TERMS OF USE
You should make a copy of any form you send to us to keep for your records. After making copies of correspondence from the credit bureaus please forward that correspondence to us as soon as possible. Our only concern is to help you improve your credit score, obtain loans and the credit that you deserve and need. Our services are for those of you who do not have the time, knowledge or inclination to do this type of work.
Membership with GoBancCredit, Inc. ("GoBancCredit"), gives you access to our wide array of financial services. This includes credit consultation and may include credit restoration and other credit related services. You authorize us to contact you regarding these services and services provided by various partner organizations as part of your membership.
Scope of
Services
The purpose and scope of these Terms of Use are that Client and GoBancCredit
are entering into a Client Services Agreement. GoBancCredit will assist the
Client in credit related matters and is authorized by Client to perform services
including, but not limited to: setting up the Client's file, providing
assistance in obtaining Client's credit reports, evaluating Client's credit
reports, communicating with and informing Client of his/her rights under the
Fair Credit Reporting Act and the Equal Credit Opportunity Act, assisting the
Client in the process of removing or correcting obsolete, incorrect, misleading,
and inaccurate information from his/her credit reports that is not in compliance
with the Federal Fair Credit Reporting Act ("FCRA") and the Fair and Accurate
Credit Transactions Act (“FACT”) and other credit related services.
GoBancCredit cannot, by law, and does not guarantee any results from the
work performed. However, GoBancCredit does extend a money-back warranty;
please see the section below or on GoBancCredit entitled "Warranty".
GoBancCredit cannot guarantee the amount of time each Client will need
GoBancCredit 's services. This agreement’s duration is one month,
automatically renewing until cancelled, but not exceeding 6 months.
GoBancCredit also does not guarantee that Client will receive new credit or
loans, credit cards, mortgages, etc. as a result of GoBancCredit's services.
We do feel that GoBancCredit's program can be helpful in obtaining new
credit and more favorable terms on credit if we improve your credit score, but
obviously each credit decision is decided by the credit grantor and we can in no
way guarantee their approval. GoBancCredit makes every effort to legally
improve your credit reports to the best possible status. GoBancCredit
follows the guidelines set forth in the FCRA and FACT and we stay current on all
new laws enacted to protect consumers from the derogatory information that is
reported on credit reports. Each Client should be aware of the availability of
nonprofit credit counseling services to help them with their credit problems.
Client Agreement
GoBancCredit commits to working diligently assisting the Client.
GoBancCredit will submit items for removal to the Credit Bureaus based on
its professional judgment without jeopardizing GoBancCredit's ability to
challenge such items. Client agrees to provide GoBancCredit with any and all
information, in a timely manner, needed to facilitate the services to be
provided to Client. Client authorizes GoBancCredit, its employees and
servants to prepare all necessary correspondence, either written or digital,
relating to GoBancCredit's services and to submit to GoBancCredit any
additional information required to legally support those services. Client agrees
to immediately forward all correspondence from the credit bureaus, creditors or
others relating to services provided by GoBancCredit to GoBancCredit.
Client agrees to the terms of the Limited Power of Attorney found below. Client
understands that all disputes must be true and accurate to the best of Client's
knowledge and that GoBancCredit will not produce any information that is not
accurate to the best of GoBancCredit's knowledge. Client agrees that they
have been provided with a dispute form to list items they believe are incorrect,
obsolete, unverifiable, or not meeting the requirements of the FCRA (the
“Dispute Ledger”) and Client agrees to complete the Dispute Ledger to the best
of his/her knowledge. GoBancCredit will request verification of all
obsolete, incorrect, misleading, inaccurate, unknown and unverifiable
information, as requested by the Client, and will use every legal means of
removing such negative data from Client's reports so that Client can restore
their credit history to a most favorable status. GoBancCredit does not
change, or advise Client to change, Client's identification, social security
number or any other personal data in an effort to gain credit under a different
identity. Client understands that GoBancCredit is contracting to help Client
with problems in the way Client's credit is being reported by the credit bureaus
and GoBancCredit does not provide debt negotiation services nor do
GoBancCredit’s services in any way affect any legitimate debts or payments
owed to third parties by the Client.
Billing
A reasonable membership fee will be assessed after Client agrees to join GoBancCredit's financial services network. This fee covers all initial
financial services other than credit restoration for each Client. This includes
unlimited credit consultation and the informational materials supplied to each
Client. The services listed in this paragraph represent an independent and
separate contract between the Client and GoBancCredit. If a recurring, per month
fee is billed, the recurring payment will start one month after the Client joins GoBancCredit's
financial services network and continuing monthly on that day of the month as
described immediately below, until Client is completely satisfied, but not
exceeding 6 months. In addition to credit consultation, GoBancCredit
provides credit restoration services. If the Client determines that credit
restoration is the best course of action to help improve his/her credit
problems, GoBancCredit agrees to help the Client with those services.
GoBancCredit commits to working diligently for Client in assisting the
Client with various credit services. Client agrees that each month will be
regarded as a completely separate and independent contract, with a one month
contractual period, between the Client and GoBancCredit. Each contract runs
from the previous billing date (the date the Client joins GoBancCredit is
the first previous billing date) until one day prior to the subsequent billing
date. GoBancCredit will bill the Client the day after the expiration of the
previous contractual period and will bill only for the work done in that
previous contractual period (the amount of work done in each contractual period
may vary, but the same recurring fee will be assessed). At the conclusion of each
contract, a new contract for services, with the same terms, will automatically
be in effect for the next contractual period until either the Client or GoBancCredit cancels the then current contract for services or 6 months have
passed since registration. Client agrees to these charges and agrees to be
automatically billed on the dates specified above and by the method of payment
the Client has provided. Client agrees to allow GoBancCredit or its agents
to automatically bill Client's specified account on their behalf for
GoBancCredit's services. GoBancCredit requires at least three days
notice prior to your billing date for a change in billing information, billing
charge, or form of billing. Client agrees that any payment that is not received
on the applicable billing date is still due and owing to GoBancCredit and
may be charged subsequent to that date. Client also agrees to pay a $15 service
charge for any payment returned, declined or not approved for any reason. Client
further agrees that they will make no unsubstantiated or fraudulent claim for a
"chargeback" or reversal of billing by GoBancCredit. If such claim is made
GoBancCredit shall be entitled to $500 in liquidated damages. These
liquidated damages shall not limit any other remedies or damages for which the
Client may be responsible. Client is responsible for all charges due and owing
as stated above and shall not be refunded money once it has been billed by
GoBancCredit. However, Client does have the right to cancel his/her
membership anytime within 5 days after joining GoBancCredit's network.
Client may cancel at anytime by sending written notice to GoBancCredit and
billing will stop at that time, provided such cancellation is received 3 days
prior to the next billing date. Client agrees that at any time in the future
this contract may be transferred or sold to a similar service as
GoBancCredit’s service, providing such service provided similar service at
comparable prices.
Limited Power of
Attorney
As a member of GoBancCredit you agree to give GoBancCredit a limited
Power of Attorney. This limited Power of Attorney is used only to help you with
credit related matters and may not be used outside of the scope of services
described in this Terms of Use. Client agrees to give and appoint
GoBancCredit, Inc., it's officers, employees and agents, assistants this
limited Power of Attorney on Client's behalf for, but not limited to, the
following matters: signing of my name on correspondence addressed to the credit
bureaus (or acting on my behalf with electronic correspondence), signing of my
name on correspondence addressed to creditors, obtaining credit information over
the telephone, fax, or electronically through written or electronic
correspondence from credit bureaus, creditors or collection agencies, and
perform all those things necessary and proper in GoBancCredit's professional
judgment on Client's behalf to perform the services stated in this Terms of Use.
I further authorize GoBancCredit, Inc., its agents, servants and employees
to obtain any information in my credit report that may involve medical records
and/or credit records. I hereby direct said record holder to release such
information upon the request of the bearer of the authorization to release
information and durable Power of Attorney for limited purposes. I hereby release
the bearer of this authorization as well as the recipient, including but not
limited to, the Custodian of such records, Repository of the Court Records,
Credit Bureau, (Trans Union, Equifax, Experian, CSC, etc…) consumer reporting
agency, retail business establishment, lending institution, student loan
agencies (public and/or private), including whatever kind, which may at any time
result to me, my heirs, family or associates, because of compliance with this
Authorization to release Information, or any attempt to comply with it. Client
has the right to revoke or terminate this Power at any time. This Power shall
terminate at the Client's request or when the services stated above are
complete: All questions pertaining to validity, interpretation and
administration of the Power shall be determined in accordance with the laws of
the State of California. This power is valid throughout the United States.
Client agrees to hold harmless and indemnify GoBancCredit for any claim or
expense arising from use of this Power of Attorney.
Information Statement
We are required by the Federal Trade Commission and State Laws to Keep This
Document with Your File.
You have a right to dispute inaccurate information in your credit report by
contacting the credit bureau directly. However, neither you nor any "credit
repair" company or credit repair organization has the right to have accurate,
current, and verifiable information removed from your credit report. The credit
bureau must remove accurate, negative information from your report only if it is
over 7 years old. Bankruptcy information can be reported for up to 10 years. You
have a right to obtain a copy of your credit report from a credit bureau. You
may be charged a reasonable fee. There is no fee, however, if you have been
turned down for credit, employment, insurance, or a rental dwelling because of
information in your credit report within the preceding 60 days. The credit
bureau must provide someone to help you interpret the information in your credit
file. You are entitled to receive a free copy of your credit report if you are
unemployed and intend to apply for employment in the next 60 days, if you are a
recipient of public welfare assistance, or if you have reason to believe that
there is inaccurate information in your credit report due to fraud. You have a
right to sue a credit repair organization that violates the Credit Repair
Organization Act. This law prohibits deceptive practices by credit repair
organizations. You have the right to cancel your contract with any credit repair
organization for any reason within 5 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the
information they report is accurate. However, mistakes may occur. You may, on
your own, notify a credit bureau in writing that you dispute the accuracy of
information in your credit file. The credit bureau must then reinvestigate and
modify or remove inaccurate or incomplete information. The credit bureau may not
charge any fee for this service. Any pertinent information and copies of all
documents you have concerning an error should be given to the credit bureau. If
the credit bureau's reinvestigation does not resolve the dispute to your
satisfaction, you may send a brief statement to the credit bureau, to be kept in
your file, explaining why you think the record is inaccurate. The credit bureau
must include a summary of your statement about disputed information with any
report it issues about you. The Federal Trade Commission regulates credit
bureaus and credit repair organizations. For more information contact: contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580
Scope of Services:
GoBancCredit will assist you in credit related matters and is authorized by
you to perform services including, but not limited to: setting up your file,
providing assistance in obtaining your credit reports, evaluating your credit
reports, communicating with and informing you of your rights under the Fair
Credit Reporting Act and the Equal Credit Opportunity Act, assisting you in the
process of removing or correcting obsolete, incorrect, misleading, and
inaccurate information from your credit reports that is not in compliance with
the Federal Fair Credit Reporting Act ("FCRA") and/or the Fair and Accurate
Credit Transactions Act (“FACT”) and other credit related services. A
reasonable
membership fee will be assessed after you agree to join GoBancCredit's
network. This fee covers all initial services other than credit restoration for
each Client. This includes unlimited credit consultation and the informational
materials supplied to you. The services listed in this paragraph represent an
independent and separate contract between you and GoBancCredit. If the
recurring,
per month fee is billed, starting one month after you join GoBancCredit's
network and continuing monthly on that day of the month, until you are
completely satisfied, but not exceeding 6 months. You should be aware of the
availability of nonprofit credit counseling services to help you with your
credit problems.
GoBancCredit conducts is business through the internet with a principal business address of 5703 Oberlin Drive, Suite 207, San Diego, CA 92121. The agent authorized to receive service of process for GoBancCredit, Inc. is: Michael Speltz.
Service
Warranty
GoBancCredit warranties the success of its work by offering some or all of
the client's money back if enough disputed items aren't deleted or positively
modified. We want you to only pay us if the program works for you. After twelve
months, if the client requests it, GoBancCredit will add up each deleted or
improved credit listing and will assign a value of $50 to each such item (if you
have less than 5 total negative items the value is $100 per item). If that total
is not greater than the total fees paid by the client, the difference will be
refunded.
This should not be understood to mean that GoBancCredit would charge its regular fees plus $50 per deleted item. Rather, the $50 per deleted item is simply used as a value to help GoBancCredit and the client calculate the program's success.
For example, at the end of twelve months you have forwarded credit reports every ninety days (this must be done for the warranty to be applicable) and completed your commitments to the service. You originally had 10 negative listings on each of your credit reports that you wanted removed. Your Experian report deleted 6 listings but 4still remain, Trans Union deleted all 10, and Equifax deleted 9 and 1 item still remained. That means:
|
Bureau |
Deleted |
Remaining |
|
|
Experian |
6 |
4 |
|
|
Trans Union |
10 |
0 |
|
|
Equifax |
9 |
1 |
|
|
Totals |
25 |
5 |
|
|
|
|
|
|
|
Value of deleted items for warranty calculations |
25 x $50 |
$1250.00 |
|
|
You paid in total fees |
|
$599.00 |
|
|
Amount you get back for the warranty |
|
$0.00 |
|
Now, imagine that at the end of twelve months your results were not so good (this is only an example and results should be much better than shown below). You have forwarded credit reports every ninety days and completed your commitments to the service, but the bureaus refused to remove certain items. You originally had 10 negative listings on each of your credit reports that you wanted removed. Your Experian report deleted only 1 listings and left 9 remaining, Trans Union deleted 1 and 9 items still remained, and Equifax deleted 2 and 8 items still remained. That means:
|
Bureau |
Deleted |
Remaining |
|
|
Experian |
1 |
9 |
|
|
Trans Union |
1 |
9 |
|
|
Equifax |
2 |
8 |
|
|
Totals |
4 |
26 |
|
|
|
|
|
|
|
Value of deleted items for warranty calculations |
4 x $50 |
$200.00 |
|
|
You paid in total fees |
|
$599.00 |
|
|
Amount you get back for the warranty |
|
$399.00 |
|
While the second example shows results that are very low for someone who has forwarded sufficient credit reports, it is a good example of how the warranty works.
Again, it is important to emphasize that, even when GoBancCredit gets results far beyond your warranty amount, you do not owe any more money. The warranty valuations are just so that you can feel comfortable in knowing that GoBancCredit has a stake in helping you to achieve a high level of success.
Additional
Information
GoBancCredit has the right to change the rights and terms of this agreement
at any time (including fees) and you agree the publication of such changes on
our website is sufficient notice to you of such changes. GoBancCredit
operates legally and adheres to the FCRA, and no one, including GoBancCredit,
can tell you that accurate and verifiable information can be removed from your
credit reports. Client agrees that Client is aware that GoBancCredit will
only operate within FCRA and can not and has not promised that accurate and
verifiable information can be removed from your credit reports. Client agrees
that he/she is only paying for services already performed at all times. Client
agrees to indemnify, defend and hold harmless GoBancCredit, Inc. and all of
its owners, directors, officers, agents, employees, affiliates (all together,
the "Indemnified Parties") from any and all liabilities, claims, suits or other
actions arising out of this Terms of Use, or your breach thereof, or any use of
such or any performance of the services herein by GoBancCredit, including
any and all attorney's fees and costs. You should cooperate as fully as possible
with GoBancCredit if any such action should arise and should not take any
action if such action should arise without the consent of GoBancCredit. This
agreement shall be construed under the laws of the State of California. If any
part of this agreement shall be found invalid or unenforceable the remainder of
this agreement shall remain valid and in effect.
GoBancCredit makes no representations as to its website and it is only intended to be informational. Client agrees that these Terms of Use is the only agreement between GoBancCredit and the Client. All information on the website is published without warranty and Client should rely only on this Terms of Use as to the relationship between the Client and GoBancCredit. GoBancCredit shall not be responsible in any way for any losses or damages resulting from its website or any loss of data, inaccurate information, or any other damages for providing the services in this Terms of Use.
Digital Signatures
Client agrees that their digital signature is equivalent to their handwritten
signature as provided in The Federal E-Sign Act. Client agrees that by
completing the sign-up process and joining GoBancCredit's financial services
network they are certifying that their digital signature is equivalent to their
handwritten signature as provided by The Federal E-Sign Act.
Agreement
Client agrees that they have read this Terms of Use, their Consumer Credit File
Rights Under State and Federal Law, and that they are signing each section of
this Terms of Use, their Consumer Credit File Rights Under State and Federal
Law, and each agreement in the process of sign-up with their digital signature.
ONLY SEND THIS TO US IF YOU ARE CANCELING YOUR SERVICE
Notice Of Cancellation
You may cancel this contract, without any penalty or obligation, at any time before midnight of the 5th day, which begins after the date the contract is signed by you. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice or any other written notice to GoBancCredit at 5703 Oberlin Drive, Suite 207 San Diego, CA 92121, before midnight on:
________________
(5th business day from the date you signed your contract)
I hereby cancel this transaction.
Dated: _____________________
Signature: ___________________________________________