Terms and Condition
The types of services we will be providing you include, without limitation, reorganization of your business entity; establishing multiple Credit Accounts on behalf of you and/or your business; and general business consulting for the purpose of this letter agreement, “credit Accounts” means credit lines, credit cards, credit facilities, accounts, loans or similar financing mechanisms, which may be secured or unsecured, guaranteed or not, or established through your business or person/s. Orange Financial, LLC will be providing you with business consulting and financing services for an initial term of 6 months from the date this letter is signed by you. This term will automatically have extended for an additional period of 6 months if our services continue beyond the initial term. You may terminate our services only upon our failure to perform as agreed for not less than 30 days. In order to provide you these services, we may evaluate your creditworthiness by obtaining a credit report or background information about you and/or your business from other appropriate sources. Accordingly, you will be asked to complete an application detailing certain personal, business, and financial information, and you agree to take any other actions reasonably requested to assist us in obtaining information and credit opportunities as may be required. You will not be required to pay us an up-front fee. One of our goals is to help you obtain an expectable amount of funding for your individual business needs. You agree that fees or any other amount due may be automatically deducted via ACH or electronic/substitute check to your bank account by us. You acknowledge that these fees are nonrefundable once we have met the minimum threshold for charging the respective fee. The below paragraphs describe our conflict resolution procedures to which you agree. 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 of us. Further, you will provide guaranties and/or collateral at such times and to such extent as necessary for the established Credit Accounts. All billings will be made in accordance with the Fee Policy Statement, and you agree it is a material basis of, and incorporated into, this letter agreement. Please carefully review the Fee Policy Statement and contact this office immediately to discuss any questions you might have. Although we ask that you sign and return a copy of this letter, please understand that even if you do not do so, your acceptance of our services constitutes your acceptance of the terms of this correspondence and the accompanying policies for the duration of our engagement. However, if you breach any this or any other agreement between you and us, you agree to pay us a liquidated damages in the amount of the fee that would otherwise be charged had we met our proposed funding, minus any fees actually paid by you.
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 Orange Financial, LLC its subsidiaries, and affiliates, and each of their successors, licensees, distributors, and assignees and their respective officers, owners, executives, employees, attorneys, and other agents, 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 you of any agreement between you and us. 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 Broward County, Florida. If we are required to bring an action or otherwise spend time attempting to collect amounts due us for services rendered, you will also be responsible for our costs and reasonable attorney's fees, if we prevail in such proceedings. This letter shall be governed by the internal laws of the State of Florida. This is the complete and final expression of our agreement with regards to your retention of us and our services to you. No amendment of this letter is effective unless made in writing and signed by you and us. If any provision of this letter is 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 10 days prior written notice will be reasonable. If you are a company, you and the undersigned represent and warrant that the signatory hereunder is authorized to execute this letter on your behalf and there are no further company proceedings or authorizations necessary prior to its enforcement. We thank you in advance for the opportunity to be of assistance to you and look forward to working with you. Should you have any questions, please feel free to contact us.
This Fee Policy Statement (“Policy Statement”) describes how we, Orange Financial, LLC bill for services and details our policies and procedures as they relate to the provision of services to clients. We believe that we can serve our clients better if they know about our policies at the beginning of our engagement. 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. We may, and generally will, apply for credit lines on behalf of our clients at banks and institutions who may report to the credit bureaus. We cannot guarantee that such banks or institutions will not report to our clients personal credit or business credit. These decisions and their impact on our clients credit either positive or negative are completely out of our control. Our fees are not contingent on our clients needs for financing or lack thereof. Accordingly, clients may not cancel, withdraw, 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 and fees owed. Once the aggregate credit limit is achieved, fees shall be considered fully earned and non-refundable. We bill our clients automatically using an ACH (Automated Clearing House) or credit card payment authorization or electronic/substitute check provided or approved by the client. All amounts due and owing are billed upon verification of newly established accounts on behalf of the client with the requisite aggregate credit lines. If we are unable to collect fees due for any reason, we will attempt to ACH or electronic/substitute check the clients bank account up to 3 times. Balances unpaid after 3 attempts will accrue interest at an annual rate of 15%, compounded daily. We may suspend or terminate our services if any statement is left unpaid for more than 15 days. All unpaid charges at the expiration or termination of services will become immediately due and payable. Additionally, we may automatically ACH or electronic/substitute check up to $1000 on a client’s bank account for fees associated with accessing his or her credit reports and/or membership to various credit/banking organizations. Upon a client’s failure to pay fees when and as due, we will provide the client with 5 days written notice, at the end of such time we may suspend our services until all fees are paid. Additionally, we may terminate our services if provision of such services would be unlawful or our services have remained suspended for more than 10 days due to failure to pay fees. If we elect to terminate our services, clients will not be entitled to a refund or return of any funds paid to us.