Third Party Billing Resolution & Collection Agreement
THIS BILLING, CUSTOMER RETENTION and COLLECTION AGREEMENT, dated as of ______, by
and between SKO Brenner American, with its principal place of business at 40 Daniel Street
Farmingdale, NY and Client, with its principal place of business at Client Address.
Client wishes to engage SKO Brenner American, a reputable account receivable outsource solution
provider, to bill and post financial activities on unpaid or unresolved account receivable accounts, by
providing billing and collection resolution options to the consumer.
The following agreement is offered to effect collections as follows:
1) SKO Brenner American fees for the pursuit of consumer accounts of Client are as follows:
Customer Retention or Pre-Collection - Day 0 Default
3 letters 20 day cycle, postured as form client/product, 60 days of inbound customer service support
Optional Outbound telephone add-on – up to 9 attempts or one live contact
$___ **
$.___
** Plus 3.0% transaction fee for credit card or no charge for check by phone fee electronic check debit (at our cost),
checks received in mail are at no additional charge.
Current Placements - 120 Days or less from default
121 – 270 Days from Default
__% of Funds Collected
__% of Funds Collected
271+ Days+ from Default
__% of Funds Collected
Contingency fees include postage, forms, letter generation, collection calls, customer service and the use of our
electronic debit or credit card merchant account for newly authorized payments. Hard copy placements are subject
to a one-time keypunch service charge of $.25 per account.
2) Client will report on a timely basis all payments and account activities that will require a stop action
on the part of SKO Brenner American on a timely fashion. When appropriate, SKO Brenner
American will deduct fees due from payments paid directly to agency.
SKO Brenner American recovery fees are based on payments received at both SKO Brenner
American and Client locations.
3) All monies will be remitted in net of fees due and forwarded with the appropriate reports to Client.
SKO Brenner American will cut-off all reports by the last day of each respective month unless
otherwise specified by Client.
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4) SKO Brenner American will adhere and abide by all Federal, State and Local laws and regulations
relating to billing and collection, including but not limited to the Fair Debt Collections Practices Act
(collectively, the “Applicable Law”). SKO Brenner American represents and warrants that all
letters and communications used to perform the service hereunder comply and consistent with the
Applicable Law.
5) Client has the right to audit its accounts at SKO Brenner American during normal business hours.
In addition SKO Brenner American will provide on-line access to its billing system for remote
audits of consumer contact and recovery activities.
6) SKO Brenner American agrees to indemnify and hold + and its affiliates harmless against any or
all liability, cost and expenses occasioned by claims or suits for loss or damages arising out of the
acts of SKO Brenner American, or its agents, servants or employees. SKO Brenner American has
obtained the necessary insurance to cover this indemnification in addition to liability insurance.
Client to indemnify and hold harmless SKO Brenner American against any or all liability, cost and
expenses occasioned by claims of suits for loss or damages arising out of errors and omissions of
customer billing records submitted for collections to SKO Brenner American.
7) Confirmed settlements will not be made or settlement executed without authorization from Client.
SKO Brenner American acknowledges that it has no authority to assume or to incur any obligation
or responsibility, expressed or implied, for or on behalf of, or in the name of Client other than the
settlement or compromise of Client’s accounts with the debtors thereon.
8) It is understood that this agreement will remain in full force and effect until such time as either
party gives thirty (30) days written notice of intentions to terminate. All rights and obligations
incurred by either party shall survive such termination.
9) In event of termination of this agreement, SKO Brenner American retains the right to pursue
accounts which payment programs have been established with consumer for a period of 60 days
from termination and is entitled to all fees as outlined above in section one of this agreement.
10) After the termination of this agreement, SKO Brenner American will continue to remit any funds
collected, due to passive collection, less its fees on payments received.
11) SKO Brenner American acknowledges that all customer names and information supplied to it by
Client or on behalf of Client are the sole and exclusive property of Client. SKO Brenner American
will not use, rent, sell or otherwise disclose any of Client's customer names or customer
information without Client’s prior written approval. Other than as permitted pursuant to this
agreement, SKO Brenner American shall not solicit other business from Client’s customers
without its prior written approval. Upon termination, SKO Brenner American agrees to return to
Client, except as required by applicable law, all information that pertains to Client and its affiliates
and shall not retain or otherwise use or sell any such information for any reason other than for
purposes of complying with such law; the same being confidential and proprietary to Client.
AGREED AND ACCEPTED:
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____________________________
Robert Graham
For Client
For SKO Brenner American
____________________________
____________________________
Title: ______________________
Senior Vice President – Consumer Division
Date: ______________________
Date: _______________________
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