Commercial Collection Firm of America herein referred to as “CCFA” and Client herein referred to as "CLIENT" mutually agree that the accounts placed with CCFA are subject to the terms and conditions of the following agreement between the parties herein:
1. All accounts placed with CCFA by CLIENT will be worked in compliance with Federal, State, and Local Laws and regulations, and will be valid debts owed to CLIENT by its' customers.
2. CCFA agrees to accept and diligently attempt to effect monetary recovery of all past due receivable accounts, hereinafter referred to as “accounts”, submitted and assigned by CLIENT to CCFA for collection.
3. Vendor's Collection activities will be in compliance with all Federal, State, and Local Laws and regulations, and be fair, courteous, ethical and business-like, consistent with the positive image and good reputation of CLIENT. When applicable, CCFA will make every attempt to recover collection fees in addition to the principle amount owed in accordance with Federal, State, and Local Laws.
4. All monies collected by CCFA on CLIENTS' accounts will be deposited immediately into a trust account maintained for CLIENTS' disbursements. All monies collected by CCFA on CLIENTS' accounts will be remitted to CLIENT less CCFA’S collection fee. CCFA’s remits payments to client’s twice per month. Funds collected between the 1st and 15th will be remitted by 1st of the following month. Funds collected between the 15th and 30th will be remitted by the 15th of the following month. CCFA will provide detailed report statements which will illustrate monies collected on CLIENT'S accounts, including Debtors name, amount collected, amount due CLIENT, amount due CCFA, balance of account, etc.
5. CCFA assures CLIENT that there are no service charges or up-front fees associated CCFA’S collection services. Fees will be due to CCFA on accounts CLIENT has submitted to CCFA for collection upon either party’s receipt of payments. CLIENT authorizes CCFA to accept and endorse payments, and to deposit in its Trust Account, any and all cash, checks, notes, money orders, drafts for deposit, or other payment instrument, the net proceeds of which CCFA shall remit to CLIENT as stated in paragraph 4 above.
6. CLIENT agrees to provide CCFA with immediate notice on all direct payments, adjustments and disputes received on placed accounts, as well as all verbal or written correspondence from any party regarding placed accounts within three (3) business days. Once a claim is place with CCFA for collection, CLIENT shall not instruct debtor to make payment on invoices placed with CCFA directly to CLIENT. CLIENT agrees not to communicate with the debtor on invoices that have been placed with CCFA for collection activity. CLIENT understands that the applicable fee is due to CCFA on all accounts placed with CCFA for collection regardless of which party receives payment. The CLIENT further authorizes CCFA to settle accounts as a last resort to effect successful collection in a timely manner upon written authorization by CLIENT.
7. The contingency fees on payments made to CCFA and directly to CLIENT on accounts placed with CCFA are determined by the number of days between the oldest invoice date and the date the account is placed for collections.
8. CCFA will not initiate any form of legal action without prior written authority from CLIENT. Should legal action be indicated, CLIENT will execute a written assignment of the account for such action. All accounts authorized by CLIENT for legal action will be charged at the rate of 50%
9. CLIENT shall be responsible for all legal fees and court costs on accounts placed with CCFA for collection and referred for legal action at CLIENT'S request. CCFA will not be obligated to file suit on any account referred by CLIENT if CCFA deems such recourse will have unprofitable results for CLIENT and/or for CCFA. Court costs and filing fees must be paid by CLIENT to CCFA prior to legal actions being initiated.
10. CLIENT may withdraw accounts placed with CCFA only when there has been no activity in the preceding 60 days. Accounts placed in error by CLIENT with CCFA for collection may be withdrawn by written or verbal request within 48 hours of placement. All withdrawals must be done via facsimile to 1- 888-351-2776 and any commission then due and payable to CCFA must be paid before the claim is deemed withdrawn. Upon receipt of such request and payment, CCFA will cancel and return subject account(s) along with all media pertaining to account(s) that CLIENT may have provided. CCFA will retain the right to commissions on paying, settlements, and insurance accounts, unless other arrangements are made with management. Cancellation or withdraw of accounts placed in error by CLIENT does not constitute cancellation of this Agreement. All accounts returned pursuant to CLIENT'S request may be charged the full rate per account to offset set up costs. Any merchandise or equipment returned to CLIENT by debtor shall entitle CCFA to a commission equal to 20% of the actual invoiced amount.
11. As further consideration for the receipt and handling and collection of accounts by CCFA and for the services rendered to CLIENT by CCFA, 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 CCFA. Furthermore, the parties agree
12. In exchange for the monetary benefits relating to the recovery of CLIENT'S accounts, CCFA agrees that all information relating to the business of CLIENT, including but not limited to the identity of the customers and suppliers of CLIENT, its arrangements with such suppliers, and technical data relating to its products and services and proprietary information, shall be treated as confidential by CCFA, and its employees, owners, and directors indefinitely.
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. Termination or cancellation of this agreement by either party will not affect the collection enforcement or validity of any accrued obligations owing between parties.
The provisions of this agreement will override any and all contrary or conflicting provisions contained in the past or present agreements.