
debt shall be terminated.
10. MEMBER agrees to indemnify, defend, and hold ACB harmless from and
against all claims, suits, demands, charges, losses, damages, costs, injuries,
fines and penalties, including, but not limited to, incidental, consequential,
special, or punitive damages or losses and any attorneys’ fees and costs which
ACB may suffer, sustain, incur or become subject to, arising out of, based upon,
in the defense of, or in connection with any and all matters undertaken by ACB
on behalf of MEMBER or in any manner connected with any attempt by ACB to
collect debts on behalf of MEMBER.
11. MEMBER agrees that any and all reports, work product, and any information
received by MEMBER from ACB shall be for MEMBER’s business use only and
are strictly confidential and the property of ACB. MEMBER agrees that no
information, work product or reports provided by ACB shall be transferable or
communicated to any party unrelated to MEMBER without ACB’s express written
12. In the event a claim, demand, lawsuit or dispute is brought against ACB,
related to any ACB work, services, activities or matters undertaken on behalf of
MEMBER, ACB has the right to immediately terminate this Agreement, or
terminate its collection efforts on any particular debtor account without the prior
approval of MEMBER.
13. MEMBER agrees that any claim, lawsuit, or legal proceeding arising out of or
due to this Agreement, or due to any matter undertaken by ACB on behalf of
MEMBER as a result of this Agreement, shall be subject to the courts, jurisdiction
and venue of Palm Beach County, Florida.
14. In the event MEMBER breaches this Agreement, or as a result of any
litigation or settlement costs incurred by ACB as a result of defending or
enforcing this Agreement, or any debts owed by MEMBER to ACB, ACB shall be
entitled to collect from MEMBER any and all costs incurred by ACB required and
necessary to enforce this Agreement, including, but not limited to, collection
costs, attorneys’ fees and costs of all settlement, trial and appellate proceedings.
15. MEMBER agrees to pay ACB any monies owed upon receipt of ACB’s
invoice and/or statement. Unpaid accounts shall be in default after thirty (30)
days, after which time an interest rate of 1.5% per month on the unpaid balance,
or the highest interest percentage allowed under Florida law, shall be charged to
16. ACB reserves the right to modify, revise, or amend (“amendment(s)”) this
Agreement at any time. In the event there is an amendment to the terms and
conditions of this Agreement, MEMBER shall be notified in writing of said
amendment(s) and shall be afforded an opportunity to opt out or reject any
amendment to the Agreement. In the event ACB does not receive written notice
from MEMBER sent by U.S. certified mail rejecting any amendment within
fourteen (14) days of such amendment, all new amendments to the Agreement
shall be effective on the date of amendment.
17. MEMBER agrees that ACB may, from time to time and in ACB’s sole
discretion, contract with and enter into on behalf of MEMBER, additional service
agreements with certain related companies under common control as set forth
below, which ACB may deem to be necessary to carry out the objectives and
terms of this Agreement. MEMBER hereby agrees and fully consents to any and
all terms, conditions, fees, charges and provisions of such service agreements
for AMERICAN CREDIT BUREAU, INC. (Phase II Collections – Contingency
Collections); RAPIDPAY SOLUTIONS, LLC, and ON DEMAND MESSAGES,
LLC. MEMBER hereby acknowledges that MEMBER has reviewed the aforesaid
service agreements at
https://www.OnDemandMessages.com/TermsAndConditions, which are
incorporated herein by this reference. Further, if ACB’s Phase I series of Credit
Bureau Collection letters and credit report blemishes do not produce collection of
the debtor’s account balance in its entirety, then after fifteen (15) days, MEMBER
authorizes ACB to initiate and turn over such delinquent account to ACB’s Phase
II Collection – Contingency Collections program and services and to collect the
debt under the terms, conditions and contingency percentages of the Phase II
Collections – Contingency Collections Agreement for Services.
18. If any one section or provision in this Agreement shall be determined to be
legally unenforceable or void by law, only those parts so determined shall be void
and unenforceable, and the entire agreement shall not be void, but all other
sections, parts and provisions of this Agreement shall remain valid and
enforceable against both parties, and the Agreement shall be read without any
provision determined to be legally unenforceable.
19. MEMBER agrees that it has read, understands, and agrees to this entire
Agreement, including those agreements and schedules incorporated into this
Agreement by reference thereto.
20. If MEMBER is not an individual, MEMBER and MEMBER’s shareholder(s),
partner(s), MEMBER(s), or owner(s), agree that MEMBER and MEMBER’s
shareholder(s), partner(s), MEMBER(s), or owner(s) shall be jointly and severally
liable, and MEMBER’s shareholder(s), partner(s), MEMBER(s), or owner(s) shall
be personally and individually liable, for the full payment of all monthly
Membership fees, additional fees and charges due under this Agreement, and for
all terms and conditions set forth hereunder.