Terms & Conditions
1. Client authorizes HWI to personally contact telephone, correspond with, or take other proper steps necessary to attempt or effectuate collection of assigned accounts.
2. Client authorizes HWI to report all accounts to one or more credit reporting agencies.
3. Collected funds payable to HWI or Client are deposited into a collection trust account. Client hereby provides HWI with a limited power-of-attorney allowing HWI to endorse and negotiate collected checks and drafts made payable to Client for deposit into such collection trust account.
4. HWI may enter into compromise settlements of not less than eighty percent of the principal balance due without the prior consent and approval of Client, unless otherwise agreed. Credit card and phone-check transactions are shared, and adjusted as settled amounts.
5. HWI is not responsible for the loss of original documents.
6. It is not our policy to accept accounts that have been previously placed with another collection firm or accounts older than one year from last payment or service date, whichever is more recent. HWI may at its discretion accept these accounts at a fifty percent contingent fee unless otherwise agreed.
7. Accounts referred to litigation are accepted at a contingent fee of fifty percent, plus court costs.
8. Funds are remitted on a monthly basis net of collection, transaction fees and court costs, if any, after the 15th of the following month in which payment is received.
9. Direct payments received by Client on accounts referred to HWI shall be reported upon receipt. Fees and costs, if any, owing to HWI as a result of such direct payments shall be deducted from funds collected prior to remittance.
10. By submitting an account for collection, Client certifies all charges are in accordance with state, federal and local laws, statutes and regulations and are authorized in writing by the agreement between Client and the responsible party or parties. Client also authorizes the imposition of interest charges on all accounts referred to HWI for collection in accordance with applicable law. Client shall hold HWI harmless and indemnify HWI for all costs and damages including reasonable attorney’s fees as the result of any claims or liability arising from the foregoing, or Client’s breach of the above provisions or as the result of any other action or inaction of Client regarding any placed account.
11. Past due amounts owed to HWI by Client are subject to a finance charge of 1.5% monthly.
12. If Client fails to report any direct payment to HWI or fails to pay any sums owing, HWI shall have the right to institute litigation for an accounting of direct payments or for collection of sums owing and, if HWI prevails, shall be entitled to recover reasonable attorney's fees and all other costs and expenses of litigation from Client, which amounts may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose, and which amounts shall be in addition to any other relief which may be awarded.
13. Nothing contained in these Terms and Conditions shall be construed to create a partnership or employment relationship between the parties; HWI is and shall remain an independent contractor. The law of the State of Florida shall govern the enforcement and interpretation of these Terms and Conditions and the rights, duties, and obligations of the parties.Any legal action arising out of or relating to these Terms and Conditions and the rights, duties, and obligations of the parties, shall be brought in the state or federal courts of Hillsborough County, Florida. If any of these Terms and Conditions are held to be void or unenforceable, such part shall be severable from the rest, leaving valid the remainder, notwithstanding the part or parts found to be void or unenforceable. These Terms and Conditions are and shall be binding upon and inure to the benefit of the parties hereto and successors and permitted assigns. The failure of any party at any time to insist upon strict performance of any condition, promise, agreement or understanding set forth herein shall not be construed as a waiver or relinquishment of the right to insist upon strict performance of the same condition, promise, agreement, or understanding at a future time; provided, however, that any claim, right or cause of action of any kind including but not limited to a claim for monies owed belonging to Client or HWI which is not asserted in writing by Client or HWI, as the case may be, to the other party, within 360 days of the date the claiming party knew or had reason to know of the circumstances giving rise to the claim, right or cause of action shall be deemed waived and relinquished for all purposes.
14. The Terms and Conditions above apply to all accounts placed with HWI. In the event Client wishes to discontinue service, HWI shall continue to provide services upon those accountspreviously placed and shall be entitled to remuneration for the services rendered upon such accounts as if these Terms and Conditions remained in full force and effect. As to such accounts referred to HWI by Client prior to the date of discontinuance of service, all Terms and Conditions shall survive discontinuance.HWI shall have a vested right in those accounts. Consequently, if, in addition to the cessation of new business, Client chooses to withdraw those accounts, the withdrawal will be subject to a fee equal to the successful collection of that account except where, in HWI’s opinion, the debt is deemed uncollectible.