Synergy Terms of Service, Privacy and End User License Agreement.
Agreement. This agreement describes the terms governing Your use of the Synergy app provided to you on this website (https://thefaircapital.com), including its subdomain (https://synergy.thefaircapital.com) and any other websites controlled and operated by us in connection with the Synergy app, including content, updates and new releases, (collectively, the “app”). It includes by reference:
Additional terms and conditions may include those from third parties.
Any terms provided separately to you for the app, including app or program terms, activation, payment terms, etc.
Fair Capital LLC debt collection service agreement.
If you do not agree to this agreement, then you may not use the app. If You are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms “You” or “Your” will refer to such entity and its affiliates as well as You. If the legal entity You represent does not agree with these terms and conditions, you must not accept this agreement, register, and use or access the services as an authorized representative.
Assignment. You assign and grant Fair Capital the exclusive right to collect any debt assigned to Fair Capital via the app or through any other method.
Validity. You warrant that information and statements concerning all accounts assigned are accurate and constitute valid monetary obligations. Upon assignment, you should identify disputed accounts as disputed, and you shall refrain from assigning accounts in bankruptcy. If you become aware that an account is in bankruptcy, you must notify Fair Capital.
Forward documentation. Upon request, you agree to verify disputed accounts without delay and shall provide Fair Capital with documentation supporting the verification. Fair Capital may end collection activity on said account if you cannot provide such proof.
Commission fee. Unless agreed otherwise, you agree to pay Fair Capital its standard contingency fee as stipulated for all monies collected. Fair Capital shall be entitled to deduct its fee before remittance to you. Furthermore, you agree to pay the above fee to Fair Capital when money is received by you directly as per this agreement.
Paid directly fee. Fair Capital shall be entitled to commission on all monies collected from accounts assigned by you, including claim(s) paid by insurance, per its fee schedule, whether paid directly to you or Fair Capital. Furthermore, any credit against the debtor’s account or merchandise return shall be considered the same as a cash payment and shall entitle Fair Capital to its collection fee unless otherwise agreed upon between you and Fair Capital.
Report payment. You shall notify Fair Capital of all payments, including insurance payments, made directly to you within seven (7) business days of receipt of such payments.
Settlement. Unless specified otherwise, Fair Capital shall be authorized to use its discretionary judgment to settle accounts as payment in full and arrange payment plans as it deems appropriate.
Upon assignment. After You assign an account to Fair Capital, you shall not settle or compromise any such accounts without Fair Capital’s knowledge.
Withdrawal. Notwithstanding section 12 below, accounts assigned to Fair Capital shall not be withdrawn by you for a minimum period of twelve (12) months, except if authorized by Fair Capital. If claim(s) are withdrawn due to account placement error or are discovered to be previously paid, Fair Capital shall be entitled to charge an administrative, clerical and introduction fee of up to 50% of the agreed collection fee.
Your rights to use the app. The app may be protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the app and only for the purposes described by Fair Capital. Fair Capital reserves all other rights in the app until the termination of this agreement, and as long as you meet all applicable obligations and comply with this agreement, Fair Capital grants to you a personal, limited, nonexclusive, nontransferable right and license to use the app.
You agree not to use, nor permit any third party to use, the app or content in a manner that violates any applicable law, regulation or this agreement. You agree you will not: Reproduce, modify, copy, deconstruct, sell, trade or resell the app.
Additional terms. Fair Capital does not give professional advice. Fair Capital is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when You need this type of assistance.
Communications. Fair Capital may be required by law to send you communications about the app or third-party products. You agree that Fair Capital may send these communications to you via email or by posting them on our websites.
You will manage Your passwords and accept updates. You are responsible for securely managing your password(s) for the app and contacting Fair Capital if you become aware of any unauthorized access to your account. The app may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the app. You agree to receive these updates.
Disclaimer of warranties. Your use of the app is entirely at your own risk. Except as described in this agreement, the app is provided “as is.” To the maximum extent permitted by applicable law, Fair Capital, its affiliates, and its third-party providers, licensors, distributors or suppliers (collectively,” suppliers”) disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the app. Fair Capital and its affiliates and suppliers do not warrant that the app is secure and free from bugs, viruses, interruption, errors, theft or destruction to the extent permitted by the applicable laws of the United States.
Fair Capital, its affiliates and suppliers disclaim any representations or warranties that your use of the app will satisfy or ensure compliance with any legal obligations or laws or regulations.
You are solely responsible for ensuring that your use of the app is in accordance with applicable law.
You agree to indemnify and hold Fair Capital and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable legal and associated fees and costs, arising out of your use of the app or breach of this agreement (collectively referred to as “claims”). Fair Capital reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Fair Capital in defense of any claims.
Changes. we reserve the right to change this agreement at any time, and the changes will be effective when posted on our website or when we notify you. We may also change or discontinue the app, in whole or in part. Your continued use of the app indicates your agreement with the changes.
Termination. Fair Capital may immediately terminate this agreement or suspend the app in its sole discretion and without notice.
Service providers. We may use third parties to operate our app and services or perform any of our obligations in this agreement. For our service providers to be able to provide you with certain aspects of the app and services, we may share a limited amount of your data or content with such service provider.
Hold harmless. Each party to this agreement shall indemnify and hold harmless the other party, its officers, agents, and employees, from and against any and all claims, demands, actions, and proceedings by others, and against all liability, both negligent and nonnegligent, arising directly or indirectly out of the activities of each party in the performance of this agreement.
Term. This agreement shall be effective as of the signing date and continue until terminated as hereinafter provided. Either party may terminate this agreement by giving the other party at least 30 days prior written notice of the date of termination. Termination or cancellation of this agreement by either party shall not affect the collection, enforcement or validity of any accrued obligations owing between the parties.
Waiver. The failure by either party to enforce any provision of this agreement shall not constitute a waiver of other provisions of this agreement.
Entire agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior representations or understandings between the parties. No provision of this agreement shall be deemed waived unless in writing and signed by the party to be bound.
Jurisdiction. This agreement is governed by the laws of the state of New York. Any dispute under or arising out of this agreement shall be settled through binding arbitration and the venue shall be the American arbitration association.
Notice. Any notice required or permitted under this agreement shall be given in writing via e-mail and deemed effective upon confirmation of receipt or delivery. This agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, together, shall constitute one and the same instrument.
The individual below affirms that he/she is authorized to act and to sign on behalf of the You.