ONLINE AGREEMENTS
THIS DOCUMENT CONTAINS THREE DIFFERENT AGREEMENTS, ONLY ONE OF WHICH WILL APPLY
TO YOU:
I. Client Online Program User Terms and Conditions (Receiving counseling or
education)
II. Facilitator Online Program User Terms and Conditions (Organizations or
individuals referring Clients to Administrator for Services)
III. Monitor Online Program User Terms and Conditions (specific authorized
trustees, administrators and court personnel acting in their official capacity).
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Client Online Program User Terms and Conditions
IMPORTANT-READ CAREFULLY: By accepting the terms and conditions set forth in
this Agreement (Agreement), you are agreeing to enter into a legal agreement
between yourself, an individual (User or You), the Institute for Financial
Literacy (Administrator), and the manufacturer of this software (Manufacturer)
for use of this product ("SOFTWARE"). The SOFTWARE includes Manufacturer's
computer software, and may include associated media, printed materials, "online"
or electronic documentation, and Internet based services. Note, however, that
any software, documentation, or web services that are included in the SOFTWARE,
or accessible via the SOFTWARE, and are accompanied by their own license
agreements or terms of use are governed by such agreements rather than this
Agreement. This Agreement may be modified by Manufacturer at any time, with or
without notice, without restriction.
By downloading, accessing or otherwise using the SOFTWARE, you agree to be bound
by the terms of this Agreement. If you do not agree to the terms of this
Agreement, you may not use the SOFTWARE, and you should promptly contact
Administrator for instructions.
A. CLIENT DISCLOSURES.
1. GENERAL. The Executive Office of the United States Trustees (UST) and the
Bankruptcy Administrators (BA) require the Institute for Financial Literacy
(Administrator) to disclose certain information to our clients (You or User)
about how we operate and how we are funded. If you have any questions about any
of these disclosures, please contact us at 1-866-662-4932 (toll free).
1.1 FUNDING SOURCES. Administrator is a Non-Profit, 501(c)(3) tax-exempt
organization. Administrator is funded through (1) program service fees, such as
those you are paying for counseling and/or education; (2) private donations from
individuals; (3) donations from corporations; and (4) grants by public and
private institutions.
1.2 COUNSELOR QUALIFICATIONS. Counselors employed by the Administrator are
trained by Administrator in the materials presented and in the National
Standards for Adult Financial Literacy. Initial training lasts approximately six
(6) months and includes, but is not limited to, successfully completing all
educational and counseling programs provided by Administrator to Users.
Additional training is conducted on a monthly basis to ensure You receive the
highest quality of service. Counselors employed by Administrator may be
certified by one or more independent bodies offering such certifications,
however certification by such an independent body is not a requirement of
employment by Administrator. If You have a question about the certification of a
particular Counselor you are working with, please ask that counselor for that
information, or ask to speak with a supervisor.
1.3 POSSIBLE IMPACT ON CREDIT REPORTS. Administrator does not provide any
services which can directly impact Your credit report, either positively or
negatively. Administrator will provide You with information about Your options
for dealing with Your creditors. Any of these options, if exercised by You, may
have a significant impact on your credit report, either positive or negative.
Administrator has made a good faith attempt to provide you with unbiased,
neutral information explaining the likely impact that exercising particular
options would have on your credit report, however Administrator makes no
promises, guarantees or warranties, express or implied, as to the information it
provides, or to the effects or impacts of any described options that may be
exercised by You.
1.3.1 WAIVER OF LIABILITY. You agree to waive any and all liability on the part
of Administrator, to the extent permissible by law, for any and all actions
TAKEN BY YOU as a result of the information provided to you by Administrator,
including any consequences thereof, whether foreseeable or not foreseeable. You
are NOT WAIVING liability on the part of Administrator for actions TAKEN BY
ADMINISTRATOR. This waiver also has NO EFFECT on Your rights as set forth in 11
U.S.C. Sec. 111(g) (the United States Bankruptcy Code), which requires that A
nonprofit budget and credit counseling agency [such as Administrator] that
willfully or negligently fails to comply with any requirement under [the
Bankruptcy Code] with respect to a debtor shall be liable for damages in an
amount equal to the sum of (A) any actual damages sustained by the debtor as a
result of the violation; and (B) any court costs or reasonable attorneys fees
(as determined by the court) incurred in an action to recover those damages.
1.4 COSTS OF SERVICES. The following price schedule represents the only possible
charges that you will incur from Administrator for counseling and education. If
ANY INDIVIDUAL OR ORGANIZATION, whether or not such individual or organization
is an employee or representative of Administrator, seeks payment for the
Administrators services which are not included on the fee schedule below, which
are greater than the amounts set forth on the fee schedule below, or for which
you have already paid, please contact Administrator IMMEDIATELY at 207-879-0389
or 1-866-662-4932 (toll free) and request to speak with the Director of
Operations.
1.4.1 FEE SCHEDULE.
Description of Service Fee Single User Credit Counseling $50.00 Financial
Education Program $50.00 Joint (User and spouse) Credit Counseling $50.00 Post
Filing, Pre-Discharge Education $50.00 Additional Textbook (only if requested by
client) $15.00 Additional S&H for additional Textbook $ 5.00
1.5 HOW FEES/COSTS ARE TO BE PAID. You are solely responsible for the payment of
these fees, except as otherwise required under 11 U.S.C. Sec. 111(c)and (d) (the
United States Bankruptcy Code), which requires that if a fee is charged for
counseling services [or the instructional course], [Administrator must] charge a
reasonable fee, and provide services without regard to ability to pay the fee.
If You have placed payment for Administrators services in the custody of a
Facilitator prior to requesting Administrators services, You authorize us to
collect those funds directly from that Facilitator.
1.6 REFUND/RETURN OF PAYMENT. In the event You are not satisfied with the
program for any reason within 90 days of registration, You may request, in
writing, a full refund of any fees paid. The written request should be mailed
to:
Institute for Financial Literacy
ATTN: CLIENT REFUNDS
PO Box 1842
Portland, ME 04104-1842
1.7 OTHER DISCLOSURES. Administrator does not take, request nor accept funds or
money belonging to User, or owed to Users creditors, under any circumstances. If
any employee or representative of Administrator attempts to collect such funds,
contact the Administrator IMMEDIATELY at 207-879-0389 or 1-866-662-4932 (toll
free) and request to speak with the Director of Operations.
CLIENT END USER AGREEMENT
A. INTENDED PURPOSE. The purpose of this agreement, SOFTWARE and any written
materials provided by Administrator is to provide one or more of the following
services to You, at your option: (1) credit counseling through the Internet, (2)
a certificate of completion for credit counseling, (3) a personal financial
management instructional course as required by the United States Bankruptcy Code
(11 U.S.C. 109(h), 11 U.S.C. 111, 11 U.S.C. 727 and 11 U.S.C. 1328), and/or (4)
a certificate of completion for a personal financial management instructional
course.
B. PAYMENT. You are solely responsible for the payment of these fees, except as
otherwise required under 11 U.S.C. Sec. 111(c) and (d) (the United States
Bankruptcy Code), which requires that if a fee is charged for counseling
services [or the instructional course], [Administrator must] charge a reasonable
fee, and provide services without regard to ability to pay the fee. If You have
placed payment for Administrators services in the custody of a Facilitator prior
to requesting Administrators services, You authorize us to collect those funds
directly from that Facilitator.
C. DEFINITIONS.
1. Administrator, when used in this Agreement, refers to the Institute for
Financial Literacy.
2. Facilitator, when used in this Agreement, refers to an entity or individual
that refers You for services through an online web portal. This Facilitator may
or may not collect the Administrators fee, hold it in trust and remit it to
Administrator upon request. If the Facilitator collects the Administrators fee
and holds it in trust, the Facilitator may not charge You more than the
Administrators published fees, and the Administrator may neither pay nor receive
a referral fee to that Facilitator or any other individual or organization.
3. You, Your, Client and User, when used in this Agreement, all refer to you,
the individual who is seeking credit counseling and/or educational services
through this program.
4. Program, when used in this Agreement, refers to the online computer program
as well as all content and written materials provided to You, or some portion
thereof.
D. GRANT OF LICENSE BY ADMINISTRATOR
5. GRANT OF LICENSE BY ADMINISTRATOR. Administrator grants you the following
rights, provided you comply with all of the terms and conditions of this
Software Product License, or End User License Agreement (EULA):
5.1 USE. Except as otherwise expressly provided in this EULA, you may use,
access, display and run this program and its components via the internet for
only the intended purpose. You may also use any written materials provided to
you by Administrator for only the intended purpose. Any written materials may
not be copied, reproduced or distributed to third parties without the written
consent of Administrator.
5.2 CONSENT TO COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA. You agree that
Administrator may collect, use and disclose information as described below. Such
information may be gathered by the SOFTWARE or as part of the customer support
services provided to you and related to the SOFTWARE, if any.
(a) Facilitator. If You were referred for Administrators services through a
Facilitator, You hereby authorize us to disclose the following information to
that Facilitator: Your Name, Your Address, Your Phone Number, Your Fax Number,
Your Email address and other contact information that You may provide to us. You
also authorize us to disclose to that Facilitator budget information You have
submitted to Administrator, copies of Your certificates of completion issued by
Administrator, and whether or not You have completed the services for which you
were referred by Facilitator.
(b) Executive Office of the United States Trustee or Bankruptcy Administrator.
If you decide to file a bankruptcy petition, You hereby authorize us to disclose
to the following information to the Executive Office of the United States
Trustee or Bankruptcy Administrator upon their request: Your Name, Your Address,
Your Phone Number, Your Fax Number, Your Email address and other contact
information that You may provide to us. You also authorize us to disclose copies
of Your certificates of completion issued by Administrator, and whether or not
You have completed the services for which you engaged Administrator.
(c) standing bankruptcy trustees. If you decide to file a bankruptcy petition,
You hereby authorize us to disclose to the following information to the standing
bankruptcy trustee upon their request: Your Name, Your Address, Your Phone
Number, Your Fax Number, Your Email address and other contact information that
You may provide to us. You also authorize us to disclose copies of Your
certificates of completion issued by Administrator, and whether or not You have
completed the services for which you engaged Administrator.
(d) Bankruptcy Courts. If you decide to file a bankruptcy petition, You hereby
authorize us to disclose to the following information to the bankruptcy courts
upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number,
Your Email address and other contact information that You may provide to us. You
also authorize us to disclose copies of Your certificates of completion issued
by Administrator, and whether or not You have completed the services for which
you engaged Administrator.
(e) authorized members of the respective staff(s) of the above parties, in
accordance with the limitations set forth above; and
(f) any other individuals or entities as may be required by statute, court order
or governmental regulation.
This information shall not be provided or sold to parties not disclosed above
without Your express written consent. If You believe Your information has been
provided or sold to parties not disclosed above, please contact Administrator
IMMEDIATELY at 207-879-0389 or 1-866-662-4932 (toll free) and request to speak
with the Director of Operations.
5.3 CONSENT TO COLLECTION, USE AND DISCLOSURE OF DEMOGRAPHIC AND STATISTICAL
DATA. You agree that Administrator may collect, use and disclose demographic,
statistical and assessment information, gathered in any manner by the SOFTWARE
or as part of the customer support services provided to You and related to the
SOFTWARE, if any, to any third party for the purposes of research and analysis,
but not in any form that personally identifies You. You also agree that such
information may be published, but not in any form that personally identifies
You.
5.4 DISCONTINUED SERVICES. Administrator reserves the right to discontinue the
use of SOFTWARE and any Internet-based services provided to You or made
available to You if You violate the terms and conditions of this Agreement.
5.5 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
5.6 TERMINATION. Without prejudice to any other rights, You may cancel this EULA
at any time with written notice to Administrator. In such event, You will be
denied access to the SOFTWARE. Such written notice must be sent to
Institute for Financial Literacy
ATTN: EULA TERMINATION
PO Box 1842
Portland, ME 04104-1842
5.7 TRADEMARKS. This EULA does not grant you any rights in connection with any
trademarks or service marks of Administrator or its suppliers.
5.8 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in
and to the SOFTWARE CONTENT (including but not limited to any images,
photographs, animations, video, audio, music, and text, incorporated into the
SOFTWARE), the accompanying printed materials, and any copies thereof, are owned
by Administrator or its suppliers. The SOFTWARE CONTENT is licensed, not sold.
All title and intellectual property rights in and to the content that is not
contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE
is the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. Use of
any on-line services which may be accessed through the SOFTWARE may be governed
by the respective terms of use relating to such services.
5.9 PRODUCT SUPPORT. Support for the SOFTWARE and SOFTWARE CONTENT is provided
by Administrator.
5.10 U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE and SOFTWARE CONTENT provided
to the U.S. Government pursuant to solicitations issued on or after December 1,
1995 is provided with the commercial rights and restrictions described elsewhere
herein.
5.11 ADMINISTRATORS DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY
TECHNICAL SUPPORT SERVICES (IF ANY) RELATED TO THE SOFTWARE ARE PROVIDED AS IS
AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL
PROVISIONS PROVIDED BELOW SHALL APPLY. SUCH LIMITED WARRANTIES, LIMITATION OF
LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
5.11.1 WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY
OTHER COUNTRY
LIMITED WARRANTY
5.11.2 LIMITED WARRANTY. Administrator warrants that the SOFTWARE and SOFTWARE
CONTENT will perform substantially in accordance with its stated purpose.
5.11.3 CUSTOMER REMEDIES AGAINST ADMINISTRATOR. You agree to waive any and all
liability on the part of Administrator, to the extent permissible by law, for
any and all actions TAKEN BY YOU as a result of the information provided to you
by Administrator, including any consequences thereof, whether foreseeable or not
foreseeable. You are NOT WAIVING liability on the part of Administrator for
actions TAKEN BY ADMINISTRATOR. This waiver also has NO EFFECT on Your rights as
set forth in 11 U.S.C. Sec. 111(g) (the United States Bankruptcy Code), which
requires that A nonprofit budget and credit counseling agency [such as
Administrator] that willfully or negligently fails to comply with any
requirement under [the Bankruptcy Code] with respect to a debtor shall be liable
for damages in an amount equal to the sum of (A) any actual damages sustained by
the debtor as a result of the violation; and (B) any court costs or reasonable
attorneys fees (as determined by the court) incurred in an action to recover
those damages.
5.11.4 CUSTOMER REMEDIES AGAINST ADMINISTRATORS SUPPLIERS. Administrator's
suppliers' entire liability and your exclusive remedy against such suppliers
shall be, at supplier's option, either (a) return of the price paid, or (b)
repair or replacement of the SOFTWARE or SOFTWARE CONTENT that does not meet
this Limited Warranty and which is documented to Administrator and/or its
suppliers. This Limited Warranty is void if failure of the SOFTWARE or SOFTWARE
CONTENT has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE or SOFTWARE CONTENT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
5.11.5 NO OTHER WARRANTIES BY ADMINISTRATORS SUPPLIERS. To the maximum extent
permitted by applicable law, Administrators suppliers disclaim all other
warranties, either express or implied, including, but not limited to implied
warranties of merchantability and fitness for a particular purpose, with regard
to the SOFTWARE, SOFTWARE CONTENT, and the accompanying written materials (if
any). This limited warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction.
5.11.6 NO LIABILITY FOR CONSEQUENTIAL DAMAGES AGAINST ADMINISTRATORS SUPPLIERS.
To the maximum extent permitted by applicable law, in no event shall
Administrators suppliers be liable for any damages whatsoever (including without
limitation, special, incidental, consequential, or indirect damages for personal
injury, loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or inability
to use this product, even if Administrators suppliers have been advised of the
possibility of such damages. In any case, Administrator's suppliers' entire
liability under any provision of this agreement shall be limited to the amount
actually paid by you for use of the SOFTWARE, SOFTWARE CONTENT, and any
accompanying written materials. Because some states/jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
5.11.7 CHOICE OF LAW. If you acquired the SOFTWARE in the United States of
America, this Software License Agreement and Warranty are governed by
the laws of the State of Maine, U.S.A. If you acquired the SOFTWARE outside the
United States of America, local law may apply.
E. SOFTWARE PRODUCT LICENSE
6. GRANT OF LICENSE BY MANUFACTURER. Manufacturer grants You the following
rights, provided You comply with all of the terms and conditions of this
Software Product License, or End User License Agreement (EULA):
6.1 USE. Except as otherwise expressly provided in this EULA, you may use,
access, display and run this program and its components via the internet for the
intended purpose only.
6.2 CONSENT TO COLLECTION AND USE OF TECHNICAL DATA. You agree that Manufacturer
and its affiliates may collect and use technical information gathered in any
manner by the SOFTWARE or as part of the product support services provided to
you, if any, related to the SOFTWARE. Manufacturer and its affiliates may use
this information solely to improve their products, and will not include any
personal identifying information. Any technical information so collected will
not be distributed to non-affiliate third parties.
6.3 DISCONTINUED SERVICES. Manufacturer reserves the right to discontinue the
use of SOFTWARE and any Internet-based services provided to you or made
available to you.
6.4 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
6.5 TERMINATION. Without prejudice to any other rights, Manufacturer may cancel
this EULA if you do not abide by the terms and conditions contained herein. In
such event, you will be denied access to the SOFTWARE.
6.6 TRADEMARKS. This EULA does not grant you any rights in connection with any
trademarks or service marks of Manufacturer or its suppliers.
6.7 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in
and to the SOFTWARE (including but not limited to any images, photographs,
animations, video, audio, music, text and "applets," incorporated into the
SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE,
are owned by Manufacturer or its suppliers. The SOFTWARE is licensed, not sold.
All title and intellectual property rights in and to the content contained in
the SOFTWARE, is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and
treaties. Use of any on-line services which may be accessed through the SOFTWARE
may be governed by the respective terms of use relating to such services. If
this SOFTWARE contains documentation that is provided only in electronic form,
you may print one copy of such electronic documentation.
6.8 PRODUCT SUPPORT. SOFTWARE support for the SOFTWARE is not provided by
Manufacturer or its affiliates. For product support, please contact
Administrator.
6.9 MANUFACTURERS DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT
SERVICES (IF ANY) RELATED TO THE SOFTWARE ARE PROVIDED AS IS AND WITH ALL
FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS
PROVIDED BELOW SHALL APPLY. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND
SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
6.10.1 WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY
OTHER COUNTRY
LIMITED WARRANTY
6.10.2 LIMITED WARRANTY. Manufacturer warrants that the SOFTWARE will perform
substantially in accordance with its stated purpose for a period of ninety (90)
days from the date of receipt. Any implied warranties on the SOFTWARE are
limited to ninety (90) days. Some states/jurisdictions do not allow limitations
on duration of an implied warranty, so the above limitation may not apply to
you.
6.10.3 CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and
your exclusive remedy shall be, at Manufacturer's option, either (a) return of
the price paid, or (b) repair or replacement of the SOFTWARE that does not meet
this Limited Warranty and which is documented to Manufacturer. This Limited
Warranty is void if failure of the SOFTWARE has resulted from accident, abuse,
or misapplication. Any replacement SOFTWARE will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is longer.
6.10.4 NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,
Manufacturer and its suppliers disclaim all other warranties, either express or
implied, including, but not limited to implied warranties of merchantability and
fitness for a particular purpose, with regard to the SOFTWARE, the accompanying
written materials (if any). This limited warranty gives you specific legal
rights. You may have others which vary from state/jurisdiction to
state/jurisdiction.
6.10.5 NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
by applicable law, in no event shall Manufacturer or its suppliers be liable for
any damages whatsoever (including without limitation, special, incidental,
consequential, or indirect damages for personal injury, loss of business
profits, business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use this product, even
if Manufacturer has been advised of the possibility of such damages. In any
case, Manufacturer's and its suppliers' entire liability under any provision of
this agreement shall be limited to the amount actually paid by you for use of
the SOFTWARE. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
6.10.6 CHOICE OF LAW. If you acquired the SOFTWARE in the United States of
America, this Software License Agreement and Warranty are governed by the laws
of the State of Maine, U.S.A. If you acquired the SOFTWARE outside the United
States of America, local law may apply.
[End Client Online Program User Terms and Conditions]
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Facilitator Online Program User Terms and Conditions
IMPORTANT-READ CAREFULLY: By accepting the terms and conditions set forth in
this Agreement (Agreement), you are agreeing to enter into a legal agreement
between yourself, a Facilitator (User or You), the Institute for Financial
Literacy (Administrator), and the manufacturer of this software (Manufacturer)
for use of this product ("SOFTWARE"). The SOFTWARE includes Manufacturer's
computer software, and may include associated media, printed materials, "online"
or electronic documentation, and Internet based services. Note, however, that
any software, documentation, or web services that are included in the SOFTWARE,
or accessible via the SOFTWARE, and are accompanied by their own license
agreements or terms of use are governed by such agreements rather than this
Agreement. This Agreement may be modified by Manufacturer at any time, with or
without notice, without restriction.
By downloading, accessing or otherwise using the SOFTWARE, you agree to be bound
by the terms of this Agreement. If you do not agree to the terms of this
Agreement, you may not use the SOFTWARE, and you should promptly contact
Administrator for instructions.
FACILITATOR END USER AGREEMENT
A. INTENDED PURPOSE. The purpose of this agreement, SOFTWARE and any written
materials provided by Administrator is to provide one or more of the following
services to You, at your option: (1) allow you to refer individuals for credit
counseling through the Internet or telephone, (2) receive a copy of certificates
of completion that those individuals have received for credit counseling, (3)
refer individuals for a personal financial management instructional course as
required by the United States Bankruptcy Code (11 U.S.C. 109(h), 11 U.S.C. 111,
11 U.S.C. 727 and 11 U.S.C. 1328), and/or (4) receive a copy of certificates of
completion that those individuals have received for a personal financial
management instructional course.
B. FEES
1. RECEIPT OF PAYMENT IN TRUST. If you refer a client for services through this
Program, You hereby agree to collect Administrators fee for those services,
according to the fee schedule below, and hold those fees in trust until they are
collected from You by Administrator. 11 U.S.C. Sec. 111(c) and (d) (the United
States Bankruptcy Code), requires that if a fee is charged for counseling
services [or the instructional course], [Administrator must] charge a reasonable
fee, and provide services without regard to ability to pay the fee. If You
believe an individual you wish to refer for services is unable to pay the fee
set forth below, call Administrator at 1-866-662-4932 so that Administrator may
waive all or a portion of that fee. Fees will be collected from Facilitator by
Administrator by credit card, debit card, ACH or paper billing, depending on the
selection made at the time Facilitator registers to use the Program.
2. COMPENSATION. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, CHARGE AN INDIVIDUAL
BEING REFERRED TO ADMINISTRATOR FOR SERVICES A FEE GREATER THAN THAT SET FORTH
BELOW FOR THAT SERVICE. IN ADDITION, ADMINISTRATOR SHALL NEITHER PAY NOR ACCEPT
COMPENSATION IN ANY FORM FOR REFERRALS. There is no fee whatsoever payable by
Facilitator to Administrator relating in any way to the Program or referrals
therefore.
3. FEE SCHEDULE. The following fee schedule shall be used to compute the fees
that shall be collected from an individual being referred to Administrator for
services:
Description of Service Online Telephone Single User Credit Counseling $20.00
$35.00 Financial Education Program $25.00 $45.00 Shipping & Handling for
textbook and materials $ 5.00 $ 5.00 Joint (User and spouse) Credit Counseling
$40.00 $70.00 Post Filing, Pre-Discharge Education $35.00 $75.00 Shipping &
Handling for textbook and materials $ 5.00 $ 5.00 Additional Textbook (only if
requested by client) $15.00 $15.00 Additional S&H for additional Textbook $ 5.00
$ 5.00
C. DE