Client/Agency Agreement
ATI
Credit Services, LLC, herein referred to as
"AGENCY" and ______________, herein referred to as "CLIENT"
agree that the accounts placed with the AGENCY are subject to the
terms and conditions of the following agreement:
1.
All
accounts placed by the Client will be in compliance with Federal,
State, and Local Laws and regulations, and will be valid debts owed
to client.
2.
Collection
activities by AGENCY will be in compliance with Federal, State,
and Local Laws and regulations.
3.
Collection efforts by AGENCY will be courteous and
businesslike; consistent with the image and reputation of the CLIENT.
4.
Collections made by AGENCY on clients' accounts will be deposited
immediately into an account maintained for clients' disbursements.
All collections made by AGENCY on CLIENTS' accounts will be remitted
to CLIENT (less AGENCY collection fees), by the last business day
of the month following collection (on all monies collected prior
to the 21st of the month).
5.
AGENCY will provide statements which will be descriptive (Debtors
name, amount collected, amount due CLIENT, amount due AGENCY, balance
of account).
6.
CLIENT authorizes AGENCY to endorse and deposit in its Account
any and all checks, money orders, drafts, cash etc. made payable
to or paid to AGENCY for CLIENT on accounts placed with AGENCY.
7.
CLIENT agrees to provide AGENCY with information on all direct
payments, adjustments, and disputes within a timely manner, not
to exceed 30 days. If this information is not provided to the Agency
(per Fair Credit Reporting Act) there maybe a fine for any information
not provided to the Agency. The Client will be responsible for any
and all fines for information not provided to the Agency.
8.
The collection fee on payments made to AGENCY and direct
to CLIENT on accounts placed with AGENCY will be as follows:
9.
CLIENT authorizes AGENCY to settle for _____% of account if this
is the only way to collect the account in a timely manner.
10.
AGENCY will not initiate any form of legal action without
prior written authority from CLIENT. When legal action is authorized,
CLIENT will execute a written assignment of the account. Legal action
will be brought in the name of AGENCY to further indemnify CLIENT.
All legal action accounts will be charged at the rate agreed upon
placement.
11.
AGENCY will not be responsible for legal fees or court costs
with reference to accounts placed for collections by CLIENT. The
AGENCY will not be obligated to file suit on any account referred
by CLIENT.
12.
CLIENT may perform audits of AGENCY from time to time (within
reason), to include a review of collection effort, adequacy of cash
controls, promptness of recording and remitting payments, compliance
with this agreement and any other normal audit procedures.
13.
CLIENT may withdraw accounts placed in error by CLIENT with
AGENCY for collection by written request. Upon receipt
of such request AGENCY will cancel and return said account along
with all media pertaining to said account that CLIENT may have provided.
AGENCY will retain the right to commissions on paying, settlements,
and insurance accounts.
14.
As further consideration for the receipt and handling and
collection of accounts by AGENCY, and for the services rendered
to CLIENT by AGENCY, the parties agree that each party will assume
its own proper responsibility in connection with any claims made
by a third party against CLIENT and/or AGENCY. AGENCY being an independent
contractor is solely responsible for the employment, acts and omissions,
control and direction of its employees. If the acts of the employees
of AGENCY are the proximate cause of any action brought against
CLIENT, AGENCY will assume full responsibility for the defense of
said action and payment of any resulting judgment. If the acts of
CLIENT or employees etc. are the proximate cause of any action brought
against AGENCY by third party, then CLIENT will assume full responsibility
for the defense of said action and payment of any judgment.
This
agreement will be effective as of date shown and continue in effect
until terminated as herein provided. Either party may terminate this
agreement by giving the other party thirty (30) days notice by certified
mail; however, CLIENT may terminate this agreement immediately in
the event AGENCY violates any of the terms or provisions of this agreement.
Termination or cancellation of this agreement by either party will
not affect the collection enforcement or validity of any accrued obligations
owing between parties. Agency will retain commissions on paying accounts,
settlements accounts, insurance accounts as well as the right to recover
any court costs advanced on said accounts. All accounts returned by
Client request may be charged at the rate of 10% each to cover set
up costs.
The provisions of this agreement will override any and all contrary
or conflicting provisions contained in the past or present agreements.
Their duly authorized and empowered representatives enter into this
agreement by and between AGENCY and CLIENT on this ____day of _______
20___.
AGENCY:
ATI CREDIT SERVICES, LLC
PO BOX 502
ALTON, NH 03809
Owner, Annette Slipp____________________________________________________
CLIENT:
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Cafe, LLC