Refund Guarantee for Fixed-Fee Services

Where the Client utilizes the Fixed Fee Collection services in accordance with the Terms and Conditions, the Agency provides the Client with a refund guarantee (“Guarantee“). Under the terms of this Guarantee, the Client will receive a refund of the total purchase price paid for the Fixed Fee Collection services (as specified in the Client Intake), less any amounts remitted from recovered funds, if applicable. The Guarantee is subject to the following terms:

1. Client Warranties, Representations and Placement of Accounts:

1.1. Client warrants and represents the accuracy of the accounts placed for Fixed Fee Collection. This includes, but is not limited to, Account holder’s full name, last known address, last known telephone number, account number, exact last payment date, exact date of delinquency, the exact principal balance, and the applicable interest rate(s), if any, 

1.2. The maximum extent of delinquency on any Account, in no event, shall exceed six (6) months for Accounts being placed in Fixed Fee Collection, 

1.3. Client warrants that the Accounts submitted are not currently subject to legal, regulatory proceedings, or audits, in any legal proceeding or government investigation at the state, federal, or local level, related to matters such as bankruptcy, insolvency, trusteeship, or receivership. Furthermore, the Client warrants that the placement of any Accounts will not be in breach of any applicable federal, state, or local laws and regulations or any contractual obligations it may have with any third-party, and

1.4. All Accounts placed with the Agency must be in United States Dollars (US$), and Client shall be solely responsible for any fluctuations in forex rates and informing the Agency of such variations. Client shall indemnify and hold harmless the Agency on any claim or dispute by an Accountholder, resulting from variation in amounts due to a fluctuation in forex rates. 

2. Minimum Balance:

Any Account placed with the Agency shall not have a principal balance of less than US$100. 

3. Exclusions of Guarantee:

The Guarantee provided for herein shall not be applicable if: 

3.1. The Guarantee shall not apply where 5% or more of the Accounts, placed with the Agency for Fixed-Fee Services, result in disputes from Accountholders, email bounce backs, and other issues on deliverability, or any information provided is found to be inaccurate, or 

3.2. If the services provided under these Terms and Conditions are terminated by either Party. 

4. Account Closure on Letter Undeliverability and Returns:

4.1. Where a collection letter sent to an Accountholder returns or is undeliverable for any reason, the Agency may close the Account at its sole discretion. 

4.2. Where an Account is closed under Clause 4.1, the Agency shall only make further efforts if the Client re-engages the Agency’s Fixed Fee Services on those Account(s) at the then-applicable rates. 

5. Refund:

If we (the Agency) can’t collect enough money on your accounts to meet our guarantee, we’ll refund you (the Client) the difference between what you paid us and what we were able to collect.