Kūpa'a Consulting Services, LLC

This Credit Consultant Service Agreement and Authorization (this “Agreement”), is entered by and between Kūpa'a Consulting Services, LLC (referred to in this Agreement as “Kūpa'a Consulting Services”, “we,” “us” or “our”), and each of you who signs as “Client” below (referred to in this Agreement as “you” and “your”).

You wish to retain Kūpa'a Consulting Services to provide certain credit-related services (as more particularly described below), and Kūpa'a Consulting Services is willing to do so upon the terms and conditions of this Agreement.  

By signing below, you and we agree as follows:

1. Term. This Agreement, including all authorizations hereunder, will expire twelve (12) months from the date of signature, unless earlier terminated or renewed in writing (the “Term”).

2. Our Services.   During the Term, Kūpa'a Consulting Services hereby agrees to perform the following services (collectively, the “Services”):

a, Evaluate your current credit reports from applicable credit reporting agencies such as Experian, Equifax and Transunion. 

b.  Assist you with identifying any inaccurate, erroneous, false, or obsolete information shown in the credit reports.

c. Prepare correspondence to dispute such identified inaccurate, erroneous, false, or obsolete information in your credit reports.

d. Coaching services such as credit education, credit building, and credit readiness for homebuyers.

You understand that the Services described above are the only services covered by the fees set forth in this Agreement.  

3. Fees.  You agree to pay the following fees in connection with the Services:

(a.) $120 due to us upon signing, for document processing in connection with your account.  This fee is non-refundable.

(b) $199 to us per month, for the Services.  Your payment date will be on the anniversary date of the day you signed up initially.

For example, if your first payment was on the 16th of the month, you will be billed on the 16th of every month. However, if your payment date falls on a Sunday or other day that our processing system is not available, you may be billed on the business

day immediately before your regular payment date. 

(c.) $24.95 per month paid directly to the credit monitoring system vendor, Smart Credit, or such other fee charged by such vendor from time to time for credit monitoring services.  As a client, you will be required to keep the credit monitoring system that we use active the entire time you have retained our Services.  Should your credit monitoring end, for non-payment or any other reason, we may terminate this Agreement and all Services hereunder.

All fees are subject to Hawai'i General Excise Tax thereon.

4. Your Commitment.  Credit repair requires your good faith cooperation, including paying your bills on time, building/adding positive credit and paying your credit card balances down.  By signing this Agreement, you agree to cooperate in good faith with all of the above, and any other reasonable requests and suggestions we may make from time to time. You acknowledge receipt of the personal action plan provided to you, and you agree to commit to build positive credit knowledge and habits. If you are not willing to consistently do these things and follow the personal action plan, please do not sign up for our services at this time.

IF YOU RECEIVE ANY COMMUNICATIONS OR DOCUMENTS FROM TRANSUNION, EXPERIAN, EQUIFAX, AND ANY OTHER CREDIT REPORTING AGENCIES OR CREDITORS REGARDING YOUR CREDIT HISTORY, YOU AGREE TO IMMEDIATELY SEND US COPIES OF THOSE COMMUNICATIONS OR DOCUMENTS.

5. Authorization for Kūpa'a Consulting Services.  By signing this Agreement, you hereby authorize KŪPA'A CONSULTING SERVICES, and our employees, agents, successors and assigns, to:

(a) Make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, correspondence, agreements, or other documents as necessary or advisable to help improve your credit. Such authorization shall only be effective for TransUnion, Experian, Equifax, and any other credit reporting agencies or creditors listed in any of your credit reports (collectively, “Credit Parties”), as may be necessary or proper in for our performance of Services.

(b) Do, take, and perform, all acts and things whatsoever requisite, proper, or necessary to be done, in the exercise of repairing your credit with the Credit Parties, as fully for all intents and purposes as you might or could do personally yourself.

You acknowledge that you can personally perform all of the above actions yourself, without our assistance, but that you voluntarily authorize us to do so on your behalf.  You may revoke this authorization at any time by giving written notice to us. Any activity made prior to revocation in reliance upon this authorization shall remain valid. 

6. Correct and Complete Information.  You promise that the information you provide to us has been and will be true and correct to the best of your knowledge.  We reserve the right to terminate this Agreement for to any material misstatements of fact, or material failure to provide relevant information.

7. Release.  You hereby release Kūpa'a Consulting Services, our affiliates, directors, officers, members, managers, employees, subcontractors, agents or representatives (collectively, “Our Affiliates”) from any and all matters of actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, for or by reason of any matter, cause, or thing whatsoever as based on the circumstances of this contract.

8. Indemnification.  You agree to indemnify, defend, and hold Kūpa'a Consulting Services and Our Affiliates harmless from and against any and from and against any and all demands, claims, losses, damages, penalties, costs, and expenses of any kind (including reasonable attorneys’ fees) arising out of or related to: (a) any act or omission by you or any person claiming by, through or under you, including without limitation, any family members, agents or representatives (collectively, “Your Affiliates”) in connection with this Agreement; (b) any negligence, fraudulent conduct, or willful misconduct of you or any of Your Affiliates; (c) any breach of this

Agreement by you; and (d) any act by you or Your Affiliates that is outside the scope of this Agreement. 

9. Our Limitations. You acknowledge that the Services do not include consulting services relating to distressed properties or loan defaults, modifications, renewals, deferrals or forbearances.  In addition, you understand and acknowledge that Kūpa'a Consulting Services cannot provide legal advice or tax advice.  You must consult licensed attorneys or qualified accountants for such advice.

10. Method of Conduct.  Consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.

11. Miscellaneous.  

a. This Agreement represents the entire agreement between you and us, and supersedes any prior writings or oral agreements.  Any modifications to this Agreement must be made in writing and agreed by the party or parties to be bound.

b. This Agreement is governed by the laws of the State of Hawai‘i.  Any judicial proceeding to interpret or enforce this Agreement or to which Kūpa'a Consulting Services is a party shall be brought in the Second Circuit Court for the State of Hawai'i or the Federal District Court for the District of Hawai'i. 

c. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the other terms or provisions herein.

d. Nothing in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement.

e. This Agreement is binding on and for the benefit of the parties to this Agreement and their respective heirs, legal representatives, successors, and assigns.

f. Neither party shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an events such as acts of God, tsunami, hurricane, earthquake, fire, flood or other casualty, severe computer or network outages, war, civil strife, riot, governmental restrictions, emergency acts, acts of terrorism, or cause beyond the reasonable control of such party. 

g. This Agreement may be executed by way of facsimile, email or other electronic signature and such signature shall be sufficient to bind the party so executing this Agreement.