AFS International’s Terms and Conditions.
The company (CLIENT) who placed one or more commercial collection claims with AFS International, LLC agrees to the following terms:
(AFS) for collection of past due amounts owed. AFS will use its best efforts to collect but makes no guaranty that any amount will be collected. AFS will be entitled to the following percentages on collections made by AFS on CLIENTS’ accounts:
20% for accounts less than a year old
25% for accounts more than a year old
50% for account less than $250
Negotiable for placements over $100,000
The above rates apply, only if the Account is in business at the time of placement. If the Account is bankrupt, second placement (placed with a collection agency prior to placement with AFS), out of business, paid by any other party other than the debtor; the rate is thirty three percent (33%) on collections made.
Once accounts are placed, CLIENT may be charged a commission of 15% for each account cancelled by the CLIENT, or paid prior placement.
When debtor sends payments payable to AFS, checks are deposited in AFS Account and will be considered cleared 10 business days after deposited. AFS remits to CLIENT once per month, by the 5th business day of the month, for checks that cleared the prior month. AFS deducts its commission at the same time payment is made to CLIENT. If payment is sent directly to CLIENT, AFS deducts its commission from the monthly remittance or will invoice CLIENT for the commission if there are no other collections for CLIENT.
CLIENT agrees to immediately stop all collection efforts, and to provide copies of any paperwork that will verify the debt, as requested by AFS. CLIENT agrees to report to AFS all payments, bankruptcy notices, and any communications from the debtor.
If AFS is unable to recover the account(s) placed, suit may be recommended and the contingency commission will be 50% to compensate the attorney. If CLIENT authorizes suit, CLIENT is responsible for all court costs (cost of filing, service, etc) and will also be responsible for legal fees in the event of a counterclaim filed by defendant. No suit is filed without written authorization from CLIENT and pre-payment by CLIENT of court costs and non-contingent suit fee (if required) per the litigation quote.
Any claim placed with AFS for collection may be cancelled for any reason unless there is a payment plan, or promise to pay. CLIENT must notify AFS in writing of the desire to cancel accounts. The undersigned agrees that accounts placed are subject to these terms and conditions.
AFS will keep the CLIENT informed of the progress of their accounts with easy and instant reports by logging in our website www.freightcollections.com , and by communication via mail, e-mail, fax or phone.
You agree to defend and indemnify AFS Internaitonal, LLC. and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein; or
- (ii) your violation of any law or the rights of a third party;
JURISDICTION AND GOVERNING LAW
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in California, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against AFS International, LLC. arising from or relating to this Websiteor services must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of California. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Updated: November 3rd, 2014