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Terms Conditions Client Services Agreement by mikeholy

VIEWS: 27 PAGES: 8

									LLOYD WARD
Attorney at Law
14850 Quorum Drive
Suite 500
Dallas, TX 75254
Phone 877-493-1575
Fax: 972-468-9826




                     Client Services Agreement

                     Savings and Debt Negotiation
This Client Services Agreement is made by and between Sample Sample ("Client") who resides at 123 Main Street ,
 Dallas TX 75001, and The Lloyd Ward Group, PC ("Attorney"), effective as of 11/11/2010 ("Effective Date"). By
 this Agreement, Client retains Attorney for the limited and express purposes of providing legal and administrative
   services limited to Savings and Debt Negotiation with respect to Client's existing debt and current creditors, as
                                                identified by Client.
   The provision of legal services under this Agreement shall be limited to advice and representation under relevant
     provisions of the U.S. Fair Debt Collection Practices Act, and not under the laws of Client's state of residence
    .Attorney's representation of Client is limited by the Scope of Representation, and any additional legal services
  ,including representing Client in litigation, will be provided only upon execution of a separate retainer agreement.




1. Parties. This Client Services Agreement (the "Agreement") is made as of 11/11/2010 between The Lloyd Ward
Group, a Professional Corporation ("LWG"), and Sample Sample ("Client").
2. Scope of Representation: LWG or its agents will assist Client in negotiating specified unsecured debts
(the"Debts") for settlement in full. Client understands that LWG will provide these services only with regard to
unsecured debts and that it is Client's responsibility to ensure that all Debts included in the LWG debt reduction
program are unsecured. LWG will act as Client's attorney to negotiate with Client's creditors (the "Creditors") for the
express purpose of reducing Debts to an amount that will enable the Client to pay the reduced balance as full
settlement of all debts. LWG employs attorneys, paralegals and other specialists. While much of the work in the LWG
debt reduction program will be administered by non-attorneys, including Client and Creditor contacts, all work
conducted under this Agreement will be supervised by one or more attorneys. LWG reserves the right to designate
who will be the responsible attorney or legal assistant to perform services on your behalf and whether more than one
attorney or investigator will participate. If it is in the best interest of your legal matter to associate with outside
counsel, you hereby authorize the Firm to refer or assign all or part of your legal matter to outside counsel LWG will
so advise you. The Debts and Creditors for which LWG will provide services under this Agreement are listed in
Exhibit A.
3. Not Included in Agreement: This Agreement covers only the Debts and Creditors listed in Exhibit A and only
unsecured Debts owed to the Creditors as of the date of this Agreement. Should Client desire LWG to assist in
resolving additional debts or debts arising after the date of this Agreement, Client has a six month period to add
additional unsecured debt(s) at which time a recalculation of this Agreement and resolution of such additional debts
would be subject to the terms of an amended Agreement. Client understands and agrees that LWG has not represented
that it will advise or assist Client in the modification, improvement or correction of any credit entries contained on
Client's credit reports. LWG does not claim to be able to improve Client's credit rating or credit report, or remove any
negative credit reference on Client's credit report. LWG assumes no responsibility or obligation for any past, present
or future credit rating assigned by any of the Creditors or for any information contained in any credit reporting
service.
4. Guarantee of Services - No Guarantee of Results: LWG will, during its representation of Client, negotiate and, if
successful, deliver to Client a settlement offer from Client's Creditors. LWG makes no predictions, promises, or
representations as to the outcome of its services or the time that it may take to reduce or eliminate Client's Debts and
results may vary according to Client's unique situation. Settlement will be based on client's specific financial
situation, LWG shall endeavor to place each Client into a settlement program that will take approximately __ months
to complete. Client understands that a payoff may be available at a time sooner than the approximated timeframe.
Typically the Client will need the specific percentage saved as outlined in Exhibit A be accumulated prior to a
settlement offer being negotiated. However, LWG reserves the right to negotiate on the client's behalf before the said
funds are accumulated.
5. Potential Consequences of Settlement Process: LWG cannot force negotiations and cannot force Creditors to
accept a settlement. LWG does not make monthly payments to Client's creditors. Creditors may continue collection
efforts on delinquent accounts while this Agreement is in effect. Collection efforts can include charging off the
account, sending accounts to collection agencies or attorneys, lawsuits and even garnishments of your wages if a
judgment has been obtained. LWG makes no claim that it will be able to stop these collection activities, and Client
should notify LWG immediately with respect to any such contact or collection effort. These activities will likely
continue while LWG is making its best efforts to negotiate your Debt. Client represents that, because of circumstances
beyond Client's control (hardship), Client is unable to meet the minimum payments required by Creditors. If required
minimum payments to Creditors are not made, Client may be in breach of the terms of Client's agreements with them
and those actions will likely be reported to consumer reporting agencies as late, delinquent, charged-off or past due
balances. Creditors may also raise the interest rate on accounts, including accounts not subject to this Agreement, and
impose other penalties. Account balances may continue to grow as Creditors add accrued interest, late fees, over limit
fees and penalties, until a settlement is reached with Creditors. If negotiations are unsuccessful, Client could be called
upon to pay the entire balance of the Debt. After settlement, Client's creditor may comment that the account was
"settled for less than the full amount" on Client's credit report, and any settlement may adversely affect a Client's
credit worthiness. When a Creditor settles a Client's debt, a savings of $600 or more may be reported by Creditor to
the IRS as Discharge of Indebtedness income. Client may wish to consult your tax advisor to determine whether
client's individual circumstances may permit client to exclude any such Discharge of Indebtedness Income from
reportable income due to insolvency. For more information on tax ramifications to client personally client may also
wish to consult a CPA or Tax Attorney and to refer to the IRS website www.irs.gov IRS Publication 908-
"Bankruptcy Tax Guide" and IRS Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness available
on the IRS website
6. Responsibilities of Client: Client will be responsible for saving sufficient amounts to fund any debt settlements
that LWG negotiates on Client's behalf. Client will be in control of all settlement funds and under no circumstances
will LWG have custody or control of the funds client has set aside to fund debt settlements. Actual settlement
amounts, necessary savings and the period required to reach your goal may vary based on Creditors' actions and other
factors that may affect or prevent the realization of Client goals. Client agrees to be truthful and cooperative; to notify
LWG promptly of any change of Client's telephone number or address; to fill out and return any and all papers and
questionnaires supplied by LWG within five (5) business days; to provide any requested papers within five (5)
business days, and to consider in good faith LWG recommendations regarding any potential Debt settlements. Client
expressly agrees to make timely payments for services rendered and to reimburse LWG for costs pursuant to
paragraph 12 of this Agreement. Client agrees not to make any charges on any credit account listed in Exhibit A at
any time after the application date.
7. Authority and Responsibilities of LWG: LWG shall hold Client's personal information in the strictest
confidence, except as is necessary in the course of LWG performance of this Agreement. Specifically, Client
authorizes LWG to: (a) disclose to any of the Creditors any information concerning Client's financial condition and
status including, but not limited to, income, debts, credits, earnings, and/or location information; and (b) obtain
necessary financial information concerning Client from any of the Creditors. LWG will perform the duties described
in this Agreement, will keep Client reasonably informed of progress in the pursuit of the Agreement's objectives, and
will respond promptly to the Client's inquiries and communications.
8. Settlements: LWG will inform the Client of the amounts and the terms and conditions of all written settlement
agreements. All settlement payments will be made directly to Creditors from Client's settlement savings account upon
authorization from Client. The Client's use of a settlement savings account maintained by the TPA is a critical feature
of the LWG debt reduction program and our representation.
9. Payment of Fees:: The fees paid to LWG are intended to compensate it for its efforts, expertise and professional
skills. Those fees are not being set aside or held in escrow to fund debt settlements. Fees will not be available to pay
creditors. Client agrees to payment of a Program Service Fee equal to 15% of the total balance of each creditor
enrolled in the debt negotiation and reduction program as of the Effective Date, and paid once a settlement is
negotiated per creditor. LWG service fees will only be collected after a settlement is obtained for a Client's creditor.
LWG does not collect any upfront fees for debt settlement program. Client understands that fee calculations set out in
this Agreement and in other documents are estimates calculated using the amount of the debts Client has listed in
Exhibit A. Client has separately contracted with Noteworld, as a Third-Party Administrator ("TPA") to collect fees
and settlement savings program payments, which will be held in trust for the Client's sole benefit. TPA is not an agent
of LWG, and the funds held by TPA are not subject to the IOLTA or other similar attorney trust fund rules of the
State Bar of Texas or the state bar of any state. Client owns all funds held in TPA trust account and may withdraw
from debt settlement program at any time without any penalty or charge. To collect the Monthly Program Fees, LWG
will automatically withdraw via electronic debit or automatic check relay from Client's TPA account the amounts
mutually agreed upon and stated.

      Total Debt                    $20,000.00                  Start Date:                    11/25/2010

     Service Fee                     $3,000.00               Monthly Budget                       $324.06

    Total Months                             36

10. Governing Law: Severability: This Agreement is governed by the laws of the State of Texas, without regard to
the conflict of law rules of that state. If any provision of this Agreement is held to be unenforceable, the remainder of
this Agreement shall remain in full force and effect.
11. Arbitration of Dispute: In the event of a dispute regarding LWG's representation of Client's claims and
defenses, or monies owed by Client to LWG, Client hereby agrees to notify LWG in writing of any such complaint so
that LWG can attempt to reasonably address and, if appropriate, remedy the complaint to Client's complete
satisfaction. LWG representatives will be happy to discuss policies and procedures set forth herein with you at any
time. If you have any questions, please inquire of us openly and frankly. We encourage you to discuss with the
principal attorney or assistant providing legal services to you any problems you may have with our attorneys,
accounting department, paralegal personnel, secretarial staff or other matters that may arise in connection with our
representation. If, after giving LWG thirty (30) days notice of any complaint, you remain unsatisfied with LWG's
response to your complaint, you hereby agree to mediate and/or arbitrate any complaint against Firm prior to the
initiation of any public or private complaints or claims of any kind against LWG or any of its attorneys. You agree to
submit any dispute over the amount of fees charged to you to the Fee Dispute Committee of the Collin County Bar
Association, State Bar of Texas. Client understands that this agreement is performable in Collin County, Texas and
hereby consents to venue and jurisdiction in Collin County, Texas under Texas state law for any dispute arising
hereunder. The parties will submit all disputes arising under or related to this Agreement to binding arbitration
according to the then prevailing rules and procedures of the American Arbitration Association. Texas law will govern
the rights and obligations of the parties with respect to the matters in controversy. The arbitrator will allocate all costs
and fees attributable to the arbitration between to the parties. The arbitrator's award will be final and binding and
judgment may be entered in any court of competent jurisdiction.
12. Client/Creditor Relationship Statement: Client acknowledges that LWG will provide legal advice only with
respect to Debt Settlement and Negotiation with Client's Creditors. In entering into this Agreement, Client represents
that LWG has not, and further understands LWG shall not, take any actions to disrupt the relationship between Clients
and any creditors or person with whom Client has any contractual or business relationship. Client agrees that LWG
has not provided Client with any advice or recommendation regarding the advisability of reducing or terminating
payments to Client's creditors. Client has engaged LWG for the sole purpose of negotiating a resolution with said
creditors within the Agreement. Client further intends, by this agreement, to create a confidential relationship with
LWG in regard to resolving any outstanding creditor claims, suits, or judgments.
13. Payments to Creditors: LWG's representation of Client assumes an effort that will continue for many months.
The time needed to produce a settlement depends on a number of factors. These may include: (a) Client financial
hardship, (b) the age and balance of the accounts that Client owes creditors, and (c) the funds Client has available to
pay for a settlement; and (d) the willingness of individual creditors to enter into debt settlement negotiations. While
no guarantees can be given, generally the quicker Client saves money the sooner Client will be in a position to reach
desired goals.
14. Cancellation: Client may discharge LWG and LWG may withdraw from representation of Client at any time by
written notice. Client understands that any request to terminate this Agreement and representation by LWG program
must be in writing and received by LWG at least ten (10) business days prior to any scheduled electronic debit to the
TPA in order to stop such debit. Client may withdraw from debt settlement program at any time without penalty. If
client withdraws from debt settlement program, Client will receive all funds in TPA trust account except for funds
earned by LWG in compliance with FTC ruling. Client understands that any fees with have been earned by LWG in
compliance with existing State and Federal guidelines and regulations, including but not limited to any Federal Trade
Commission requirements, will be retained by LWG for services rendered.
15. Modifications or Amendments: No amendment, change or modification of this Agreement shall be valid unless
in writing and signed by all the Parties hereto, provided, however, that LWG may change any term of this Agreement,
or add any additional term to this Agreement, by providing Client with fifteen (15) days' advance written notice of
such change.
16. DISCLOSURE PURSUANT TO FTC REGULATION 16 CFR 310.4(d): It is an abusive telemarketing act or
practice and a violation of this Rule 310.4 for a telemarketer in an outbound telephone call or internal or external
upsell to induce the purchase of goods or services to fail to disclose truthfully, promptly, and in a clear and
conspicuous manner to the person receiving the call, the following information: The identity of the seller;

          That the purpose of the call is to sell goods or services;
          The nature of the goods or services; and
          That no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a
        prize promotion is offered and that any purchase or payment will not increase the person's chances of
        winning.
          You have the right to request that the telemarketer disclose the no-purchase no-payment entry method for
        the prize promotion; provided, however, that, in any internal upsell for the sale of goods or services, the seller
        or telemarketer must provide the disclosures listed in this section only to the extent that the information in the
        upsell differs from the disclosures provided in the initial telemarketing transaction.
I represent that I have read, understand, and agree to be bound by the terms of this Debt Negotiation Agreement in its
entirety. I acknowledge that this Debt Negotiation Agreement has been explained to my full satisfaction, and that I
have no unanswered questions about the Debt Negotiation Agreement.




PRIVACY POLICY: LWG will only use and share information about you to perform our obligations under the Debt
Negotiation Agreement, and for related purposes, or as permitted or required by law. We are careful to use only
accurate, current, and complete information. We will correct any erroneous information quickly if you so request. We
are also careful to protect the security of your information from third parties and unauthorized employees. This
privacy policy is subject to change. Please call us at 877.493.1575 or fax us at 469.385.8829 if you wish to opt-out or
have any financial privacy concerns.
Exhibit A
Creditor Enrolled List



      Creditor           Estimated Savings Percent             Creditor            Estimated Savings Percent
HSBC                     50%                          American Express Card       48%
Bank Of America          32%




Individual results may vary depending on completion of program term, saving amount, and creditor response to
offers. Read and understand program conditions before enrolling. Silverleaf Debt Solutions does not assume or pay
your debts, or provide any form of legal or accounting advice. Consult with and obtain such advice prior to making
any decisions relating to your financial situation.

								
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