This agreement is intended to be a binding contract by and between Big Dreamz Solutions (hereinafter “BDS”) and the undersigned client (hereinafter “Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to BDS is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of BDS as set forth herein, and that he/she will not use any of the services of RPS or any information provided by BDS for any unlawful purpose.
The term “tradeline” technically refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline. The act of adding Client to another person’s tradeline consists of adding Client as an “Authorized User” on that person’s line of credit, resulting in the tradeline also appearing on Client’s credit bureau report.
BDS agrees to identify one or more tradelines (as indicated in the “Tradeline Order” clause below) on behalf of Client and perform all functions necessary to have Client added to those tradelines as an “Authorized User” before the date of the first billing statement following the date of this agreement for each tradeline. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines for two (2) billing/posting cycles for each tradeline after being added thereto, after which he/she will be removed therefrom. Accordingly, it is the understanding and intent of the parties that Client will maintain “Authorized User” status on each tradeline for two billing statement dates, and that Client will receive two consecutive postings of each tradeline to his/her credit bureau report and this “Authorized User” status shall be reported by two (2) or more credit bureaus. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. BDS shall coordinate with BDS Credit Partners to ensure the authorized user is added to the tradeline within two (2) business days, excluding weekends and bank holidays. BDS Credit Partners shall maintain low balances on their tradelines (10% or less of the total tradeline) and shall keep the accounts in good standing with on time payments. FEES: Client agrees to pay, and BDS agrees to accept as compensation, the non-refundable fee specified in the “Tradeline Order” clause below. Client understands and agrees that this fee is to be paid in full prior to the commencement of any work or delivery of any services by BDS. Client understands and agrees that no work will be performed by BDS until it has received the entire fee, and that all fee payments received are to be considered earned upon receipt and non-refundable. Consequently, Client agrees that any partial fee payments received will not be refunded to Client in the event Client fails to pay the remainder of the fee, although Client will retain the right to pay the remainder of the fee and receive the services of BDS for up to one year from the date of this agreement. Client further understands and agrees that after one year from the date of this agreement, any partial fees paid by Client shall be forfeited to BDS. Client further agrees that in the event any method of payment is returned or declined for any reason, BDS may remove that Client from any tradeline to which that Client has been added until such time as that payment has been replaced with good funds.
The parties agree that in the event Client’s authorized user status has not posted to two (2) of the credit bureaus in accordance with the “Services Provided” clause above, RPS shall refund the Client’s fees to him/her within seven (7) days of the date it receives written proof from the Client of BDS’s non-performance, provided such written proof is received by BDS by email or text message within twenty-one (21) days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon RPS. It is further understood and agreed that BDS shall not be bound or obligated to issue a refund or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than email or text message as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith.
Client hereby grants to BDS full authority to use his/her information for the sole purpose of adding him/her to the selected tradeline, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Client authorizes BDS to perform any and all acts necessary to accomplish the goals of this agreement and agrees to execute any and all documents necessary to facilitate BDS’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Client further authorizes BDS to verify and validate through a professional third party verification service of BDS’s choice all information provided from the client including but not limited to driver’s license information, social security number, date of birth, full legal name, address, phone number, and any other information provided to BDS. USE OF PERSONAL INFORMATION Client agrees to provide to BDS any and all personal information necessary to allow BDS to add that Client to the specified tradeline, including but not limited to color copies of Client’s driver’s license, passport, and social security card. BDS agrees that it will use any personal information received from Client solely for that purpose. BDS will not use that information for any other purpose, nor will it sell, release, or allow access to that information to any third party not involved in adding Client as an Authorized User, except to the extent necessary to accomplish the goals of this agreement and to remain in legal compliance.
Client agrees that he/she shall not use, provide, or submit to BDS, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, BDS shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by BDS). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to BDS shall not be refunded to Client, but shall be retained by BDS and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that BDS’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that BDS does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
Client understands and agrees that there exists an inherent risk in providing his/her personal information to BDS, and BDS in turn providing that personal information to third party credit partners on Client’s behalf. Client therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Client further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement. Additionally, Client understands there are risks to being associated with someone else’s tradelines as an Authorized User including but not limited to the possibility of the credit partner defaulting on their tradeline, the possibility of the credit partner over utilizing their spending on their account by owing more than 10% of their tradeline, the possibility for the credit partner to sustain a credit line decrease, and the possibility for the tradeline to be closed. In any of these unexpected scenarios BDS shall issue the Client a full refund and BDS shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
Client agrees to permanently and irrevocably release BDS and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by BDS, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
Client shall fully indemnify, hold harmless and defend BDS and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to BDS, any misrepresentation made to BDS, or the provision of any false, fraudulent, illegal or unauthorized information to BDS, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit. DISCLAIMER Client understands and agrees that any and all products and services offered by BDS are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that BDS does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from BDS will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, and that in any such event BDS shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by BDS). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to BDS shall not be refunded to Client, but shall be retained by BDS and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that BDS’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that RPS does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that BDS reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify BDS for any fines or other penalties of any kind that BDS may incur as a result of Client’s failure or refusal to cooperate with any such investigation.
Client understands and agrees that BDS cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client’s credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by BDS or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that BDS may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Client.
Client agrees that any liability on the part of BDS for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of BDS, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to BDS under this agreement. Client further agrees that BDS shall not be liable for the acts or omissions of any third party, including but not limited to our credit partners, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by BDS.
Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against BDS more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.
The parties further agree that any and all actions, proceedings or litigation brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, shall be initiated in San Diego County, California and shall be decided in accordance with the laws of the State of California.
The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the nonprevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege. SEVERABILITY It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supersedes all other verbal or written agreements made prior to or concurrent with this agreement.
It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
: Client authorizes and directs BDS to identify and add him/her to the following tradelines being purchased in this order.
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