Terms & Conditions
BUSINESS CREDIT CONSULTING AGREEMENT
This Business Credit Consulting Agreement (the “Agreement”) is entered into between 360 Capital, Inc. (the “Company”) and You (“You” or the “Client”) You and the Company are collectively referred to as the “Parties.”PLEASE READ THIS AGREEMENT CAREFULLY AS IT DEFINES THE LEGAL RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND THE COMPANY.
The Company provides Business Credit Consulting Services as defined below. Client desires to receive the Services. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Client agrees to retain the Company and/or its affiliates to provide the Services under the following terms and conditions. For purposes of this Agreement, an affiliate means any person or entity designated by the Company to provide the Services.
The Term of this Agreement shall be 12 months from the Effective Date, or until all services are provided, whichever first occurs. During the Term of this Agreement, the Company shall provide Client with advice and strategies to assist the Client in attempting to establish credit for a business in which Client has an interest (the “Services”). The Company will advise the Client how to complete one or more of several tasks to be performed by the Client (“Client Tasks”).The Company does NOT agree to perform the Client Tasks as they require information solely in the possession of the Client. The Services consist of advice on how to perform the Client Tasks; not the performance of the Client Tasks for the Client. The Client Tasks may include any one or more of the following:
- File business entity with Secretary of State
- File for EIN #
- Set up business bank account
- Set up business phone number
- Apply for DUNS #
- Business credit reporting monitoring
- Optional Business Address
- Optional Website
- Optional Merchant Account
- Other misc. items typically required to operate a business
- Secretary of State entity filing fees
- Business phone number fees
- Business credit report monitoring fees
- Purchases with new business credit account
CLIENT RESPONSIBILITIESClient agrees: (1) to fully cooperate with the Company in providing all information requested by the Company to assist in providing the Services and to timely complete all Client Tasks; (2) to timely make all required payments on all of Client’s business and personal bills and accounts, including but not limited to, all lines of credit, credit cards, revolving accounts and loans; and, (3) to timely make all payments due to the Company under this Agreement and for costs incurred to third-parties for products or services selected by the Client. If the Client has not been extended at least $50,000 in total credit during the Term, including but not limited to any combination of vendor credit, trade credit, equipment leases, vehicle leases, loans, lines of credit, credit cards and real estate pre-approvals, Client shall have the option of extending the Term for an additional 12 months at no additional cost for the Services, but shall be responsible for the cost of all third-party products and services selected by Client.
COMPANY DISCLAIMER OF GUARANTEES OR WARRANTIESThe Company does not guarantee results as the results depend entirely on the Client’s individual and business situation and timely and complete performance of the Client Tasks. Client agrees that the Company has not made any representations concerning the results the Client will achieve and that no person is authorized to or has made any such representations on behalf of the Company. The Company provides the Services using a commercially reasonable level of skill and care and hope you will enjoy using them. But there are certain things the Company doesn’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER 360 CAPITAL NOR ITS AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. LIMITATION ON LIABILITY FOR OUR SERVICES WHEN PERMITTED BY LAW, 360 CAPITAL AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 360 CAPITAL AND ITS AFFILIATES FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, 360 CAPITAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
USING OUR SERVICESYou must follow any policies made available to you within the Services. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions we provide. You may use our Services only as permitted by law, including applicable import, export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from 360 Capital or its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services may display some content that is not 360 Capital's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services while driving or in a way that distracts you and prevents you from obeying traffic or safety laws.
YOUR 360 CAPITAL ACCOUNTYou will need a 360 Capital Account in order to use our Services. Your 360 Capital Account may be assigned to you by an administrator. If you are using a 360 Capital Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your 360 Capital Account, keep your password confidential. You are responsible for all of the activity that happens on or through your 360 Capital Account. Try not to reuse your 360 Capital Account password on third-party applications. If you learn of any unauthorized use of your password or 360 Capital Account, follow these instructions. If you suspect that someone else knows or has changed your password, please reset it so nobody else can sign into your account. To do so, just enter your username on the password-assistance page. If you think someone has access to the email address associated with your 360 Capital Account, please change the password for your email as well. To use many of the Services, you’ll need an Internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans and equipment. Those fees are in
addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you. When there’s something important to tell you about a Service you use, will send you Service notifications to the email associated with your 360 Capital Account. If you authorized use of your phone number for your 360 Capital account, then we may send certain notifications to you
via text messaging, and your cellular provider may charge additional fees for those text messages. 360 Capital is not responsible for payment of any such additional charges.
SERVICE AVAILABILITYThe Services, or materials or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and 360 Capital is not liable for any destruction or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your content or data that you stored. We recommend that you regularly backup your content that you store on the Services or store using third-party applications and services.
PAYMENT TERMSTotal Payment Amount: There are charges associated with the Services, and you agree to pay those charges. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. All taxes are calculated based on your location at the time your 360 Capital Account was registered. We may suspend or cancel the Services if we do not receive on time, full payments from you. Suspension or cancellation of Services for non-payment could result in a loss of access to and use of your 360 Capital Account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information payment method on your 360 Capital Account. Additionally, you agree to permit 360 Capital to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times pay. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. By providing 360 Capital with the payment method, you (1) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and correct; (2) authorize 360 Capital to charge you for the Services or available content using
your payment method; and, (3) authorize 360 Capital to charge you for any feature of the Services that you choose to sign up for or use while these terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or, (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription
Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. When you purchase the Services on a subscription basis; (become a Member of 360 Capital), you acknowledge and agree that you are authorizing recurring payment, and payment shall be made to 360 Capital by the method you’ve chosen, until your 360 Capital Membership is terminated by you or by 360 Capital. By authorizing recurring payments, you are authorizing 360 Capital to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, 360 Capital or its service providers reserve the right to collect any applicable returned item, rejection or insufficient funds fee, and to process any such payment as an Electronic Payment. You will have online access, through your 360 Capital Account, to your billing and transaction history, and will be able to view and print statements of same. This is the only billing
statement we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If 360 Capital identifies a billing error, we will correct that error within 90 days. If you receive a refund, you accept your refund and agree you will not process chargebacks or falsify negative reviews against 360 Capital or its team members. You may cancel a Service at any time, with or without cause. If you cancel, your access to the Service ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancel. Cancelling will not release you from your obligation to pay all program costs and pay pursuant to any financing agreement. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree the price change, you must cancel and stop using the Service before the price change takes effect. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any of the conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
PRIVACY AND COPYRIGHT PROTECTION
360 Capital's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that 360 Capital can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and 360 Capital's policy about responding to notices in our Help Center.
YOUR CONTENT IN OUR SERVICESSome of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through our Services, you give 360 Capital (and those we work with), a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations,
ABOUT SOFTWARE IN OUR SERVICES
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we'll be sorry to see you go. You will still be responsible to pay all program costs and pay pursuant to any financing agreement. 360 Capital may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify 360 Capital and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing newfunctions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between 360 Capital and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. Each Party represents and warrants that the person signing on its behalf below is duly authorized to do so and this Agreement binds the Party, and that the execution of this Agreement does not violate any other contract, covenant or agreement of that Party. This Agreement constitutes the entire agreement between Client and 360 Capital and all prior contracts, agreements and discussions are merged into and reflected in this Agreement. This Agreement may only be modified in a writing signed by both Parties. The laws of the State of California, U.S.A., excluding California's conflict of laws rules, apply to all disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to the formation, performance or breach of this Agreement or the Services will be litigated exclusively in the federal or state courts sitting in Los Angeles County, California, USA. You and 360 Capital consent to personal jurisdiction in those courts and agree that those courts are a convenient forum for the resolution of all such disputes.
WAIVER OF JURY TRIAL . EACH PARTY IRREVOCABLY WAIVES ITS RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE TRANSACTIONS RELATING TO ITS SUBJECT MATTER.
If you have any question about this agreement, please use one of the contact methods below to get in touch with us.
360° Capital LLC
433 North Camden Drive
Beverly Hills, CA, US 90210
1 (800) 436-0711