SERVICE AGREEMENT

This SERVICE AGREEMENT (“Agreement”) is made effective on the date accepted electronically by and between Dovly, Inc. (“COMPANY”) and the user acknowledging this Agreement (“Client” or “you”) under the terms and conditions set forth below.

1.         Purpose. The purpose of this Agreement is for you to engage COMPANY in the Challenging of Disputed Items on your Credit Report that you identify as inaccurate, misleading, incomplete, outdated, or unverifiable. You acknowledge that you have engaged the services of COMPANY to provide credit dispute services. You are taking steps to better your credit rating.

2.         Scope of Services. You will engage COMPANY to manage, Send, and maintain Dispute Letters to the Credit Bureaus or your Creditors based on information provided to COMPANY by you. To this end, COMPANY will create, manage, Send, and maintain Dispute Letters on your behalf. COMPANY will continuously track, review, and analyze your case. For each round, COMPANY will modify and prepare the Dispute Letters based upon the results from the Credit Bureaus.  If you do not make selections of Disputed Items on COMPANY’S client portal as provided in Section 2.1 below, COMPANY will provide credit monitoring services as provided in Section 2.5 below in respect of the fees hereunder.

            2.1. Information by Client. You will inform COMPANY of any Disputed Items on your Credit Report by making corresponding selections on COMPANY’S client portal.

            2.2. Dispute Letter Delivery. COMPANY will collect information from your Credit Report and, based on the information provided by you and the selections you made on COMPANY’s client portal, will draft and Send Dispute Letters on your behalf. COMPANY will Send your Dispute Letters along with your Identity Verification Documents to the Credit Bureaus and/or Client’s Creditors. Each Dispute Letter will be sent in your name and on your behalf.

            2.3. Continued Delivery. COMPANY will Send Dispute Letters at monthly intervals to the Credit Bureaus and/or your Creditors. The monthly service fee covers drafting and sending Dispute Letters. You understand that the Credit Bureaus will mail you result letters, and you will forward those result letters to COMPANY via COMPANY’S client portal.

Prior to sending the Dispute Letters, COMPANY may contact you via email, telephone, text message, online alert, and/or ringless voicemail in order to request more information, including, but not limited to additional documents, additional information, or any recent developments that may provide beneficial to your credit repair process. The additional information provided by you will allow COMPANY to modify our existing approach, including, but not limited to the reasons for your disputes.

Although we encourage you to provide as much information as possible at your initial enrollment and throughout the dispute process, the law only requires enough information for a Credit Bureau to identify you and that your dispute request be clear, complete, and unambiguous.

Notwithstanding the foregoing, for clients in certain states, a renewal contract will be sent to you prior to the 180-day expiration required by the law of such states in order to continue our services.

            2.4. Updates to You. COMPANY will provide you with Dispute Correspondence updates through COMPANY’s online tracking system; therefore, it is your responsibility to regularly check COMPANY’S client portal for ongoing communications.

            2.5. Credit Monitoring. COMPANY may periodically request information from the Credit Bureaus related to your credit profile, including, but not limited to information regarding trade-line activity, inquiries, and any changes in your credit score, and make such information available to you via COMPANY’S client portal.

3.         Charges for Services. You understand and agree that you will be charged for all costs and fees associated with this Agreement. You agree to pay COMPANY the fees associated with the service package selected during enrollment.

Under this Agreement, Company never charges before any services are fully performed. Fees are collected on a monthly basis, but only for services previously provided. While the amount of work performed may vary from month to month, your monthly fee for additionally elected months will remain the same and will be collected only for services previously and completely rendered.

Because fees are charged after rendering services, fees are generally not refundable. Charges will be processed on or about the same day of each month until you elect to cancel service. For example, if a fee for services was charged on the seventh of the month and you choose to continue for another month, the fee for that month will be charged on or about the seventh of the next month for work previously and fully rendered. (The specific day of the month may vary slightly due to weekends and holidays.) Depending on which payment method you have selected, fees will either be charged to your credit or debit card or drafted from your bank account.

You authorize COMPANY to substitute additional payment methods provided by you in the event any fee or charge authorized by this Agreement is not honored upon first presentment by COMPANY. You grant COMPANY permission to withdraw any fee or charge authorized by this Agreement from your credit or debit card or bank account and to verify your account information.

4.         Client Obligations. You understand that you must cooperate and abide by the terms in this Agreement in order to obtain favorable results. You shall provide COMPANY with the information necessary to make a fair and reasonable interpretation of your credit history. You shall not make any representation to COMPANY which is untrue or misleading with respect to your credit worthiness, credit history, transactions or basis for disputing any information reported on your credit report files.

            4.1. Providing Identity Verification Documents. You agree to provide COMPANY Identity Verification Documents within three (3) calendar days of accepting this Agreement.

            4.2. Forwarding of Communication. You further agree that you will promptly forward to COMPANY any and all communication sent to you by any of the Credit Bureaus or Creditors.

            4.3. Continued Payment of Debt. You understand that this Agreement does not in any way authorize or encourage you to stop paying your Creditors.

            4.4. Change of Information. You will provide an accurate home address and working home, work, and/or cell telephone number, and notify COMPANY in writing immediately of any change of your home address or home, work, and/or cell telephone number.

            4.5. Confidentiality. You acknowledge that by reason of your relationship to COMPANY hereunder, you will have access to certain information and materials concerning COMPANY’s business that are of substantial value to COMPANY. This value would be impaired if such information were disclosed to third parties. You agree that you shall not use in any way for your own account or for the account of any third party, nor disclose to any third party, and such confidential information revealed to you by COMPANY.

5.         Client’s Breach. You understand and acknowledge that you will be considered in breach of this Agreement if you fail to pay your debt.

6.         Result/Expected Time Frame. You understand that COMPANY does not and cannot guarantee results within a specific time frame, or a particular credit report outcome or result, nor predict how long it will take to clear away Disputed Items, if at all.  Despite COMPANY’s efforts, Credit Bureaus or Furnishers may not respond to initial or subsequent Communications and ultimately Credit Bureaus may not remove items from your consumer credit files if Furnishers choose to and are able to verify the items. The estimated time for completion of our services is one hundred and eighty (180) days, but the length of time you may wish to engage COMPANY will likely depend on a variety of factors, such as:  your individual credit goals, your timely participation, the complexity of your situation (e.g. the type and number of unfairly or inaccurately reported credit information subject to substantiation), initial and subsequent positions taken by a particular Furnisher or Credit Bureau regarding an affected credit report item, new information added to your credit profile during the period of time for which you are enrolled with COMPANY, changes to your initial credit goals, and other related factors.  This Agreement continues from month to month.  You are advised to review your situation at least each month and determine whether you wish to continue COMPANY’S services or cancel.

7.         Disclosure to Third Party Affiliates. You acknowledge and agree that COMPANY may forward your information to third party affiliates.

8.         Designation of Agency. Concurrent with this Agreement, you will execute a Limited Power of Attorney and Credit Authorization granting COMPANY the right to obtain your Credit Report and to engage in communication with the Credit Bureaus on your behalf.

9.         Governing Law and Jurisdiction. This Agreement shall be governed by and construed according to the laws of the State of Arizona, as applied to agreements solely made therein.

10.       Arbitration. BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT, EXCEPT AS PROVIDED, ANY AND ALL CLAIMS AND DISPUTES AND CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER PAST, PRESENT, OR FUTURE, OR ANY MATTER OF FACT, LAW, BACKGROUND, CIRCUMSTANCE, OR OTHER MATTER OF ANY KIND WHATSOEVER RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION AT A LOCATION WHICH IS REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES. IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, THE DETERMINATION SHOULD BE MADE BY THE INDEPENDENT ADR INSTITUTION OR BY THE NEUTRAL ARBITRATOR. YOU FURTHER ACKNOWLEDGE AND AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND COMPANY ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS, AND THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST COMPANY IN A COURT OF LAW. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE      AMERICAN ARBITRATION ASSOCIATION. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW. SUCH A DECISION SHALL INCLUDE THE PAYMENT OF ALL FEES AND COSTS OF THE PREVAILING PARTY. THE DETERMINATION FOR THE “PREVAILING PARTY” SHALL BE MADE BY THE ARBITRATOR OR ARBITRATORS. THE DECISION BY THE ARBITRATOR OR ARBITRATORS SHALL BE FINAL AND BINDING ON ALL PARTIES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION FOR  ENFORCEMENT.

ALTHOUGH THE CREDIT REPAIR ORGANIZATION ACT (CROA) AND CERTAIN STATE LAWS PROVIDE FOR A “RIGHT TO SUE”, THE SUPREME COURT HAS RULED THAT LAWSUITS BROUGHT UNDER CROA CAN BE SUBJECT TO A MANDATORY ARBITRATION PROVISION.

11.       No Legal Advice or Services Provided. COMPANY is prohibited from engaging in the practice of law or from providing legal advice to you. Such services are permitted only by licensed, practicing attorneys. COMPANY accepts no liability, nor responsibility for any damage or loss caused by your use or misuse of the information provided.

12.       Retention of Contract. Unless a longer time period is prescribed by your state’s applicable law, COMPANY shall maintain on file, for a period of two (2) years after the date this Agreement is accepted, an exact copy of this Agreement, including records of your receipt and acceptance thereof.

13.       Notices. Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage prepaid, email, fax, return receipt requested or by recognized overnight Delivery service. If to COMPANY, at its principal place of business or if to you, at the provided address.

14.       Communications. You grant COMPANY express consent and permission to contact you through the use of an automatic telephone dialing system, automated or prerecorded messages, SMS messages, or email messages.

15.       Release from Liability. You hereby expressly waive any claims, and agree to release, indemnify and hold COMPANY, its affiliates and their respective agents, employees and/or assigns, harmless for any and all claims (including reasonable attorneys’ fees) or causes of action which arise out of the performance of the credit repair services, unless the action arises from a failure to comply with the Credit Repair Organization Act or your state’s laws governing credit repair services, and you agree that your sole legal right or claim for damages against COMPANY, its affiliates or any of their respective agents, employees or contractors will be to arbitrate your claims pursuant to Section 10 of this agreement.

16.       Severability. If any provision of this Agreement is held to be invalid, then the remaining provisions shall nevertheless remain in full force and effect.

17.       Legal Expenses. Each party shall be responsible for his, her, or its own legal expenses, which includes attorneys’ fees and costs.

Notwithstanding the foregoing, for clients in certain states under the prevailing law of such states, the court or arbitrator may have discretion to determine responsibility for costs.

18.       Privacy Policy and Terms and Conditions. COMPANY may use your personal information to the extent necessary for COMPANY to provide services hereunder and as allowed by COMPANY’s Privacy Policy. Please refer to COMPANY’S Privacy Policy and Terms and Conditions. Provisions in this Agreement shall control with respect to any conflicting provision(s) found between this Agreement and the Privacy Policy and Terms and Conditions.

19.       Cancellation. You may suspend or cancel this Agreement at any time in a number of ways, including: (1) signing and mailing to COMPANY one of the Notices of Cancellation provided below or (2) sending COMPANY a written request. COMPANY honors all cancellation requests without condition or charge that are sent to COMPANY within the first five (5) days of the date of this Agreement. It may take up to three (3) business days from the day COMPANY receives your request to process it. After the five (5) day period mentioned above, any fees that were charged prior to cancellation may not be refunded.  Once COMPANY’S services are canceled, you authorize COMPANY to destroy your file in accordance with applicable law and COMPANY’S retention policy.  You may request copies of your file for as long as is required by law.

20.       Registered Agent. COMPANY’s registered agent authorized to receive service of process is Incorp Services, Inc., 1910 Thomes Ave Cheyenne, WY 82001.

21.       Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.

22.       Definitions. In addition to the terms defined elsewhere in this Agreement or in any Exhibit or Schedule herein, when used in this Agreement, the following terms shall have the following meanings (such meanings shall be equally applicable to the singular and plural forms of the terms used, as the context requires):

“Challenge” or “Challenging” shall include the drafting and Sending of Dispute Letters to Credit Bureau or your Creditors to dispute information which you identify as inaccurate, technically accurate but misleading, incomplete, outdated, or unverifiable.

“Communications” means written or electronic communications to Credit Bureaus and/or Furnishers.

“Credit Bureaus” means, collectively or individually, Experian, Equifax, and TransUnion.

“Creditor” means a person, company, or entity to which you owe money and whose name appears in your Credit Report.

 “Credit Report” is a report containing detailed information on a person’s credit history, including identifying information, credit accounts and loans, bankruptcies and late payments, and recent inquiries.

“Dispute Correspondences” is correspondences sent to you by COMPANY displaying the results of the Dispute Letters.

 “Dispute Item” includes any item which you identify as inaccurate, technically accurate but misleading, incomplete, outdated, or unverifiable on the date of the acceptance of this Agreement.

“Dispute Letters” are letters developed and created by COMPANY to be sent on behalf of you to the Credit Bureaus. Each letter will be in your own name, signed on behalf of you by COMPANY.

 “Furnishers” means one or more credit report information furnishers (for example, creditors, debt collectors, and banks).

“Inaccurate Information” is that information which you identify as incorrect, untrue, or erroneous.

“Incomplete Information” is that information which you identify as not complete. This can mean information that is missing dates, amounts, or character of the debt.

“Identity Verification Documents” includes a copy of your driver’s license, utility bill, W-2, tax returns, ID card, US passport, proof of your residence, or social security card.

“Mail”, “Mailing”, “Send” “Sent” or “Sending” means the use of first class U.S. Mail, Facsimile, Email, or other electronic transmittal to deliver Dispute Letters to the Credit Bureau and/or your Creditors.

“Outdated Information” is that information which you identify as being obsolete and not subject to further inclusion in your credit report.

“Technically Accurate but Misleading” is that information which you identify as correct but which contains questionable information about the date, amount, or character of the debt.

“Unverifiable Information” is that information whose source or origin is not verifiable by the creditor.

YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION AT ANY TIME BEFORE MIDNIGHT ON THE FIFTH (5th) DAY AFTER THE DATE ON WHICH YOU ACCEPTED THE CONTRACT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

By acknowledging this Agreement, you, the Client, have read, understood, and agree to its conditions, agree to be truthful with COMPANY, understanding that no promises have been made outside of this Agreement.

NOTICE OF CANCELLATION

(Copy 1)

 

You may cancel this contract, without any penalty or obligation, within five (5) days from the date the contract is accepted.

If you cancel this contract, any payment made by you under this contract will be returned within ten (10) days following receipt by the seller of your cancellation notice.

To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice Dovly, Inc., 4340 E. Indian School Rd. #21-263 Phoenix, AZ 85018 no later than midnight five (5) days from the date the contract was accepted.

 

I hereby cancel this transaction.

 

_________________________

Date

 

______________________________________

Signature

 

***PRINT, SIGN, DATE, AND RETURN ONLY IF YOU DECIDE TO CANCEL SERVICE***


 

NOTICE OF CANCELLATION

(Copy 2)

 

You may cancel this contract, without any penalty or obligation, within five (5) days from the date the contract is accepted.

If you cancel this contract, any payment made by you under this contract will be returned within ten (10) days following receipt by the seller of your cancellation notice.

To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice Dovly, Inc., 4340 E. Indian School Rd. #21-263 Phoenix, AZ 85018 no later than midnight five (5) days from the date the contract was accepted.

 

I hereby cancel this transaction.

 

_________________________

Date

 

______________________________________

Signature

 

***PRINT, SIGN, DATE, AND RETURN ONLY IF YOU DECIDE TO CANCEL SERVICE***