This agreement is made between Kinum, Inc. ("Kinum," "We," or "Us") and Company Name as defined in the Order Form, referred to as "Client" or "You." Signer agrees that he/she is an authorized representative of Client that has the necessary authority to engage into a contractual relationship with Kinum.

Kinum has two main phases: Connect and Collect

CONNECT: In Connect, our system automatically contacts your debtors up to 5 times in your name, or/and then up to 5 times in our name. Debtors are instructed to make payment to you, and you will notify us when you receive payment. You may stop or cancel the collection process on an account at any time during the Connect phase.

COLLECT: If the debtor has not responded to the Connect reminders or demands, or a letter is returned because the debtor has moved, you can assign and delegate the collection duties to us. We will notify you when we are about to transfer an account from Connect to Collect and allow you to pause or cancel it. If an account is transferred, you agree to immediately stop your collection efforts and refer all communication with the debtor back to Kinum. During the Collect phase, debtors will be instructed to make payments to us. However, if they pay you directly, we are still entitled to our commission and fees. We will pay you the amount we collect, after deducting the commission based on the rate specified on page 1 (order placement form). If our in-house collection team is unsuccessful in collecting the debt, we may refer it to an attorney for additional collection efforts. Kinum onboarding directs client users to refer Collect consumers to Agency and Connect consumers to the client. Kinum is entitled to full commission on consumers who are wrongly referred to the agency instead of the client.

WE PROMISE TO:

1. Professionally collect the debt in accordance with the Fair Debt Collection Practices Act, state laws, any other applicable laws, rules, or regulations, and shall maintain the privacy and confidentiality of debtor information entrusted to us.
2. Combine orders to ensure that you pay the lowest rate. Orders made within 120 days of your original order are added to that order to qualify for the best volume pricing. For example, if you purchase 100 accounts and then purchase another 150 accounts ninety days later, we will combine the two orders and charge you the 250-account volume price on the second 150 accounts purchased.
3. Utilize interest to offset the costs of collection and as a negotiating tool for debt settlement. If you add interest to delinquent accounts as permitted by law and your contract with the debtor, we are entitled to a commission on interest recovered at the rate listed on page 1. If you do not add interest, and we choose to add it, we may retain any interest recovered. In either event, you grant us the discretion and authority to waive interest as an incentive to induce payment of the debt.

4. Deliver a statement and/or the money we recovered the prior month by the 15th of each month. Although we instruct debtors in the Collect phase to make payments to us, they often will make payments to you. We are entitled to deduct from payments we have received, or charge you for payments you have received, the commissions, interest, convenience fees and returned check fees we have earned.

5. Indemnify and hold you harmless from and against any claims, liabilities, damages, and penalties resulting from our collection efforts on your behalf unless you have given us inaccurate, misleading, or out-of-date information, or have acted negligently.

6. Send Collect accounts to a law firm on your behalf, which will make a written demand and phone calls for payment. There are no additional fees for this service; however, you agree to pay a commission (at the legal rate listed on page 1) on debts collected by the law firm due to the written demand and phone calls. If those efforts are unsuccessful, the law firm’s attorney will investigate in anticipation of litigation at no cost to you and recommend whether to take legal action and estimate the costs. You will be only responsible for advanced legal costs if you authorize the attorney to file a suit.

YOU PROMISE TO:

1. 
   Not assign debts that are beyond the statute of limitations or within 1 year of expiring. Please check the appropriate state where the consumer resides.

2. Represent and warrant that any amounts you request we collect, including any interest, fees or other charges, are expressly provided by the contract between you and your customer or otherwise explicitly authorized by applicable law, and that none of the accounts have been paid, settled, or otherwise have any defense or right of setoff. You can provide Kinum, upon request, with accurate substantiation of the debt (example: A signed contract/application and/or an itemized statement showing all transactions, payments or balance transfers). Failure to provide substantiation of the debt within 10 days of request from Kinum will give Kinum authority to forgive the debt. You will indemnify and hold us harmless from, and against any claims, actions,or penalties with respect to accounts you have given us that contain inaccurate, incomplete, or misleading information.

3. NOT add any collection fees on accounts placed for collection. In rare instances, only written permission from Kinum's CEO or COO, may allow the addition of collection fees. This approval by Kinum does not release you from your obligation to ensure that the fees are legally allowable and in accordance with all state and federal laws. You understand that if Kinum is sued or needs to retain counsel from a threat of suit regarding the addition of collection fees, you will pay all of Kinum's expenses in defending such action as well as pay any money to settle such action. In the event of a judicial claim, or threat thereof, filed against Contractor for adding a collection fee to the debt account, client will provide an experienced attorney to represent the Contractor and assume the costs related to the judicial process. Client will notify Contractor of any changes to  the Compensation resulting from a state, federal, or other applicable regulation

4. Automatically assign accounts to us for collection that have completed the Connect phase or are returned due to an incorrect address unless you have paused, canceled them or requested an Authorized Transfer on page 1 of this agreement.

5. Immediately update changes in the accounts (through our web portal or by email), including payments or bankruptcies you have received, and send us all account-related notices received from the debtor, his or her representatives, agents, attorneys, courts or others.

6. Authorize us to settle any accounts at or above the Settle in Full Authority percentage rate listed on page 1.

7. Excuse us from performing under this agreement due to any act or event beyond our control (Force Majeure), until such an act or event no longer prevents us from performing.
8. Grant us authority (with respect to money recovered in the Collect phase) to endorse negotiable instruments. You authorize us to earn and retain all convenience fees, interest that we add and returned check fees. The principal amount and the credited value of Returned Merchandise received in payment of a debt will be at the commission rates listed on page 1.

9. Provide upload data in a format that meets CFPB Regulation F requirements. If you cannot provide upload data in a format that meets CFPB Regulation F requirements, you authorize one of Kinum’s letter vendors to send a last statement on your behalf. You authorize the letter vendor to use your company name and address in the return address position of the outgoing envelope.

10. If you are a health care facility, ascertain that charges placed with Kinum do not exceed those allowed by the No Surprises Act, Medicare/Medicaid, and that you have followed all applicable requirements regarding insurance and charity care screening, as well as any billing and notice requirements before placement.

COLLECT DETAILS DEFINITIONS:

 Commission Rates:

Transfer Options

ENFORCEMENT.

If legal action is necessary to enforce this Agreement, all costs, reasonable attorney's fees, and expenses incurred to remedy any breach will be borne by the losing party. The laws of the State of Virginia, subject to the exclusive venue and jurisdiction of the state of Virginia, or federal courts located nearest to Virginia Beach, VA, shall apply to such claims. Below, the signer agrees that he/she is an authorized representative of Client who has the necessary authority to enter into a relationship with Kinum.

OUR GUARANTEE:

We promise to collect at least 2 times your purchase price if all accounts purchased under this Agreement are entered and processed through our Connect phase as instructed by Kinum and our representative, or we will refund the entire purchase price or the difference, if any, between what was collected in Connect and twice what was paid to use for the Connect service, whichever is less.

CREDIT REPORTING:
Kinum may report debts to the credit bureaus on your behalf (your choice is mentioned on page 1 of the agreement). By selecting YES for credit reporting, you agree to perform the following to the best of your knowledge and ability, (1) Post payments received in a timely manner, (2) Forward any disputes or bankruptcies immediately to Kinum, (3) Provide substantiation of all debts assigned at either time of placement or as requested, and (4) Always accurately report the balance and the status of the account. You understand and agree to abide by all rules and regulations as set forth by the FCRA and agree to indemnify and hold Kinum harmless from any of your actions  resulting in a violation of FCRA rules and regulations. For more information regarding FCRA please visit https://www.ftc.gov/system/files/ftc_gov/pdf/fcra-may2023-508.pdf 

TERM. This Agreement begins the day we sign it and continues until canceled by you or us with at least 30 days written notice. You agree to pay us commissions, fees and costs we've earned prior to cancellation, including commissions on money received in the future as part of a payment arrangement we've made with debtors. Request to cancel or terminate Kinum Collect accounts must be in writing. Accounts shall be cancelled or terminated only upon written acknowledgment by Kinum. A fee of 25% of the total amount of all assigned Accounts that are cancelled or terminated by Client shall apply and shall be payable within fifteen (15) days of termination. Kinum shall be able to offset amounts otherwise due to Client. Renewal of Connect Accounts, changes in pricing, commissions or other terms will be accepted via email and must be agreed upon by both parties. Unless otherwise stipulated, all other terms will remain as determined by this agreement, in perpetuity. This paragraph does not apply to Wisconsin clients.

KINUM “PAYMENT TO CLIENT” INFORMATION. Client authorizes Kinum to send monthly collection payments via direct deposit into Client’s checking or savings account free of charge. Client is aware that opting to receive paper checks each month may incur a processing fee. Client will use secured link to provide ACH information (https://secure.rightsignature.com/templates/c5e42c68-05f3-4df3-9f22-e25f58aef90d/template-signer-link/1428fca1f107e5847e6b39616b5434f1 ).