770 Lynnhaven Parkway, Suite 160
Virginia Beach, VA 23452

Phone: 1.888.471.0280
Service Agreement:
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." Page 1 refers to the online order form.

If an account is assigned, you agree to immediately stop your collection efforts and refer all communication with the debtor back to Kinum. In the Collect phase, debtors will be instructed to make payments to us, but if they pay you directly, we are still entitled to our commission and fees. We will pay you what we collect, after deducting the commission based on the rate found on page 1. If our in-house collection team is unsuccessful in collecting the debt, we may send it to an attorney to make additional collection efforts.

TERM . This Agreement begins the day we sign it and continues until cancelled 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. This paragraph does not apply to Wisconsin clients.

WE PROMISE TO:

1. Professionally collect the debt in accordance with the Fair Debt Collection Practices Act and state laws, and to maintain the privacy and confidentiality of debtor information entrusted to us.

2. 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 don’t 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.

3. Mail to you by the 15th of each month a statement and/or the money we recovered the prior 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.

4. Send difficult Collect accounts to an attorney, who will make a written demand and phone calls for payment. There are no additional fees for this service, but you agree to pay a commission (at the legal rate listed on page 1) on debts collected by the attorney as a result of the written demand and phone calls. If those efforts are unsuccessful, the attorney will review the case at no cost to you and recommend whether to take legal action, and estimate the costs. You will be responsible for legal expenses only if you instruct the attorney to take legal action.

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.

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. Assign only accounts that are legally due and be able to provide Kinum, upon request, with accurate substantiation of the debt, such as a copy of a judgment against the consumer or a signed contract/application. If no signed contract or application exists, a copy of an itemized statement

showing all transactions, payments or balance transfers must be provided. No collection fees are to be added to accounts and if there is interest, penalties or any other fees added to an account, at our request, you will provide us with copies of the agreements that permit such charges to verify said interest, penalties and/or fees are permitted under state and federal law. Failure to provide substantiation of the debt within 10 days of request from Kinum will give Kinum authority to forgive the debt and you will no longer have the right to collect on the debt in the future. 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.

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

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

6. Excuse us from performing under this agreement due to any act or event beyond our control (Force Majeure), until such act or event no longer prevents us from performing.

7. 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.


CREDIT REPORTING:
Kinum can report debts to the credit bureaus on your behalf ( as mentioned on page 1 of the agreement). By selecting YES for credit reporting, you are requesting Kinum to report debts to the credit bureaus on your behalf. In doing so, it is imperative that you have a complete understanding of what is required in order to be compliant. The links below will give you more information as provided from the Federal Trade Commission.

https://www.ftc.gov/system/files/documents/statutes/fair-credit-reporting-act/545a_fair-credit-reporting-act-0918.pdf

For your convenience, below are some highlights of what must be agreed to before commencing with credit reporting on your accounts with Kinum.

- Post payments received in a timely manner

- Forward any disputes or bankruptcies immediately to Kinum

- Provide substantiation of all debts assigned at time of placement or as requested

- Always accurately report the balance and the status of the account

If you have any questions or are unsure about what your obligation is in order to be compliant with the Fair Credit Reporting Act, please get clarification before signing this agreement. Acceptance to our Service Agreement confirms that I have complete understanding and will do everything possible in order to stay compliant according to the guidelines established in the Fair Credit Reporting Act and hold Kinum harmless from any of your actions resulting in a violation of FCRA rules and regulations.

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.

Service Agreement Last Update Date: 10/04/2022