Consumers and Service Providers enter into and digitally sign a service agreement (the “Service Agreement”) on Credzu,LLC’s escrow platform on Credzu, LLC’s website.
In that Service Agreement, Consumers and Service Providers agree that the transaction of money between them is bound by and operates pursuant to the following General Escrow Instructions.
For and in consideration of any amounts deposited in escrow, and for any other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following terms apply.
- Consumer and Service Provider hereby designate, constitute and appoint Credzu, LLC (and any individual who works for Credzu, LLC authorized to act) as Escrow Agent to hold Escrowed Funds, and Escrow Agent accepts such designation and appointment, and agrees to act in accordance with the terms herein. It is hereby expressly understood and agreed that in the event a conflict should arise as between these terms and those of the Service Agreement, these terms will control. However, the Escrow Agent is not an “agent” under the laws of agency; the agent duties are owed exclusively to the terms of the agreement between the Consumer and Service Provider but not to the Consumer or Service Provider.
- The escrow process (“Escrow Process”) will occur as follows:
- Consumer and Service Provider login to their respective accounts at Credzu.com
- Consumer and Service Provider sign a Service Agreement that outlines the terms the Service Provider will perform for the Consumer, how much the services will cost, and how long the services will take (the “Service Agreement Terms”).
- Escrow Agent will request an escrow deposit from the Consumer for which the Consumer must affirmatively approve by clicking on the “Approve” button within the Credzu.com chat area and Escrow Agent will hold and maintain the deposit in Credzu, LLC’s escrow account while the Service Provider performs the services promised in the Service Agreement Terms.
- If Service Provider performs as promised in the Service Agreement Terms, Service Provider can request an escrow disbursement from the Escrowed Funds for any and all amounts the Service Provider earned, which must be approved by the Escrow Agent.
- If Service Provider does not perform as promised in the Service Agreement Terms, no disbursement from the Escrowed Funds will be approved by the Escrow Agent.
- Any escrow service fees due to the Credzu, LLC, at the time of disbursement request made by Service Provider and approved by Escrow Agent, may be deducted from the escrow disbursement amount prior to disbursement. The Escrow Agent will not be permitted to combine personal accounts with the escrow funds at any time during the period of this escrow agreement.
- BOUNCED, INVALID, OR OTHER INCOMPLETE PAYMENTS: In the event that an escrow deposit is dishonored, bounced, invalid, or otherwise incomplete, Consumer shall be responsible to Credzu, LLC for any and all fees associated with such a payment, and:
- a Consumer can proceed only once this issue is cured as agreed in writing in the Credzu chat area between the Consumer and Escrow Agent, and
- Credzu reserves the right to deny any payment from any method Credzu deems risky in Credzu, LLC’s sole discretion.
- Disagreements or other objections concerning the Escrow Process may be discussed between Service Provider and Consumer, but Escrow Agent has ultimate authority pursuant to its uncontrolled discretion to determine the disbursement and to otherwise act as an Escrow Agent, provided that such a decision and action is supported by the Service Agreement Terms and, in the case of disbursements, the provable performance of the Service Provider.
- Notwithstanding any provisions of the Service Agreement, Consumer and Service Provider hereby request that the Escrowed Funds do not accrue interest to the benefit of Consumer nor Service Provider.
- All payments deposited in escrow will be processed for collection in the normal course of business. Escrow Agent will deposit the Escrowed Funds in a segregated savings account with a federally-insured banking institution. All funds received may be held for a minimum of five (5) business days prior to transfer to a segregated account or disbursement.
- Upon the complete disbursement of Escrowed Funds (which can include disbursement of earned income to Service Provider or disbursement of a refund back to Consumer), Escrow Agent will be released and discharged from any further duty or obligation hereunder.
- Escrow Agent will be entitled to rely upon the Service Agreement Terms and other matters covered thereby, including the chat transcript between Service Provider and Consumer, and will not be required to investigate the authority of the person executing and delivering the Service Agreement Terms, or otherwise verify the accuracy of the statements or information presented in the chat.
- Escrow Agent will not be accountable for any incidental benefit, which may be attributable to the Escrowed Funds. Escrow Agent will not owe a fiduciary responsibility to Consumer and Service Provider, and will be a stakeholder only and not liable for any losses, costs or damages it may incur in performing its responsibilities hereunder unless such losses, costs or damages arise out of the willful default or gross negligence of Escrow Agent or its agents. Furthermore, and in no way limiting the foregoing sentence, Escrow Agent will not be liable for any loss or damage resulting from the following:
- Any default, error, action, or omission of any other party;
- The expiration of any time limit unless such time limit was known to Escrow Agent and such loss is solely caused by the failure of Escrow Agent to proceed in its ordinary course of business;
- Any loss or impairment of funds while on deposit with a federally-insured bank, resulting from failure, insolvency or suspension of such bank; and
- Escrow Agent’s compliance with any and all legal process, writs, orders, judgments, and decrees of any court, whether issued with or without jurisdiction and whether or not subsequently vacated, modified, set aside or reversed.
- Any legal proceedings between the Consumer and Service Provider or any third party in relation, stemming from or revolving around the Service Agreement.
- Any and all interest accrued during the term of this Escrow Agreement shall be the property of the Consumer and shall be disbursed as so.
- In the event of a dispute hereunder between Consumer and Service Provider (or their successors or assigns), Escrow Agent will have the right, exercisable in its sole discretion, to resign by giving written notice to Consumer and Service Provider, specifying a date on which such resignation will take effect. Escrow Agent will have the right, exercisable in its sole discretion, to be discharged by tendering unto the registry or custody of any court of competent jurisdiction the Escrowed Funds, together with any such legal pleadings as it deems appropriate. At Escrow Agent’s discretion, all applicable fees charged by Escrow Agent may be withheld from the Escrowed Funds tendered to the court. Consumer and Service Provider will indemnify and hold harmless Escrow Agent for all of its expenses, costs and reasonable attorneys’ fees incurred in connection with such interpleader action. In the instance any disagreement shall arise, it is agreed the Escrow Agent shall not be held liable for any costs, damages, or losses that may arise from duties performed.
- The terms and provisions of this Agreement are for the benefit of Service Provider, Consumer, and Escrow Agent and their respective successors and assigns only. Nothing contained herein will be deemed or construed to inure to the benefit of any other person or party, it being the express intent of Service Provider, Consumer, and Escrow Agent that no such person or party will be entitled to any of the benefits hereunder, except as expressly provided herein.
- This Agreement is intended as a contract under the laws of the State of Florida and will be governed thereby and construed in accordance therewith.