1. DESCRIPTION OF SERVICES. Beginning on (“Start of Services Date”), (Submission of Payment Processing Form), Vacation Ownership Consultants, LLC (hereinafter “VOC”) will provide ___________________ residing at _____________________________________________ (hereafter “Customer”)the previously selected services (collectively, the “Services.”)
Attorney based timeshare termination and/or mortgage contract cancellation for all files with the exception of Wyndham and Westgate files (est. 6-18 months before completion). Attorney based timeshare termination and/or mortgage contract cancellation for Wyndham and Westgate files (est. 6-24 months before completion).
A.) VOC provides attorney-based Timeshare Contract Termination and/or Mortgage Cancellation Services for the contracts listed in Exhibit
B.) VOC’s attorneys provide a non–litigation solution to your timeshare needs.
C.) VOC’s attorneys will represent you throughout the entire termination process. VOC’s consultants are responsible for explaining VOC services and preparing the documentation needed to provide the services rendered.
D.) Customer understands that they are retaining VOC to end their future timeshare obligations.
E.) VOC’sconsultants do not participate in litigation and are not licensed attorneys and therefore cannot provide any legal advice.
F.) “Peace of Mind” Guarantee of Service: At VOC, we are committed to providing our customers with a guarantee of service. While no one can guarantee a particular outcome, VOC provides customers with “peace of mind” by offering a 100% money back guarantee to back up its attorney-based services. Upon hiring VOC for your timeshare cancellation or termination needs, if for any reason VOC is unable to complete the contracted for services in this Agreement, then the Customer will be entitled to a full refund of the total contract amount. Please note that every timeshare situation is different, and we will use our best efforts to complete the contracted for services in the estimated time frame listed above but that VOC does not guaranty or promise that the contracted services will be completed in the estimated timeframe. Please contact us immediately if you are not satisfied with VOC. Any customer complaints or refund claims must be made in writing and sent to VOC at the address listed in Section 16 of this Contract.
G.) Customer understands and acknowledges that there may in some instances be negative credit reporting associated with the cancellation of Customer’s timeshare contract by making the decision to withhold payments to the timeshare. Customer further understands and acknowledges that Customer’s timeshare may report information about your timeshare to credit bureaus and that late payments, missed payments, or other defaults on Customer’s timeshare account may be reflected on Customer’s credit report.
H.) Customer understands and acknowledges that VOC’s attorneys will first seek an amicable release agreement, also known as a settlement offer, from Customer’s timeshare company. The amicable release agreement is provided by the timeshare company and it conspicuously states the terms and conditions of Customer’s release from the timeshare. Customer reserves the right to accept, reject, or make a counteroffer to any amicable release agreement offer made by Customer’s timeshare company that has been obtained by VOC’s attorneys.
I.) VOC is not a licensed accounting firm and cannot provide tax advice.
J.) VOC is not a licensed credit repair company.
K.) VOC offers/provides timeshare contract cancellation and termination services for those who have exhausted all options in eliminating the unwanted timeshare property. This service is for those who have already contacted their resort with their dispute and were not offered an acceptable resolution and determined their timeshare has no resale value.
L.) It is the Customer’s sole decision to withhold any future payments to the timeshare.
M.) VOC does not assist the Customer with third-party financing. Any and all third-party financing is the Customer’s responsibility.
2. PAYMENT. Payment shall be made to VOC in the amount of __________.The initial down payment submitted on the Service Date is _________________. Client agrees to make the remaining balance of ____________ in ___________ monthly payments in the amount of __________ with an initial payment due date of _____________. You can make a payment to VOC via the online enrollment form or over the phone with the Customer Relations Department. By submitting payment, you agree to the terms and conditions of this Contract.
3. TERM. This Contract will terminate automatically upon completion by VOC of the Services required by this Contract. However, the requirement of Customer to make payments to VOC pursuant to this Contract shall survive the termination of this Contract.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by VOC in connection with the Services will be the exclusive property of VOC. Upon request, Customer will execute all documents necessary to confirm or perfect the exclusive ownership of VOC to the Work Product.
5. WARRANTY. VOC shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in VOC’s community and region.
6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due; b. The insolvency or bankruptcy of either party; c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency; and d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten (10) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. All amounts paid by Customer to VOC shall be deemed earned and non-refundable if Customer defaults on this Contract prior to the completion of the contracted for services.
8. DEFAULT INTEREST.In the event of any default under this Contract, whether or not VOC has given any notice of default, all amounts outstanding under this Note shall thereafter bear interest at the rate of eighteen percent (18%) per annum, until all past due amounts are paid.
9. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11. AMENDMENT. This Contract may only be modified or amended in writing by all parties to this Contract.
12. GOVERNING LAW. This Contract shall be construed according to the laws of the State of Arizona. Any action brought to enforce this Contract or to resolve a dispute related to this Contract must be commenced and maintained in the Superior Court of the State of Arizona, Maricopa County. The parties irrevocably consent to jurisdiction and venue in such court for such purposes.
13. NO WAIVER. No waiver by VOC of any of VOC’s rights or remedies hereunder shall be considered a waiver of any other subsequent right or remedy of VOC; no delay or omission in the exercise or enforcement by VOC of any rights or remedies shall ever be construed as a waiver of any right or remedy of VOC; and no exercise or enforcement of any such rights or remedies shall ever be held to exhaust any right or remedy of VOC.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
15. NO CONTACT. Customer agrees not to contact Customer’s timeshare company and Customer’s timeshare company affiliates. Customer further agrees that if Customer’s timeshare company or Customer’s timeshare company affiliates contact Customer that Customer will directCustomer’s timeshare company and/or Customer’s timeshare company affiliates to contact VOC. Customer’s failure to comply with this Section shall constitute a material default under this Contract. In addition to any and all other rights VOC may have available in this Contract and according to law, if Customer defaults under this Section then VOC has the right to immediately terminate this Contract with no cure period and all amounts paid by Customer to VOC shall be deemed earned and non-refundable.
16. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by the United States Postal Service. If for Customer, at the address listed in Section 1 for the Customer or to such other address as Customer may have furnished to VOC in writing. If for VOC, at4164 N Marshall Way, Scottsdale, AZ 85251 or to such other address as VOC may have furnished to Customer in writing.
17. ATTORNEY’S FEES AND COSTS TO PREVAILING PARTY. In any action arising under this Contract or in any separate action pertaining to the validity of this Contract, the prevailing party shall be awarded reasonable attorney’s fees and costs, including but not limited to collection costs, both in the trial court and on appeal.
18. CONSTRUCTION AND INTERPRETATION. The rule requiring construction against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
19. RIGHT OF RESCISSION. You, the Customer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.
20. MUTUAL CONFIDENTIALITY You the Customer, agree to keep all proprietary information related to VOC and services rendered including names of representatives of VOC, method to services provided by VOC and costs associated with services provided by VOC private. VOC agrees to keep your information private and will not sell or disclose at any time.