This Contract for Services is made effective as of the date entered above, by and between, Diamond Outsourcing of 111 North Orange Ave and owner of company entered above, at (enter your address)


    1. DESCRIPTION OF SERVICES.


    Beginning on the date entered above, Diamond Outsourcing will provide to your company the following services (collectively, the "Services")


    *All dispute letters round one and beyond with standard mail only.

    * Limited Client Management

    Data processing only
    Updating of correspondences
    Updating of credit scores
    Mini credit audit of correspondences
    Completed notes
    Conference with Credit Manager after 90 days to review file for settlement options


    2. PAYMENT. Payment shall be made via credit card or bank transfer. $25.00 *unless a prior discount has been approved and applied* per client per month for dispute letters, price to drop to per month per client once goal has been met.


    CHOOSE PLAN


    Invoice will be sent at the end of each week and payment is to be remitted upon receipt. A credit card verification form and/or ACH form will be sent with agreement to be filled out for auto draft usage on due date.


    “DBA ” shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if , “DBA ” fails to pay for the Services when due, BDA: Diamond Outsourcing has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.


    CHARGEBACK POLICY


    In the event that we receive a chargeback for said Company’s bank, we reserve the right to execute all fraudulent chargeback to the full extent of the law under felony fraud changes as we see fit. If the case of a court proceeding, Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration. The number of arbitrators shall be [one or three]. The place of arbitration shall be the city of contract originator with the client or said company held accountable for the cost of arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.


    By signing this working agreement I authorize the transactions with Diamond Outsourcing LLC, I confirm that I have received and inspected everything that It is correct. I forgo my right to dispute this transaction with my bank and will seek to resolve any issues with the merchant directly or through any other means.


    TERM


    Either party upon 7 days prior written notice to the other party may terminate this Contract.


    WORK PRODUCT OWNERSHIP


    Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by BDA: Diamond Outsourcing in connection with the Services will be the exclusive property of BDA: Diamond Outsourcing. Upon request, , “DBA ” will execute all documents necessary to confirm or perfect the exclusive ownership of BDA: Diamond Outsourcing to the Work Product.


    CONFIDENTIALITY


    BDA: Diamond Outsourcing, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of BDA: Diamond Outsourcing, or divulge, disclose, or communicate in any manner, any information that is proprietary to , “DBA ”. BDA: Diamond Outsourcing and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Company, of these confidentiality obligations which allows BDA: Diamond Outsourcing to disclose COMPANY” confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.


    Full Disclosure Diamond Outsourcing does NOT upload/add any of its intellectual property into any software or emails. If your client is in need of their letters we sent on their behalf, they need to send a written request, notarized, to the original company (a company named on this agreement). Diamond Outsourcing will mail the letters directly to the client in a timely, private manner.


    Upon termination of this Contract, BDA: Diamond Outsourcing will return to Company” all records, notes, documentation and other items that were used, created, or controlled by BDA: Diamond Outsourcing during the term of this Contract.


    WARRANTY


    BDA: Diamond Outsourcing shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in BDA: Diamond Outsourcing's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to BDA: Diamond Outsourcing on similar projects.


    DEFAULT


    The occurrence of any of the following shall constitute a material default under this Contract:
    The failure to make a required payment when due.
    The insolvency or bankruptcy of either party.
    The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
    The failure to make available or deliver the Services in the time and manner provided for in this Contract.


    REMEDIES


    In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have seven days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.


    FORCE MAJEURE


    If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.


    ENTIRE AGREEMENT


    This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.


    SEVERABILITY


    If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.


    AMENDMENT


    This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.


    GOVERNING LAW


    This Contract shall be construed in accordance with the laws of the State of Florida.


    NOTICE


    Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.


    WAIVER OF CONTRACTUAL RIGHT


    The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.


    ATTORNEY'S FEES TO PREVAILING PARTY


    In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.


    CONSTRUCTION AND INTERPRETATION


    The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

    B. DISCLAIMER. You agree to use the below-written disclaimer and to place it conspicuously (i.e., not in a link, or in small font) on any website or other platform that You advertise any Diamond Outsourcing service or opportunity. You must plainly display the following disclaimer language: Disclosure: I am an independent Diamond Outsourcing, not an employee. I receive referral payments from Diamond Outsourcing. The opinions expressed here are my own and are not official statements of Diamond Outsourcing.

    C. NON-DISPARAGEMENT. You agree not to disparage the Company, its products or services or the products or services of any other person or entity, including without limitation any subsidiary, affiliate, employee, contractor, associate or competitor of Diamond Outsourcing. You also agree and understand that this provision will survive the termination of this agreement and that its inclusion was necessary in order the bind the Parties hereto. Violation of this section may result in a termination for breach of this Agreement at the sole discretion of the Company.


    IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written, President for , , and , President for Diamond Outsourcing, effective as of the date first above written.




    Service Provider: Nicole Ashley

     

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