Terms and Conditions

By signing up with Managed Credit Services, Inc., you agree to the following Terms of Service:

This Terms of Service document (this "Agreement") constitutes a legally binding contract between Managed Credit Services, Inc. and the person or organization (the "Client") who submits an order for services or who pays for services from (the "Client"). Managed Credit Services, Inc. may change this Agreement at any time by posting a revised version of the Agreement on its website and such change will be effective at any time after the Client is advised of the change and continues to use or pay for the Services.

 

1. Services

Managed Credit Services, Inc. will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the Managed Credit Services, Inc. website. The Client will pay for the Services at the price indicated in the order. Managed Credit Services, Inc. may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after Managed Credit Services, Inc. posts the change on its website. All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in United States dollars via credit card or other payment method acceptable to Managed Credit Services, Inc.. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client's profile and to update such contact details as they may change.

 

2. No Guarantee of Results

The Client acknowledges that Managed Credit Services, Inc. does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of Managed Credit Services, Inc. and for which Managed Credit Services, Inc. will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify Managed Credit Services, Inc. and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of Managed Credit Services, Inc. under this Agreement.

 

3. Use of Client Data

Client agrees that Managed Credit Services, Inc. may use data collected from the Client only as permitted by the Managed Credit Services, Inc. Privacy Policy and Managed Credit Services, Inc. agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein.

4. Description of Services

The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:

1. Online credit management  tools and services;

Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.

5. Billing Policy

The Services will commence on the date Client's order is accepted by Managed Credit Services, Inc. (the "Effective Date")

Ninety Day Money-Back Guarantee. In addition, any Client may receive a refund of 100% of the amount paid if Client terminates the Services within ninety (90) days or less after the Effective Date subject to the terms of the refund policy.

6. Termination

Client may terminate this Agreement within three (3) business days from the Effective Date.

7. Notice

Managed Credit Services, Inc. may give notice to Client of any matter under this Agreement (a) orally, by calling Client's representative or by leaving a voicemail for Client's representative at the telephone number in Client's profile, (b) by email to the email address provided by Client in Client's profile, or (c) by regular mail to Client's mailing address in Client's profile. Client may give notice to Managed Credit Services, Inc. by regular or certified mail to the following address:

Managed Credit Services, Inc.
4301 William Cannon Dr.
Suite B 150-145
Austin, Tx. 78749

Provided, however, that Client may give notice of termination by calling Managed Credit Services, Inc. at 1-888-859-0991.

8. Miscellaneous

1. Indemnification. Client will indemnify and defend Managed Credit Services, Inc. against any third-party claim, action, suit, or proceeding arising out of or relating in any way to any alleged breach of this Agreement by Client. Managed Credit Services, Inc. will indemnify and defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of this Agreement by Managed Credit Services, Inc.. In connection with any request for indemnification under this Agreement, the indemnified party must: (i) give the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) grant control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperate with the indemnifying party at the indemnifying party's expense.

2. Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF Managed Credit Services, Inc. UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL Managed Credit Services, Inc. BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Managed Credit Services, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Managed Credit Services, Inc. WOULD NOT ENTER INTO THIS AGREEMENT.

3. Miscellaneous. This Agreement shall be governed solely by the laws of the State of Texas, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Texas, with sole venue in the courts located in Travis County, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Managed Credit Services, Inc.. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Services or this Agreement. Neither party may waive any right hereunder except expressly and in writing. This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.