Credit and Debt Collection Blogs

Disclaimer

By using The Credit App, parent company First Builders Financial LLC, you agree to all of the terms and conditions. Further, The Credit App assumes no responsibility for errors or omissions in the contents of the Service. In no event shall The Credit App be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Credit App reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without

prior notice.

This Agreement is made by and between The Credit App, hereafter (“TCA”) parent company First Builders Financial LLC and (“Client”). The client is defined as the business and the person using this service. Use of this service is personally guaranteed by the individual, the business, and the business owners utilizing this service. Every time you visit this app, use its services, or make a purchase, you accept the following conditions. This is why we urge you to read them carefully. By clicking agree or by using this app the parties agree to the following terms and conditions:

1. Client’s Rights and Duties

(a) For collection services and credit reporting, Client shall provide TCA with the debtor’s name, address, telephone number, email address, detailed balance, days since default, date of birth, and relevant documentation (“Account Information”). The more information provided the more accurate the reporting will be.

(b) The Client shall upload only bona fide late payments or defaults. The client shall specifically identify disputed accounts as such upon submission. Client shall not upload any accounts in which the client has broken or not complied with any local, state, or federal laws or its contract terms.

Client shall not upload accounts in which the Client's responsibilities agreed upon in the contract have not been fulfilled. Client shall not upload accounts that Client knows have been included in bankruptcy. If Client becomes aware that an Assigned Claim is disputed or involved in bankruptcy, Client shall provide immediate notice of such dispute or bankruptcy to TCA.

If a lawsuit by Client or debtor on an account results in a counterclaim or cross-complaint against Client or TCA, Client shall be solely responsible for the costs of its defense and TCA's defense including, but not limited to, attorney’s fees and court costs. Client shall fully indemnify and hold harmless TCA against all damages legal or otherwise due to or associated with information that client provides to TCA.

TCA is not responsible for the accuracy of the information that it receives from the Client of the service.

Client shall be responsible and indemnify TCA for all damages that it receives by reporting any data or providing other services on the client's behalf including but not limited to attorney fees and any costs that TCA deems necessary to defend itself from claims made by debtors or others in association with information that client provides to TCA for reporting.

2. TCA’s Rights and Duties

(a) TCA will exert its best effort in providing notification and reporting service on all accounts.

(b) Upon submitting each account, TCA shall send notifications to the debtor via email, text, letter and certified letter.

(c) TCA shall credit report all accounts according to the provisions of the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). When TCA does credit reporting, the Client shall be listed as the original creditor.

(d) TCA reserves the right to cease collection services and/ or credit reporting for a client for any reason. There are no refunds for this service for any reason.

(e) TCA cannot guarantee the accuracy or acceptance of credit reports provided to credit agencies. The client is solely responsible for the accuracy of the information it provides TCA.

3. Schedule of Fees: Clients shall be charged $149 per debtor the Client wishes to report.

4. Indemnify

(a) The Client agrees to defend, indemnify, and hold harmless TCA and its employees, agents, officers, owners, directors, shareholders, affiliates, and attorneys from any claims, losses, damages, and suits, including but not limited to reasonable attorney’s fees, it/they may suffer arising out of or related to Client’s use of this service.

5. Privacy Policy

Before you continue using our service, we advise you to read our privacy policy regarding our Client data collection. It will help you better understand our practices.

6. Copyright

Content published on this app (digital downloads, images, texts, graphics, logos) is the property of The Credit App and/or its content creators and is protected by international copyright laws. The entire compilation of the content found on this app, excluding data that is uploaded by the client, is the exclusive property of The Credit App, with copyright authorship for this compilation by The Credit App.

7. Communications

The entire communication with us is electronic. You hereby consent to receive communications from us. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

8. Client Account

If you are an owner of an account on this app, you are solely responsible for maintaining the confidentiality of your private Client details (Client name and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content, and cancel orders at our sole discretion

9. Miscellaneous

(a) This Agreement may be amended by TCA at any time without notice.
(b) This Agreement shall be governed by the laws of the State of Texas. For any lawsuit invoking or contesting the terms of this Agreement, the venue shall be Dallas County.
(c) If any provision or condition in this Agreement shall be invalid, illegal, or unenforceable under the applicable law of mandatory application, the validity, legality, and enforceability of that provision or condition in other instances and of the remaining provisions shall not in any way be affected thereby.

Signature is only necessary if Client chooses to download, print and submit Terms and Conditions in lieu of accepting the same via the app acceptance process. If you do not agree to these terms and conditions do not use this service.

CLIENT AGREEMENT for but not limited to mechanics lien services. This section of the agreement does not exclude or negate the aforementioned Terms of Service. THE CREDIT APP helps business owners get paid through the effective use of each state’s lien process. TCA does not directly file liens itself.

TCA intends to provide the following as a contract service: project and legal party research and verification, construction lien notices for documented delivery, and if needed, execution of recorded information concerning construction projects. Our services are not intended to provide legal advice or to be a statement of applicable laws, rules, statutes, or regulations.

Use of THE CREDIT APP is not a substitute for knowing and complying with the law. TCA is not a law firm and does not provide legal advice. Consult an attorney if you have any questions concerning the law or a particular project.

BY USING THIS SERVICE, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

1. CLIENT RESPONSIBILITY: As Client, you agree to provide the following on www.thecreditapp.org for all services:

Property Address and description of equipment, labor, materials, or services contracted for with starting/completion date.
Project’s Owner's name, address, phone number, fax number.
Project’s Client name, address, phone number, fax number.
Project’s General name, address, and phone number.
Estimated and/or final cost of equipment, labor, materials, or services contracted for.

2. ORDER DEADLINES AND PROCEDURES. As a Client, you are responsible for the accuracy of the project information provided to us. THE CREDIT APP will not attempt to verify project information with stated parties via phone or email. THE CREDIT APP will also not verify Property Owner information through the publicly available records. Accordingly, THE CREDIT APP makes no warrants as to the accuracy of any information provided by any or all third parties.

3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CREDIT APP, ITS AGENTS, OWNERS, AND EMPLOYEES, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY DAMAGES OF ANY KIND ARE AWARDED, YOU AGREE THAT THE MAXIMUM AMOUNT OF SUCH DAMAGES SHALL BE THE ORIGINAL LISTED PRICE OF THE SERVICE PROVIDED. CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CREDIT APP, ITS OWNERS, AND EMPLOYEES FOR ANY AND ALL DAMAGES INCURRED INCLUDING LEGAL COSTS THAT CAN BE ATTRIBUTED TO THE CLIENT'S USE OF THE SERVICE.

4. MISCELLANEOUS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Since THE CREDIT APP is a Texas LLC, this Agreement shall be governed by and construed under Texas law as if this Agreement had been entered into by Texas residents and fully performed within Texas. Clients shall be charged a flat fee of $ 249 per lien that they wish to record. The fee covers the attempt to file the lien. If the lien is rejected for any reason or if the debtor pays the account off before the lien is recorded then there will be no refund.

THE CLIENT ACKNOWLEDGES THAT THEY ARE AWARE AND UNDERSTAND THE MECHANIC’S LIEN LAWS IN THEIR STATE AND LOCAL MUNICIPALITY. THE CREDIT APP IS NOT RESPONSIBLE FOR ENSURING THAT THE MECHANIC’S LIEN IS FILED CORRECTLY OR LEGALLY. THE CREDIT APP ONLY PROVIDES THE PAPERWORK, NOTIFICATIONS, AND FILING.

ALL INFORMATION ON THE MECHANIC’S LIEN IS THE DOING AND THE PROPERTY OF THE CLIENT. Failure to comply with applicable laws and regulations in your jurisdiction may result in the lien being rejected or potential legal consequences. CLIENT SHALL INDEMNIFY TCA ITS OWNERS AND EMPLOYEES FOR ANY PENALTY RELATED TO A LIEN THAT IS FILED INCORRECTLY. THERE WILL BE NO REFUNDS IF THE LIEN IS REJECTED FOR FILING.

This privacy policy sets out how THE CREDIT APP uses and protects any information that you give when you use this app.

THE CREDIT APP is committed to ensuring that your privacy is protected. Any identifying information we request will be used solely under this privacy statement.

THE CREDIT APP may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from April 25, 2020.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postcode, preferences, and interests
• other information relevant to Client surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How do we use cookies?

A cookie is a small file that asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our App to tailor it to Client needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the App.

Links to other websites

Our App may contain links to other Apps of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other App. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the App in question.

Disclosure for Law Enforcement

Under certain circumstances, The Credit App may be required to disclose your Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

The Credit App may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of The Credit App
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of Clients of the Service or the public
• To protect against legal liability