1. DESCRIPTION OF SERVICES. . Beginning on (“Start of Services Date”), (Submission of Payment Processing Form), Vacation Ownership Consultants, LLC (hereinafter “VOC”) will provide “Customer” the previously selected services (collectively, the “Services.”)
- Attorney based timeshare termination and/or mortgage contract cancellation (est. 6-12 months before completion)
A.) VOC provides attorney-based Timeshare Contract Termination and/or Mortgage Cancellation Services for the contracts listed in Exhibit A.
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 Consultants do not participate in litigation 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 attorney 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 services rendered, the Customer will be entitled to a full refund of total contract amount. Please note that every timeshare situation is different, and we will use our best efforts to complete in the estimated time frame listed above. 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 that when VOC accomplishes its task of cancelling Customer’s timeshare debt, that there may in some instances be negative credit reporting associated with the cancellation of customer’s timeshare debt.
H.) VOC is not a licensed accounting firm and cannot provide tax advice.
I.) VOC is not a licensed credit repair company.
2. PAYMENT. Payment shall be made to VOC. You can make a payment to VOC through the app, online payment 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 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. SEVER-ABILITY. 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 California. 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 California. 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. 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 direct Customer’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, at 4164 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.