Queen City Credit Clinic

FINANCIAL FUNDING AGREEMENT

 

THIS FINANCIAL FUNDING AGREEMENT (the "Agreement" is made and entered this {date} (the "Effective Date"), by and between Queen City Credit Clinic (hereinafter referred to as the "Company") who is duly organized under law and having a place of business within the State of New York, and {name} (hereinafter referred to as the"Borrower") with a physical address of {currentAddress}; collectively referred to as the "Parties.

 
WHEREAS, Borrower wishes to engage the Company to provide services described herein, and said Company agrees to provide such services for a "Consulting Fee" based on commission;

WHEREAS, Borrower acknowledges that the Company will attempt to secure a loan, credit card stacking, term loan, SBA, invoice factoring, receivable factoring, commercial real estate lending,  or line of credit for the specific amount requested for consultant clients, Borrower; however, the Borrower shall accept an alternative option of a series of loans, line of credit and credit cards totaling the requested amount;

NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, accepted and agreed to, the Parties intending to be legally bound, agree to the Terms and Conditions set forth below:

 

1.TERMS OF SERVICE 

Commencing as of the Effective Date, and continuing to remain in effect for 180 days. During such time, the Borrower agrees not to bypass the Company by subsequently applying to recommended lending partners) and attempting to avoid paying the Company compensation. Borrowers agree to pay Company compensation for any new loan, line of credit and credit card modification to an existing loan proceeds made between Borrower and any recommended lending partner, regardless of prior relationships or accounts with the lender. This Agreement may be renewed or extended for any period as may be agreed by the Parties. This agreement shall be effective until all services by consultant are paid by Company. 

2. COMPENSATION FOR SERVICE

Borrower acknowledges the Consulting Fee for Company services is offered on a no contingency basis, with fee due if funding is approved by a participating lender, whether the client chooses to accept the loan or line of credit or not, or whether the client decides to activate the credit card or not. The Borrower agrees to pay Company a consulting and loan success fee of 10% of the total funded loan amount which includes each loan, line of credit, and/or credit cards within 48 hours upon receipt of funding. In the event, the Borrower does not pay within 48 hours, the Borrower consents to each loan, line of credit, and/or credit card may be closed and sent to collections. Borrower understands such activity will be reported to all credit bureaus and the entire balance with additional late fees shall apply and be due immediately.

Late Fee: Reference 2

Borrower understands there's an additional late fee of $50 per day if each invoice is not paid within 48hours upon receipt of Funding loan, Credit Cards, or Line of Credit.

3. LIMITED WARRANTY

Company shall render services under this Agreement in a diligent manner. No other warranty is expressed or implied regarding Company services, recommendation, or consultation, including, but not limited to Company or lender performance. Company does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating lender; loan approval standards are established and maintained solely by an individual lender; likewise, Company does not guarantee the loan terms or rates offered and made available by the participating lender through this Agreement are the best terms or lowest rates available. Borrower understands nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in.

4. LIMITED LIABILITY 

Parties agree that Company shall not be liable for lost product, lost profit, or any other incidental or consequential damages which may result from Company or associated lender services, recommendations, or consultations under this Agreement.

5. FORCE MAJEURE

The definition of „Force Majeure" within this Agreement, also known as, „Event of Force Majeure" means an event beyond the control of the Contractor and the Client, which prevents a Party from complying with any of its obligations under this Agreement, including but not limited to an act of God such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods; war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder; or acts or threats of terrorism. Neither the Company nor the Borrower shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises after the Effective Date. The Party (the "Affected Party") prevented from carrying out its obligations hereunder shall provide notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.

6.  RELATIONSHIP OF PARTIES: It is understood by the parties that consultant is an independent contractor with respect to Company, and not an employee of Company. Company willl not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Consultant. 

 

7. DISCLOSURE: Consultant is required to disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict with the best interests of Company. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly. 

8. EMPLOYEES: Consultant's employees, if any, who perform services for Company under this agreement shalll also be bound by the provisions of this agreement.  

9. GENERAL PROVISION

A. INTEREST RATES Borrower understands loan, line of credit, or credit card interest rates vary from 0% to 29.9% to be determined by the lender and based on the Borrower's credit score and credit reports. Company has no control over interest rates and the above information is for informational purposes only and holds no guarantee or promise of an actual interest rate to be offered by any participating lender.

B. LIMITED POWER OF ATTORNEY

Company is not a direct financial lender. Borrower agrees and authorizes Company to coordinate a financial plan and payment schedule utilizing a limited Power of Attorney to represent the Borrower by electronically, verbal or written means regarding the financial loan application and verification process.  Company is not a lender and does not make credit decisions in connection with loans.

 

"The Borrower undersigns as Grantor and hereby grants a Limited Power of Attorney (herein known as "Attorney-in-Fact") to Company and its consultants. The Attorney-in-Fact shall act on behalf of the Borrowers as if the Borrower was personally present, with the respect to the following matters:

 1) To the extent permitted by the law to act through an agent; 2) To obtain any and all forms the Attorney-in-Fact may deem necessary for the effective representation of my interest in this matter; and 3)To request and receive any and all documents that are alleged or claimed to be the Borrowers responsibility and to sign on the Borrowers behalf for the completion of business described herein.

 

The Attorney-in-Fact shall be revoked upon:

a) Resolution of the above referenced matter; b) If the Grantor does not wish to be represented any longer; and/orc) If the Attorney-in-Fact does not wish to represent the Grantor any longer.

C. LIMITED LIABILITY

Company is not an agent of the Borrower or any participating Lender. Each specific lender is solely responsible for its services to the Borrower, and the Borrower agrees that Company holds no liability for damages or costs of any type arising out of or in any way connected with the use of Company services or any lender associated with Company. Borrower agrees any lender considering a loan request may retain any loan request form or communications of the Borrower, whether or not the Borrower is approved or not approved for a loan.

Borrower acknowledges Company is not liable for any decrease in FICO scores or credit ratings during the application process. Company and its lenders have the right to pull consumer credit reports and verify information in order to provide an accurate assessment of the financial loan request. By submitting a signed financial loan request, the Borrower agrees and provides an expressed invitation to each lender and its financial loan officers interested in making contact with the Borrower by telephone, text, or email at the contact information the Borrower provided, so the lenders may assist the financial transaction. Borrower agrees Company and its lenders may record calls in connection with the financial loan request.

D. GOVERNING LAW

This Agreement has been entered into effect in the country of the United States of America, in the State of Texas and shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the State of Texas. By utilizing our services you consent to this Agreement and consent to being subject to the laws of United States of America and the State of New York, regardless of your physical location. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the terms and conditions shall continue to be in full force and effect.

E. ARBITRATION Any dispute or claim arising out of or relating to this Agreement shall be settled by Arbitration in the State of Texas with said Arbitration location at the sole discretion of the Company. The Parties shall share equally (50%) all fees and costs, subject to fee-shifting in favor of the prevailing party. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction.
Any claim or controversy arising out of or relating to the use of this Agreement, to the goods or services provided by the Company, or to any acts or omissions for which you may contend the Company is liable, including but not limited to any claim or controversy as to arbitrarily ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE BORROWER AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. BY SIGNING THIS AGREEMENT, THE BORROWER THUS GIVES UP ANY RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY RIGHTS. THE BORROWER ALSO GIVES UP ANY RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE BORROWER'S RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE ORJURY.

F. ATTORNEY FEES

Any legal action, arbitration or other proceeding brought against either party which arises out of or relating to this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable Attorney fees and other costs, including, but not limited to arbitration fees and costs, court fees and costs, consulting fees, witness fees, and expert witness fees incurred as a result of that action or proceeding, in addition to any other relief the court or arbitrator deems necessary or entitled.

G. AGREEMENT BINDING ON SUCCESSOR

This Agreement constitutes the entire Agreement between all parties pertaining to the subject matter contained within and supersedes all prior and contemporaneous Agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties and mailed via first class mail. Subject to the limitations on assignment set forth above, this Agreement insures to the benefit of, and is binding on the parties and their respective heirs, representatives, and/or assigns.

H.WAIVER & SERVERABILITY

No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is declared invalid or unenforceable, in whole or in part, for any reason, it is the intent of the Parties that all the other provisions of this Agreement, or portions of them, be construed to remain fully valid, enforceable, and binding on the parties.

7. ENTIRE AGREEMENT

This Agreement contains the entire Agreement and understanding of the Parties with respect to the subject matter hereof and takes precedence and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the Parties. If any provisions hereof are deemed to be illegal or unenforceable by arbitration or a court of law, the remainder of the Agreement shall be strictly enforced and shall be enforceable without reference to the unenforceable provision.
IN WITNESS WHEREOF, the Parties hereto have duly entered and executed this Agreement as of the day and year first above written and represent and warrant that the Parties executing this Agreement on their behalf is duly authorized.

Borrower's Printed Name {fullName}

Date {date}

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