Check Alert Contract & Customer Services Agreement

CHECK ALERT CONTRACT & CUSTOMER SERVICES AGREEMENT

This contract is being entered into this ______day of______, 20______, between CHECK ALERT, a division of CBK Services, Inc., CONTRACTOR & PAYEE'S ASSIGNEE at 322 2nd Ave. West, Kalispell, Mt. 59901, and ______, SUBSCRIBER, for the purpose of processing checks that have been deposited to the subscriber's account and have been returned as dishonored by the checkwriter's bank.

THE SUBSCRIBER SHALL:

a. Authorize their bank to send all dishonored checks to the contractor for processing.

b. Authorize the contractor to add a service charge to each check, not to exceed the Montana Check Law 27-1-717, [ $ 30.00 ]

c. Display the CHECK ALERT NOTICE sign in conspicuous areas in the subscriber's place of business where the public can see them.

d. Not to accept payment or partial payment on checks being processed without first consulting with CHECK ALERT. Pay the contractor the service charge if the subscriber accepts payments or the amount of the dishonored check while the check is being processed by the contractor.

e. Authorizes Check Alert to list any check that has not been paid within the processing period directly with CBK Services collection department or its agents, at a contingency fee of 50% of the check amount and service charge, unless other action is deemed appropriate by Check Alert.

f. Authorize Check Alert to [ ] send [ ] NOT SEND checks directly to County Attorney upon their request or Check Alert’s determination.

THE CONTRACTOR & PAYEE'S ASSIGNEE SHALL:

a. Immediately mail to the subscriber any check that has been returned by their bank for any other reason than "Non-Sufficient Funds" (NSF), or "Account Closed", or "Stopped Payment".

b. Mail to the subscriber a listing of their checks, that are to be processed, as they are received.

c. On any accepted checks, immediately mail our notice informing the checkwriter that the check is being processed by us. Follow-up with phone calls and other notices. At the end of 30 days, to return the unpaid dishonored check to the subscriber, or to advise the subscriber of our recommendations.

d. Disburse weekly all funds received on the processed checks, less any service charge paid to the subscriber, listing the names of the checkwriters and the amount paid.

e. Record any NSF, Account Closed, Stopped Payment, Bank Closed Accounts, and Stolen/Forged checks for a period of two years for check reporting services.

f. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Subscriber does hereby sell, assign, transfer, and set over to Contractor & Payee’s Assignee all debts currently in Collector’s possession, hereby reaffirming all past assignments, transfers, and set overs, as well as all debts referred to Contractor & Payee’s Assignee in the future, including, but not limited to, interest, service fees, damages, costs, or any other fee or amounts allowed by law or agreement with the debtor, authorizing and granting Contractor & Payee’s Assignee full right and power to collect, bring legal action, and discharge said indebtedness or claim in its own name and to do whatever is deems necessary to collect said amount.

The undersigned covenants and represents that said amounts are justly due as of the received date and will provide verification upon request. Although payment may be received by Subscriber from the government, an insurance carrier, the debtor or any other source, this does not revoke or in any manner affect the assignment or Contractor’s right to the funds.

g. Suit action will be filed in the name of the Contractor & Payee’s Assignee, at the discretion of the Contractor & Payee’s Assignee, the Contractor will advance all costs and attorney fees involved in such action. Funds recovered from such action shall be retained by the Contractor & Payee’s Assignee to cover such legal costs and expenses.

This contract shall remain in force for a period of (1)year and shall automatically renew on an annual basis. Cancellation may be made by contacting CHECK ALERT to notify the subscriber's bank not to send any future dishonored checks to the contractor. The contract shall be deemed to be null and void thirty (30) days after such notification. Checks being reported by Check Alert shall continue to be listed for the balance of the two years reporting time.

CHECK ALERT SUBSCRIBER

CONTRACTOR & PAYEE'S ASSIGNEE ______

BY:______BY:______

CHECK ALERT ADDRESS:______

BOX 1739

KALISPELL, MT 59903 ______

______

Member # ( ) PHONE:______

CONTACT PERSON:______

Check Alert

A Division of CBK Services, Inc.

322 2nd Avenue West Suite “C”

PO Box 1739

Kalispell, MT 59903-1739

(406) 257 – 1616

Fax (406) 756 – 8986

To: ______Bank

Attn: Bookkeeping Dept.

Re: Dishonored Checks

This letter is your authorization to send to CHECK ALERT any and all checks that

we have deposited to our account(s) that have not been honored by the check

writer’s bank.

Please charge these checks back against our account and send the

checks, and the reason they are being returned, to:

Check Alert

PO Box 1739

Kalispell, MT 59903-1739

Dated this ______day of ______, 20___ .

Authorized Signature

Company / Account Name

Checking Account Number

Check Alert

A Division of CBK Services, Inc.

GENERAL ASSIGNMENT OF CHECKS

For valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

Creditor (______) does hereby sell, assign, transfer, and set over to Collector

(CHECK ALERT) all debts currently in Collector’s possession, hereby reaffirming all past assignments, transfers,

and set overs, as well as all debts referred to Collector in the future, including, but not limited to,

interest, service fees, damages, costs, or any other fees or amounts allowed by law or agreement

with the debtor, authorizing and granting Collector full right and power to collect, bring legal action,

and discharge said indebtedness or claim in its own name and to do whatever it deems necessary to collect

said amount. The undersigned covenants and represents that said

amounts are justly due as of the received date and will provide verification upon request. Although

payment may be received by Creditor from the government, an insurance carrier, the debtor or any other

source, this does not revoke or in any manner affect the assignment or Creditor’s right to the funds.

For ______

(CREDITOR)

Signature: ______Date: ______

CHECK ALERT

Signature: ______Date: ______

[ ] CLIENT COPY [ ] RETURN TO CHECK ALERT

Client number ______