Daniels, Newman & Armstrong, Inc. (“AGENCY” or “DNA”) and the undersigned party submitting account(s) for collection (“CLIENT”) mutually agree that all collection accounts placed with DNA are governed by the following terms and conditions:
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CLIENT warrants that all accounts submitted to DNA represent legitimate, valid, and enforceable debts owed to CLIENT.
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DNA agrees to pursue, with due diligence, the monetary recovery of all past-due receivable accounts ("accounts") assigned by CLIENT for collection.
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DNA shall conduct all collection activities in full compliance, maintaining fair, professional, and ethical standards consistent with CLIENT's business reputation.
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All funds collected by DNA on CLIENT's behalf shall be promptly deposited into a dedicated Trust Account established solely for CLIENT disbursements.
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DNA charges no upfront fees or service charges. Fees become due upon either party's receipt of payment on submitted accounts. CLIENT authorizes DNA to accept, endorse, and deposit into its Trust Account any payment instruments received on CLIENT's behalf, with net proceeds remitted to CLIENT accordingly.
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CLIENT shall notify DNA immediately upon receipt of any direct payments, account adjustments, disputes, or correspondence related to placed accounts. Applicable fees are owed to DNA regardless of which party receives payment, and CLIENT agrees to remit commission invoices upon receipt. Returned merchandise accepted in lieu of payment will incur a fee equal to one-half of the applicable placement percentage. Accounts cancelled or withdrawn by CLIENT will be subject to the per-account commission rate.
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DNA will not initiate legal proceedings without CLIENT's prior written authorization. When litigation is appropriate, DNA will consult CLIENT before proceeding. All referred accounts are evaluated on a case-by-case basis.
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CLIENT shall be solely responsible for all filing fees and court costs associated with accounts referred for litigation. Such fees must be remitted prior to commencement of any legal action. DNA reserves the right to decline filing suit on any account deemed financially unfavorable or unlikely to yield a productive outcome.
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Upon placement of an account, CLIENT agrees to refrain from directly contacting, or accepting contact from, the debtor. All account-related communications — including payment negotiations, disputes, merchandise returns, or other correspondence — shall be redirected to DNA to facilitate effective collection efforts. Non-compliance with this provision may result in full commission becoming due and payable to DNA.
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Each party agrees to bear its own respective responsibilities regarding any third-party claims arising from activities under this Agreement.
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DNA shall maintain strict confidentiality of all CLIENT business information, including customer and supplier identities, supplier arrangements, and proprietary product or service data. This obligation applies to DNA and all its employees, owners, and directors for the duration of this Agreement and for one (1) year following termination.
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This Agreement takes effect upon execution and remains in force until terminated by either party upon thirty (30) days’ written notice delivered via email, fax, or certified mail. Termination does not extinguish any accrued obligations or collection activities already in progress.
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This Agreement supersedes all prior or conflicting agreements between the parties. By clicking “I Agree” and submitting information through DNA’s website, CLIENT acknowledges and accepts these terms and conditions and affixes their binding Electronic Signature.
