1. Parties and Definitions: The provider (“Provider”) is defined as the person or entity providing bail bond services (“Services”) or the correctional facility (“CF”) providing cash bail services to a customer of Services. BailRep, LLC. (“BailRep”) is a technology company that provides platform solutions (the “Platform”) that provide consumers access to financing from lending partners (“Lenders”) to purchase our Partner’s services (the “Program”). Partner desires to integrate the Platform to provide access to financing solutions to its customers.
2. Agreement: The purpose of this (“Agreement”) is to memorialize the terms under which BailRep will provide Financing for Providers’ Services for Customers.
3. Provider Appointment: During the term of this Agreement and subject to the terms and conditions set forth in this Agreement, BailRep appoints Provider as a non-exclusive provider of BailRep. Provider will direct customers to the BailRep Website to apply for offers for bail financial products, including bail bond loans.
4. Services: The parties agree to perform various services in connection with the Program, as set forth more fully in the Provider Agreement Terms and Conditions posted on BailRep’s website (Terms and Conditions.) - as maybe amended from time to time (“Terms and Conditions”). You will receive all notices of updates to the Terms and Conditions via the email address you provide above. Please make sure to keep your contact information current. In the event of a change to the Terms and Conditions, your continued access to the Platform, continued offering of the Platform to your customers, or use of any other service under this Agreement constitutes your acceptance of the amended Terms and Conditions.
5. Term and Termination: TThe term of this contract is 1 month. Partner acknowledges all pricing is done a month in arrears. Partner agrees to be bound by the Terms and Conditions in place at time of signing of this Agreement. This contract shall automatically renew unless terminated 30 days prior to its expiration or in accordance with the Terms and Conditions.
6. Entire AgreementThis agreement, the Terms and Conditions (as such may be amended from time to time), and any addenda constitute a single agreement (collective referred to as this “Agreement”). This Agreement governs Partner’s participation in the Program and constitutes the entire agreement between the parties as relates to the Program. This Agreement supersedes any prior agreements or representations relating to the Program and may not be contradicted by evidence or prior, contemporaneous, or subsequent oral agreements.
7. Authority to Execute Agreement: The individual executing this Agreement on behalf of Partner expressly represents and warrants to BailRep that (a) the individual is acting within the individuals’ power and authority to enter into and execute this Agreement on behalf of Partner, (b) the individual’s actions in entering into this Agreement have been duly authorized and approved by Partner in accordance with all necessary governing documents, and (c) this Agreement will be legally binding on Partner after the individual’s execution of this Agreement.
8. Program Features and Platform Fee: Partner agrees to pay BailRep pursuant to the fee schedule below to receive the following features of the program:
• Fee: 0% per loan funded by Lender
• Monthly Minimum: Greater of $0.00 or 0% of provider transactions
• Monthly Platform Access Fee: $99
• One time setup cost: FREE
• Loan Submission: UNLIMITED
• Product(s) Available to Customer Through Platform: 12 months to 96 months term loan products.
9. Marketing Authorization: Partner authorizes BailRep to work directly with any agencies or vendors providing services to Partner which may be involved with delivering the services contemplated under the Program. BailRep is authorized to request that marketing or information related to the Program be included in communications sent to customers by Partner or on behalf of Partner by any 3rd parties.
10. Provider Responsibility to Verify Client Data and Identification: Provider is solely and exclusively responsible to check for personal identifying information and to ensure Client’s drivers license, paystub information, and bank account all match the identity of the Client seeking financing. If Client information and all pertinent information do not match, or if Provider fails to ask for identification to verify any information required, Lender will not offer Financing to Provider. Provider’s retention of a photocopy of Client’s government-issued photo identification card or of a notation of the identification number and expiration date shall serve as proof of Provider’s fulfillment of its responsibility to request and verify the Clent’s personal identifying information.
11. Indemnification by Provider: Provider agrees, at its expense, to indemnify and hold harmless BailRep and its shareholders, directors, officers, partners, affiliates, employees, agents, and contractors from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands made by Patient against BailRep to the extent arising from or related to negligent acts or willful misconduct of Provider.
12. Choice of Law; Jurisdiction: This Agreement and any matters hereunder shall be governed by and construed in accordance with the laws of state of Colorado, excluding its conflict of law rules. Provider hereto hereby consent to the exclusive jurisdiction and venue of the courts of state of Colorado with respect to the resolution of any suit, action or proceeding hereunder.
13. Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
14. Mediation: All claims and disputes arising under this Agreement that cannot be resolved by the parties must first be submitted to a mediator in an attempt to resolve the dispute outside of litigation. Any such mediation shall begin within fifteen days from the request for mediation by either party. The mediation must be completed within ten days thereafter. The parties will split the cost of mediation. If the parties do not submit to this mediation in good faith, as determined by the mediator, the parties may not proceed with any other remedies under this Agreement.
15. Arbitration: Should mediation prove unsuccessful, next, any claims and disputes arising under this Agreement are to be settled by binding arbitration in the state of Colorado. The arbitration shall be conducted on a confidential basis in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of such arbitration shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction.
16. Attorneys’ Fees: If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party may recover reasonable costs and attorney’s fees incurred in such proceeding.
17. Updated Terms: In the event that BailRep makes major updates to the terms of this Agreement, it will notify Provider in writing and request to digitally sign the updated agreement that will apply to all Financing from that date. If you do not agree with the terms of the updated agreement, Provider may not continue to use BailRep’s Financing.
18. No Waiver: The failure to exercise or enforce or delay in exercising or enforcing any right or remedy provided by this Agreement or by law shall not constitute a waiver of the right or remedy or a waiver of other rights or remedies and the single or partial exercise or enforcement of any right or remedy provided by this Agreement or by law shall not preclude or restrict the further exercise or enforcement of any such right or remedy.
19. Notices. Any and all notices shall be provided to the Names and addresses above. If to BailRep, all formal and legal notices should also be sent to support@bailrep.com.
Notice to BailRep may be delivered to the following addresses or to such other addresses as BailRep may designate in a notice to Provider:
BailRep, LLC
Attn: Legal Department
5570 Sterrett Place, Suite 201
Columbia, MD 21044legal@bailrep.com
AUTHORIZATION & CONSENT FOR ELECTRONIC DELIVERY OF DISCLOSURES: You may not apply online unless you accept these disclosures and information electronically. Please read this information thoroughly and print a copy and/or retain this information electronically for your records.
From time to time, we may be required by law to provide certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically that pertain to all products offered via the BailRep platform including but not limited to: the Lending partner’s installment loans ("Installment Loans"). Please read the information below carefully and if you can access this information electronically and agree to these terms and conditions, please confirm your agreement by clicking "Submit Application."
By consenting to electronic disclosures, you are: • Agreeing to receive electronically any state or federal disclosures, notifications and communication in connection with the platform; • Consenting to and acknowledging that you have read, understand and agree to be bound by the following terms and conditions.
By clicking the "Submit Application" button, you agree to: • Receive, access and retain electronic disclosures. That you meet the hardware and software requirements listed below, including the ability to receive and read emails and log into https://app.bailrep.com/login.php. • Agree to download or print the disclosures for your records. • Acknowledge that you are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that this statute applies to the fullest extent possible.
Access Requirements: To access and retain electronic disclosures, you will need a desktop or laptop personal computer that has access to the internet. Compatible operating systems including recent versions of Windows and macOS. You must have a web browser that at a minimum supports 128-bit encryption. Such web browsers include the most recent versions of Internet Explorer, Chrome, Firefox, or Safari. You must also have an email account and related software capable of receiving emails through the internet. In order to access the disclosures, you must have an updated version of Adobe Reader and maintain an accurate email address. You must also have a compatible printer connected to your computer if you wish to print copies of such documents, or available storage space on your computer to retain a copy of the file.
Additional Mobile Technology Requirements: If you are accessing the BailRep website from a mobile device (such as a smart phone, tablet, or similar device), in addition to the above requirements you must make sure that you have the latest device operating system (e.g., the latest version of iOS or Android OS) and the ability to save or print your loan documents in PDF format on a mobile device. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
If there is a change in the hardware/software requirements associated with this service that creates a material risk that you will not be able to access electronic disclosures, we will notify you, provide an explanation of the updated hardware/software requirements, and allow you the opportunity to withdraw consent for continued electronic delivery. It is your responsibility to ensure that your hardware and software continue to meet the disclosed hardware and software requirements and electronically save or print copies of any documents delivered electronically that you wish to retain in paper form. You agree to notify us if you are unable to access any of the information provided by us electronically.
Right to Receive Paper Statements and Other Records and Information: We reserve the right to communicate with you in writing using the U.S. Postal Service, no matter what option you have chosen. For accounts that are in default or subject to the automatic stay in bankruptcy, we may, at our sole option, elect to discontinue delivering electronic disclosures and E-statements.
For Partners: At any time, you may request paper copies of any record made available to you electronically. To request a paper copy, please call us at (844) 692-2457.
Withdrawing Consent to Receive Electronic Disclosures: You have the right to withdraw your consent to receive electronic disclosures at any time and choose to receive paper disclosures in lieu of electronic disclosures, including any billing statement on an ongoing basis.
For Platform customers: To withdraw your consent, you may contact us via telephone at (844) 692-2457 or through email at support@bailrep.com. You may also reach us at BailRep, 5570 Sterrett Place, Suite 201 Columbia, MD 21044. If you withdraw your consent in writing, you must provide us with your full name, US postal address, account number and telephone number.
Accurate Email Address Required: You must also maintain a valid and active e-mail address. If at any time your email address changes you must notify us immediately. We will send you an email notification at your last email address of record when your E-statement is available. If we send you email notification and it is returned to us as undeliverable, we may attempt to contact you and ask that you update your email address.
For Partners: you may update this information by emailing us at support@bailrep.com.
Discontinuation of Electronic Disclosures: We reserve the right to terminate the delivery of electronic disclosures in whole or in part at any time without prior notice except as required by law.
Your Computer Equipment or Software. : We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment. You understand that the information you have elected to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically nor any damages caused by unauthorized access. We are not responsible for delays in the transmission of any information. We are not responsible for any computer virus or related problems.
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