TERMS & CONDITIONS
These Terms & Conditions apply between RAB, Inc. ("RAB") and Client. RAB and Client agree as follows:
- Accounts. From time to time, Client may assign to RAB certain accounts for debt collection. These terms and conditions shall apply to all accounts assigned by Client and accepted by RAB now and in the future. Client assigns title to all accounts placed with RAB until the accounts are released back to Client.
- Primary and Secondary Accounts. A “Primary Account” is an account (a) in which at least $2,500 is owed; and (b) as of the date that the account is accepted by RAB, less than one year has elapsed since (i) the last invoice (not including invoices for finance charges) was sent to the debtor and (ii) the last payment was received from the debtor. A “Secondary Account” is an account in which one of the following is true: (a) less than $2,500 is owed; (b) it is a “skip trace” account; (c) prior to being accepted by RAB, the account was placed with a different debt-collection agency, or with an attorney, for collection; (d) the Client has already obtained a judgment with respect to the account; (e) the debtor is out of business; (f) the debtor is located outside the United States; or (g) the account is a consumer (not commercial) account. Client authorizes RAB to withhold its commissions from all amounts collected. If, after assigning an account to RAB, Client receives any payment from the debtor on the account, Client shall immediately pay RAB its commission on the amount received. The amount of RAB’s commission is contained on the Rate Agreement between RAB and Client.
- RAB’s Efforts on Client’s Behalf. Once an account is accepted by RAB, RAB shall have twelve months during which to work the account. During this time, Client will not, directly or indirectly, communicate with the debtor or engage in any efforts to collect payment from the debtor. During this twelve-month period, RAB shall have sole authority and discretion to settle the account, and to execute all contracts and other documents necessary to effectuate any settlement. RAB does not guarantee any collection results.
- Receipt of Money. Client authorizes RAB to direct debtors to send payments to RAB and to accept all payments from debtors and to endorse on Client’s behalf all checks or money orders for deposit, the net proceeds of which (after RAB deducts and withholds its commissions and costs, which Client authorizes) shall be remitted to Client on the 20th day of each month from all good funds received in the previous month. If Client prefers an early remittance, on a date approved by both Parties, a 10% rate increase in RAB’s commission will be charged to Client and withheld by RAB. In the event that payment(s) are returned not honored by any financial institution, after remittance to the other Party, the receiving Party shall promptly refund that amount to the other Party. If RAB negotiates a payment plan that is to be paid out over time, even past the twelve-month (plus any extensions) period during which RAB works the account, RAB shall be entitled to obtain, be paid, and withhold its commissions from all such payments.
- RAB’s Interest. The assignment and acceptance of an account by RAB vests RAB with an interest in the account(s) to the extent of RAB’s commission as identified on the Rate Agreement. After an account is accepted by RAB, if (a) it is later determined that the account was assigned in error; (b) Client, directly or indirectly, engages in any attempt to collect the debt; (c) the account is found not to be owed, in whole or in part; (d) the account is also being worked by another person or entity; or (e) Client withdraws the account from RAB, RAB shall be entitled to immediately receive its full commission (which shall be the percentage set forth on the Rate Agreement, on the full amount of the account that was assigned) from Client and to withhold all such amounts received by RAB from the debtor.
- Dispute Resolution. All legal disputes between RAB and Client shall be resolved through binding arbitration with the American Arbitration Association (“AAA”), in Dallas, Texas. RAB and Client each shall be responsible for half of all of AAA’s fees and costs (including the fees charged by the arbitrator). RAB and Client consent to personal jurisdiction in Texas and to venue in Collin County, Texas. The arbitrator shall not award to either RAB or Client (and both RAB and Client hereby waive their right to receive) consequential damages, exemplary damages, statutory treble damages and attorneys’ fees. RAB and Client specifically waive their right to receive an award of attorneys’ fees under Tex. Civ. Prac. & Rem. Code § 38.001, et seq. RAB and Client agree not to attempt to enforce any award including any of the items waived in this section.
- Non-Disparagement. Neither party to this agreement shall publish or communicate on any written or electronic forum or social media any disparaging comment, negative review, recommendation, evaluation, or report of the other unless required by law. Because a violation of this provision would result in damages that may be difficult to prove, the parties agree that a party violating this provision shall be liable for damages in the amount of $10,000.00 as and for liquidated damages and not as a penalty, and no actual damages need to be proved.
- Entire Agreement. These terms and conditions, and the Rate Agreement constitute the complete agreement between RAB and Client concerning the subject matter hereof. All previous inducements, negotiations, representations, statements and promises relating to the subject matter hereof are merged into these terms and conditions and are of no effect. Any modification to these terms and conditions must be in writing, and unless clearly stated otherwise, any modification shall only apply to the account(s) that are specifically referenced in the written modification; otherwise, these terms and conditions shall govern all accounts assigned and accepted both before and after such modification. Client consents to RAB recording all telephone calls between RAB and Client.
- Headings. Paragraph headings are for convenience only and shall not affect the meaning or interpretation of these terms and conditions.