Service Agreement

THIS AGREEMENT IS HEREBY ENTERED INTO BETWEEN Hope Hero AND THE CLIENT.

1. Services. Hope Hero provides many services to its clients. This includes, but is not limited to: information retrieval and document preparation.

2. Scope. The scope of this Agreement shall be defined as the services contained within the “Summary of Services” in this proposal. The individual elements listed therein are Hope Hero’s best practices as of the date the proposal was issued. Each item is an approximation based on Hope Hero’s current knowledge and understanding of the Client and the federal documents for which client is seeking assistance completing. It is important to note that the “Summary of Services” is likely to be modified in the future, even during the course of service. Changes in federal document versions, Client’s financial situation, the government, our economy, consumer trends, technological advances, increased knowledge and understanding, or other factors that may render certain elements in the “Summary of Services” less effective. Hope Hero reserves the right to modify, add, and delete elements contained within the “Summary of Services” set both during and before this Agreement is executed.

Additional services may be provided at Hope Hero’s recommendation or by request from the Client. Additional services offered by Hope Hero will be governed by this Agreement if no other agreement exists.

In the rare instance the Client believes certain services were not performed according to the terms of this Agreement, or to their satisfaction, it shall be the Client’s responsibility to immediately notify Hope Hero. All services performed during any given month shall be deemed satisfactory if Hope Hero does not receive notification, in writing, email, phone within 5 days of the end of the Client’s fiscal month, that being the fiscal month containing the disputed service. After 5 days, the Client waives their right to dispute any previous services rendered.

3. Authorization. The Client hereby authorizes Hope Hero to:

• Access any and all websites and accounts provided to Hope Hero. This includes, but is not limited to: education debt servicer websites, 3rd-party websites, hosting accounts, and any other online accounts Hope Hero may be required to gain access to for the purpose of document preparation and submission.
• Create, modify, and/or delete usernames, passwords, and identifiable information on the Client’s behalf. If inaccurate or erroneous information is discovered, the Client must notify Hope Hero or the 3rd party immediately for the removal or correction of such information.

4. Client Responsibilities. Hope Hero considers the Client an important part of the document preparation process. For this reason, Hope Hero’s services are predicated upon the Client providing certain financial information where necessary.

Hope Hero’s document preparation team does its best to communicate important Client details and objectives to Hope Hero’s submission team. In rare instances, certain information may not get passed along to the individuals working on the Client’s account. It is the Client’s responsibility to communicate any important details and objectives to all individuals working on their account.

5. Method of Expense. Hope Hero’s services are not expensed evenly throughout the month. In addition, services are expensed in accordance with the Agreement entered into between Client and Hope Hero during the procurement of services. Services will commence after the date specified in the Client Acceptance portion of this Agreement.

6. Additional Expenses. The Client will reimburse Hope Hero for any 3rd-party expenses it incurs at the Client’s request. This includes, but is not limited the costs associated with the sending of documents through means outside the scope of Hope Hero’s usual business practices, including but not limited to professional notary services, express mail, and overnight mail.

7. Guarantees. Hope Hero does not have control nor does it claim to have control over any 3rd-party actions. This includes but is not limited to: approvals or rejections of federal forms by any federal government agency. Hope Hero cannot guarantee an outcome of any federal form submission or any submission to a servicer contracted by the federal government.

8. Indemnification. The Client shall hold Hope Hero harmless and vigorously defend, protect, and indemnify Hope Hero from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, that can be directly or indirectly associated with the Client. This includes, but is not limited to: liabilities asserted against Hope Hero, its agents, sub-contractors, servants, officers, and employees that may arise or result from any services provided, or agreed to be provided, or any product or service provided by the Client, its agents, employees, or assigns to any other parties. This may also include any claim, suit, penalty, tax, or tariff arising from the Client’s providing of fraudulent information.

9. Warranties. Hope Hero disclaims all warranties, express or implied, including without limitation, any and all warranties of merchantability, fitness for a particular purpose, and non-infringement in connection with this Agreement.

10. Limitation of Liability. In no event shall Hope Hero, its agents, clients, sub-contractors, servants, officers, and employees be liable in contract, tort, strict liability, warranty or any other theory of liability, for any special, indirect, incidental, or consequential type damage of any nature, including but not limited to delay, disruption, loss of income, loss of anticipated eligibility for additional financial aid, negative impact on Client’s credit rating, score or standing. In no event shall Hope Hero be liable for any damages in excess of the amounts paid or due to Hope Hero as a result of this Agreement. In no event shall Hope Hero be liable for any expenses charged to the Client by any 3rd-parties. In no event shall Hope Hero be liable for punitive damages. In no event shall Hope Hero be liable for the addition, modification, or the deletion of the items specified in Section 3 of this Agreement.

11. Communication. As part of this Agreement, Hope Hero and its affiliates shall have the right to provide unsolicited and continued communications with the Client. The Client can stop this communication at any mean by email request. This will enable Hope Hero and its affiliates to continue an on-going relationship with the Client.

12. Confidentiality. Hope Hero shall not, without the prior written consent of the Client, disclose to any third parties, confidential information of the Client. This excludes agents, sub-contractors, servants, officers, employees, and affiliates of Hope Hero.

13. Litigation. Any disputes arising from this Agreement shall be litigated or arbitrated in the county of Riverside, CA. This Agreement shall be governed and construed in accordance with the laws of the State of California. Both parties expressly agree upon and consent to such jurisdiction and venue, and consent to the personal jurisdiction of the State and Federal Courts located in the State of California.

14. Duration. The minimum duration specified in the Client Acceptance section of this Agreement shall be fulfilled by the Client. If Hope Hero  does not receive a cancellation no at least 5 days prior to the expiration of the initial term, Hope Hero will continue to provide the services specified herein for the Client on a month-to-month basis and all of the terms of this Agreement shall continue to remain in force.

15. Termination. Either party shall have the right to terminate this Agreement, and any additional agreements, if the other party expressly breaches any of the provisions herein. Notice from the non-breaching party must be given to the breaching party before this Agreement or any additional agreements shall be considered terminated. In this event, the Client agrees to pay for all services rendered by Hope Hero prior to the date of termination. If no contractual breach has occurred, and the minimum duration has been met, either party may terminate this Agreement, for any reason, with 30 days. Unpaid balances will be due within 30 days of termination. Clients who wish to terminate this Agreement during their initial term (as defined in the Client Acceptance section), may do so by paying for the balance of the initial term, in full, prior to the cancellation of services.

16. Definitions. For the purpose of this Agreement, the following terms shall be defined as: Hope Hero: The company Hope Hero, its agents, sub-contractors, officers, and employees.
Client: The client named in the Client Acceptance section of this Agreement, its agents, sub-contractors, officers, and employees.

17. Agreement. Both parties understand and agree that:

This Agreement constitutes the entire Agreement between the parties, and terminates and supersedes all prior understandings and agreements on the subject matter hereof.

There are no representations, warranties or agreements, either express or implied, or oral or written, except as set forth herein. All changes and additions made to this Agreement, whether written or provided in a separate document, email, or addendum, will not be enforceable, nor will they be accepted by Hope Hero. In the event the Client returns this Agreement with any modifications or additions, Hope Hero will not abide or agree to any of the changes, but will otherwise accept this Agreement. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall it be binding unless it is executed by both parties in writing. Hope Hero reserves the right to refuse the return of this Agreement, with or without cause.