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DebtorWise Foundation Agreement With Subscribing Attorney.
- DebtorWise Foundation
DebtorWise Foundation (“DebtorWise”) is a not-for-profit organization that currently offers a pre-filing credit counseling course and a pre-discharge debtor education course, as well as an attorney portal system to increase efficiency for attorneys and convenience for clients. This Agreement is between DebtorWise and the Subscribing Attorney and will apply to both courses.
- Registration Procedure
Upon successful registration with DebtorWise as a Subscribing Attorney, you will be assigned a 7 digit Access Code that will be recognized when your clients sign up for a course provided by DebtorWise. Your clients will use this Code to associate their accounts with your Attorney Account. The payment will depend upon the billing option you have chosen during your registration – either you as the attorney will pay or your client will be obligated to pay (more detail below in section 4). You may change the billing method at any time, effective on a date to be agreed so that all of your clients will be served effectively.
- Certification Procedure
When a client requests to begin a new debtor education session using your Access Code, that client will be prompted to enter his or her name, and to create a unique user name and password on the DebtorWise system. If a client uses your Access Code to access the DebtorWise debtor education course, and you have selected the “Attorney Pays” payment option for the particular course, your client will not be asked to provide payment to DebtorWise directly, and your credit card on file will be charged the course fee once the client has successfully completed the registration process. If you have selected “Client Pays” billing, then your clients will be required to enter their own payment information when registering for the course, and you will not be charged for, nor will you be responsible for, payment for your clients’ Certificates. Joint married debtors will share one account with a single user name and password but will register both of their names when creating the account.
- Use of Access Code by Clients
If you have chosen the “Attorney Pays” option, then by providing your client(s) with your Access Code, you are specifically agreeing and acknowledging with DebtorWise that:
(A) You have collected the course fee from each client (or joint married debtor clients) to whom you have provided your Access Code;
(B) You have a written agreement with the client authorizing you to represent the client, and you have established a file for the client which states, at a minimum, the client’s name and address; and
(C) You have the authority: (1) to pay DebtorWise the course fee on the client’s behalf, (2) to authorize DebtorWise to share with you all information collected and/or generated regarding the client’s counseling on the DebtorWise system, and (3) to authorize DebtorWise to send the client’s Certificate directly to you at the email address you have designated for the purpose.
- Course Fees
The fee is currently $25 for the on-line pre-filing credit counseling course and $15 for the on-line pre-discharge debtor education course. DebtorWise also offers telephonic courses and the fee is $34.95 for the telephonic pre-filing credit counseling course and $24.95 for the telephonic pre-discharge debtor education course. A modest $5 service fee is added to cover the cost of issuing the second certificate for joint filers for our on-line and telephonic courses. DebtorWise reserves the right to change the amount of the course fee upon reasonable prior notice. If a Subscribing Attorney is providing services to a client pro bono, then DebtorWise will waive its course fee for that client. Subscribing Attorney agrees and acknowledges: (A) that the course fee is either being paid by the client, or, in the case of the “Attorney Pays” option, being collected from the client by the Subscribing Attorney for payment to DebtorWise, (B) that Subscribing Attorney is not charging any additional fee to the client for the DebtorWise course being taken, and (C) that Subscribing Attorney is not paying or receiving a referral fee of any kind regarding the DebtorWise course being taken. Subscribing Attorney specifically agrees and acknowledges that he/she will not charge a client for the course fee when the client has been approved for a fee waiver from DebtorWise. If a client is approved for a fee waiver and Subscribing Attorney has not yet been charged by DebtorWise for the client’s counseling, then Subscribing Attorney will not charge the client for the course, and will refund any sums paid to Subscribing Attorney by client for the course fee. If a client is approved by DebtorWise for a fee waiver and Subscribing Attorney has already been charged by DebtorWise, then DebtorWise will refund the fee for that client to Subscribing Attorney, and Subscribing Attorney will refrain from charging the client for the course, or if the client has already paid Subscribing Attorney, then Subscribing Attorney will refund any sums paid to Subscribing Attorney by client for the course fee.
- Care of Access Code by Subscribing Attorney Subscribing Attorney agrees to protect his/her Access Code, and to take all reasonable and prudent steps to ensure that the Access Code will not be shared with or used by unauthorized users. Subscribing Attorney agrees to review the Certificates that are emailed to the email address designated for the purpose, in order to confirm that only authorized clients have made use of the Access Code to obtain services from DebtorWise. Subscribing Attorney agrees to report immediately to DebtorWise any unauthorized use of the Access Code, as evidenced by the receipt of Certificates generated on behalf of unauthorized clients. Subscribing Attorney agrees that he/she will not provide Certificates to any client unless the client has been authorized by the Subscribing Attorney to use the Access Code. DebtorWise will promptly issue a new Access Code to Subscribing Attorney under any circumstance that warrants it.
- Maintenance of Records
Subscribing Attorney agrees to maintain good and legible copies of all files of clients who have received a DebtorWise course for a period of not less than four (4) years from the date the course is taken.
- Knowledge of Terms and Conditions Applicable to Clients
DebtorWise reserves the right to terminate Subscribing Attorney’s account and disable the Access Code if Subscribing Attorney fails to abide by any of the terms and conditions set forth in this Service Agreement.