We, Sprout Financial, are pleased to offer financing and consulting services to your business. Business relationships work best when there is a mutual understanding about the scope of services to be provided. Accordingly, the following represents a binding agreement and sets forth our Terms of Service.
Sprout Financial is not a Lending Institution. The types of services we provide include, without limitation; reorganization of your business entity, assisting with the establishment of multiple credit accounts on behalf of you and/or your business and general credit education. For the purpose of this letter agreement “Credit Accounts” means; credit lines, credit cards, credit facilities, accounts, loans or similar financing mechanism, which may be secured or unsecured, guaranteed or not, or established through you personally or your business.
Sprout Financial will be providing you with credit account and financing services and/or business credit establishment services. You may terminate our services only upon our failure to perform as agreed for not less than thirty (30) days.
If applicable, Sprout Financial will use best effort to help you acquire credit lines that offer promotional rates of zero percent (0%) interest typically for 12-18 months and we will make best efforts to provide accurate rate information with regards to new credit accounts. We make no guarantees as to the interest rates or terms in which credit may be granted to our clients by lenders and other financial institutions.
In purchasing business credit services, you understand that once logged into the software, Finance Suite, that no refunds of any kind will be issued. In case of a default on payment, you will lose access to the software until payments are brought current. You also understand that business credit services, also called Business Credit Builder, is a software education program comprised of steps that require your involvement to complete. Some of these steps may require you to purchase third-party services as needed. Such third-party services include but are not limited to a business phone number, website, and business credit monitoring.
Our services are not contingent on our clients’ needs for financing or lack thereof. Accordingly, clients may not cancel, withdraw, and intentionally cause to be denied, or fail to follow through on a credit application unless given permission in writing by us. Additionally, if a client does not provide us with an approval or denial letter from the lender within 30 days of submitting an application for credit, such application will be deemed approved and we will include the requested amount in calculating total credit obtained.
I hereby give Sprout Financial authority to apply for credit lines on your behalf at banks and institutions who will likely report to the credit bureaus. Banking institutions may OR may not create an impact on our clients’ credit, either positive or negative, which is completely out of our control.
We expect to help position your Experian/Fair Isaac credit score and, thereby, optimize your borrowing power. In order to provide you these services, we may evaluate your credit worthiness by obtaining a credit report or background information about you and/or your business from other appropriate sources.
Due to the nature of our services, you agree to not apply, establish or cause the opening of new Credit Accounts or modify your existing Credit Accounts during our engagement term without the prior written consent from us. Further, you will provide guaranties and/or collateral at such times and to such extent as necessary for the established Credit Accounts.
You specifically acknowledge that you are solely responsible for payment of any debts incurred through the Credit Accounts and waive any claims against us. Further, you hereby agree to indemnify, defend and hold; Sprout Financial, its subsidiaries, affiliates, each of their successors, licensees, distributors, assignee’s, their respective officers, owners, executives, employees, attorneys harmless from and against any and all claims, actions, judgments, damages, losses, penalties, liabilities, costs and expenses of whatever kind and nature imposed on, incurred by, or asserted against us or the foregoing parties arising out of or in connection with the services provided by us or any breach by the you of any agreement between you and us.
Sprout Financial shall not be held liable to the borrower or to third persons for any loss or damage occurred by the use of credit, funds, and/or other financing obtained through the use of our services. By entering this agreement you acknowledge that any credit, funds, and/or other financing will not be used for an improper or illegal purpose and that you enter into this agreement without the intent to utilize Sprout Financial services for an improper or illegal purpose.
We agree that all disputes arising out of our engagement shall be brought before a neutral mediator. If the parties are still unable to reach an amicable solution, each party shall submit to binding arbitration in Maricopa County, Arizona. If we are required to bring an action or otherwise spend time attempting to collect amounts due to us for services rendered, you will also be responsible for our costs and reasonable attorney's fees, if we prevail in such proceedings.
All communications, verbal, written, or otherwise, between the company and the client shall be deemed confidential. The client shall not, during the term of this agreement or after the termination of this agreement, disclose any communications between the company and the client to any third party, except with the prior written consent of the company. Furthermore, the client agrees to refrain from making any disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as disparaging, slanderous, or defamatory, that may potentially result in harm to the company’s financial condition and/or reputation among the public at large. This provision shall remain in effect even after the termination of this agreement. Violation of this provision shall constitute a material breach of this agreement.
This agreement shall be governed by the internal laws of the State of Arizona. No amendment of this agreement is effective unless made in writing and signed by both parties. If any provision of this agreement is deemed unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable.
Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to your and our last known address. Notice to one party will be deemed to be notice to all parties. Where a notice is required, we agree that ten (10) days prior written notice will be reasonable.
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