1. This Agreement becomes effective upon the earlier of Client’s placing of accounts for collection, or other written agreement, including by email, or click-through agreement on the Agency website. Any modifications to this agreement may be effected by acknowledged email communication.
  2. Client may refer to Agency certain accounts or debts (“Accounts”) for collection which, subject to acceptance by Agency.  Unless otherwise agreed in writing, all Accounts shall be governed by this Agreement.
  3. Client represents that any Accounts are legally due and owed commercial receivables and not consumer obligations.
  4. Consumer obligations, at Agency discretion, may be forwarded to selected attorneys as provided for in Exhibit A. unless otherwise provided by separate agreement or addendum.
  5. Client shall provide upon request any source documentation and verification of any balance due.
  6. Agency is entitled to an agreed percentage from all sums collected on behalf of Client as agreed separately by email. If payments are received directly by Client, Client shall advise and pay Agency its commissions and other amounts due Agency within fifteen days of receipt.
  7. For Client convenience, on Client’s behalf, Agency is authorized to select attorneys and forward Accounts to them. The Client and the attorneys shall be free at all times to communicate directly, as the attorneys are not employed by Agency but are the Client’s attorneys. Agency is not responsible for any acts or failure to act of such attorneys. Client shall be responsible for attorney fees, suit fees or court costs or any attorney fees that have been agreed upon.
  8. Agency (as well as the attorneys) shall have the right to endorse for deposit and collection all payments received on Accounts, to hold such funds in trust for clearance of payment, and to deduct any and all Agency and attorney charges before remittance. Agency will remit funds after a check clearance hold of 14-30 days.
  9. Agency shall conduct itself in a professional manner and comply with the FDCPA.  Client represents that the amounts placed for collection are correct and represent legal, valid debts of the Client and that Client is unaware of any disputes regarding the debt which would render it invalid.
  10. Client understands that Agency makes no representations about, or guarantees of successful collection of any amount claimed as owing to Client and, additionally, Client agrees that Agency will not be liable for consequential damages in any event, even if advised of the possibility of such damages
  11. Alerts for Bankruptcy, Liens, UCC Filings, Judgements or Credit Reporting provided by Credit2B LLC, shall be provided on a 12-month term pursuant to a separate agreement with Credit2B.
  12. Termination, Withdrawal or Suspension of Services. This agreement can be terminated upon receipt of notice by acknowledged email or certified mail, provided that any monies due Agency by Client are paid. If the Client withdraws or requests closure of a file(s), and collection activities are still underway and are expected by Agency to be wholly or partially successful, Agency is entitled to immediate compensation as if the file(s) were collected.
  13. Agency reserves the right to refuse to perform a service and to terminate an ongoing service if Agency has reasons to believe that the Client has not acted in accordance with applicable collection laws, local practices, or regulations, or acts or fails to act so that Agency is unable to perform its services properly, or if the work undertaken is proven to be commercially unfeasible.
  14. The Agency is based in the State of New Jersey, USA and all questions with respect to the construction of this Agreement and the rights and liabilities of the parties shall be construed in accordance with the substantive law of the State of New Jersey, without regard to conflict of laws principles. Venue as to any action arising out of the subject matter hereof shall be in any court of competent jurisdiction in Camden County, New Jersey. In the event of legal action, both parties waive trial by jury. Notwithstanding the foregoing, Agency may seek preliminary injunctive relief from any court of law in the event if in its judgment such action is necessary to avoid irreparable harm.

Sections 6, 7, 8, 10, 14 survive termination of this Agreement.