Click here to confirm acceptance of Terms & Conditions below I AGREE Daniels, Newman & Armstrong, Inc. - Collection Services Agreement Daniels, Newman & Armstrong, Inc., herein referred to as “VENDOR” and you, the party submitting account(s) for collection, herein referred to as “CLIENT”, mutually agree that the collection account(s) placed with the VENDOR are subject to the terms and conditions of the following agreement between VENDOR and CLIENT: 1. All accounts placed from CLIENT will represent valid debts owed to CLIENT by its’ customers. 2. VENDOR 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 VENDOR for collection. 3. VENDOR’s collection activities will be in compliance with all Federal, State, and Local laws and regulations, and be fair, professional and ethical, consistent with the positive image and good reputation of CLIENT. 4. All monies collected by VENDOR on CLIENT accounts will be deposited immediately into a Trust Account maintained for CLIENT disbursements. 5. VENDOR assures CLIENT that there are no service charges or up-front fees associated with VENDOR’S collection services. Fees will be due to VENDOR on accounts CLIENT has submitted to VENDOR for collection upon either party’s receipt of payments. CLIENT authorizes VENDOR 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 instruments, the Net proceeds of which VENDOR shall remit to CLIENT. 6. CLIENT agrees to provide VENDOR with immediate notice on all direct payments, adjustments and disputes received on placed accounts, as well as any and all verbal or written correspondence from any party regarding placed accounts. CLIENT understands that the applicable fee is due to VENDOR on any and all accounts placed with VENDOR for collection regardless of which party receives payment. CLIENT will submit and pay upon receipt any and all commission invoices received from VENDOR for payments made directly to CLIENT. CLIENT acknowledges returned merchandise in lieu of payment will incur a fee equivalent of one-half the percentage at time of collection placement. All accounts cancelled or withdrawn by CLIENT may be charged the full fee per account to recoup costs incurred by VENDOR. 7. VENDOR will not initiate legal action without prior written consent from CLIENT. Should legal action be indicated, VENDOR shall consult with CLIENT and will request a written assignment of account(s) for such action. All accounts authorized by CLIENT for legal action will be handled on a case-by-case basis. 8. CLIENT shall be responsible for up-front filing fees and court costs on accounts placed with VENDOR for collection and referred for legal action at CLIENT’S request. VENDOR will not be obligated to file suit on any account referred by CLIENT if VENDOR deems such recourse will have unprofitable or unfavorable results for CLIENT and/or for VENDOR. Filing fees and court costs must be paid by CLIENT directly to Counsel involved prior to legal action being initiated. 9. CLIENT agrees not to contact or to accept contact from placed account(s) after the account(s) is/are submitted to VENDOR for collection placement. CLIENT shall refer all placed customers to VENDOR so that VENDOR may effectively conduct collection efforts on CLIENT’S behalf. This includes, but is not limited to: payment negotiation, dispute handling, returned goods to CLIENT, or any other form of communication from the account(s) to CLIENT. 10. As further consideration for the receipt and handling and collection of accounts by VENDOR, and for the services rendered to CLIENT by VENDOR, 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 VENDOR. 11. VENDOR 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, shall be treated as confidential by VENDOR, and its employees, owners, and directors throughout the term of this Agreement and for One (1) year following either party’s cancellation of this Agreement. 12. 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 email, fax, or 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. 13. The provisions of this agreement will override any and all contrary or conflicting provisions contained in past or present Agreements. Their duly authorized and empowered representatives enter into this agreement by and between VENDOR and CLIENT the date of your action in electronically submitting information through the website. By clicking on the “I Agree” button and submitting your information to Daniels, Newman & Armstrong, Inc., you agree to these terms and conditions and hereby render your binding Electronic Signature. Submit Case
