SwisherGroup Terms of Service

Effective Date: March 31, 2026

1. Overview

SwisherGroup, LLC (“SwisherGroup” or “SGL”) provides enterprise debt recovery services through research, analysis, account investigation, negotiation, and disciplined recovery execution.

SGL acts as an independent contractor and does not provide legal advice or legal services. Any legal services, if required, will be provided exclusively through outside counsel or approved legal service providers engaged through SGL, unless otherwise expressly set forth in a separate written agreement.

2. Accounts and Recoveries

These Terms apply to all Accounts placed with SGL.

• Account means any receivable, claim, or commercial obligation placed with SGL.
• Recovery means any economic benefit realized in connection with an Account, including payments, settlements, credits, offsets, negotiated resolutions, promissory notes, payment plans, structured payouts, or similar value.
• PTA means Paid to Agency; PTC means Paid to Client.

Recoveries remain subject to applicable fees regardless of timing, payment routing, or whether value is received directly or indirectly.

Amounts identified, reconciled, or validated during engagement—including prior payments, misapplied funds, or internal transfers—may be treated as Recoveries where SGL materially contributed to their identification or resolution.

SGL is entitled to fees on all Recoveries where it has materially contributed to the identification, reconciliation, negotiation, or resolution of the Account, regardless of timing,
payment routing, characterization, or method of realization, including amounts realized before, during, or after withdrawal or termination.

3. Payment, Reporting, and Reconciliation

Accounts may be handled on either a PTA or PTC basis.

• PTA: SGL deducts fees and remits net proceeds
• PTC: Client remains responsible for remitting fees
All collections, fees, remittances, and balances are reconciled on a monthly true-up basis. SGL provides statements, and payment is due on or about the 10th day of the month following collection, unless otherwise agreed.

Client must report any direct payment within 48 hours of receipt, and failure to report, delay in reporting, reclassification, or timing of payment does not reduce, delay, or eliminate applicable fees.

Invoices and statements are deemed accurate and accepted unless disputed in writing within ten (10) days of receipt. SGL records and reporting constitute the official and controlling system of record unless timely disputed.

Any undisputed amounts not paid when due may accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, if lower) from the due date until paid.

This provision applies on a bi-lateral basis to any undisputed amounts owed between the parties.

4. Account Changes and Cancellation

Client may not avoid fees through credit memos, write-offs, balance adjustments, reclassification, internal transfers, or other resolution outside the process.

Withdrawal, reassignment, or termination of an Account does not eliminate SGL’s right to fees arising from prior involvement, including Recoveries or negotiated outcomes attributable to SGL’s
work.

4.1 Cancellation Fee

If an Account is withdrawn, reassigned, or otherwise removed within 180 days of placement, SGL may charge a cancellation fee equal to 5% of the Account balance, subject to a $250 minimum and $2,500 maximum per Account.

Following 180 days, a cancellation fee may still apply where SGL has obtained a payment commitment or negotiated resolution, or has performed material work, analysis, reconciliation, or substantive engagement activity prior to withdrawal.

The cancellation fee is separate from, and does not replace, any contingency fee earned on a Recovery.

5. Escalation

Where authorized, SGL may coordinate pre-legal escalation, attorney demand letters, and legal forwarding to outside counsel or approved providers.

Recoveries obtained through escalation remain subject to applicable recovery fees. Such obligations survive withdrawal, reassignment, or termination, regardless of timing of payment or resolution.

Third-party legal costs—including attorney fees, filing fees, court costs, and forwarding fees are separate from and in addition to SGL’s fees unless otherwise agreed.

6. Client Responsibilities and Confidentiality

Client is responsible for providing timely documentation and reasonable visibility into relevant accounts receivable systems. Delays in access or documentation may impact review, reconciliation, and recovery timelines.

Each party will protect non-public information and use it solely for purposes of the engagement.

7. No Guarantee

SGL does not guarantee recovery outcomes, timing, or debtor performance. Results depend on third-party actions, financial condition, responsiveness, dispute posture, and other factors
outside SGL’s control.

8. Limitation of Liability

To the extent permitted by law, neither party is liable for indirect, incidental, or consequential damages.

Each party’s aggregate liability is limited to the amounts paid under the applicable engagement giving rise to the claim.

9. Termination

Either party may terminate upon notice.
Termination does not affect fees already earned or obligations that by their nature survive termination.

Fees remain applicable to Recoveries arising from Accounts placed with SGL and resolved within 180 days following termination where SGL had prior involvement.

10. Dispute Resolution

Disputes will first be addressed through good-faith discussions.

If unresolved, the parties agree to non-binding mediation in Austin, Texas, administered by the Better Business Bureau or a comparable provider unless otherwise agreed.

If mediation does not resolve the matter, either party may pursue remedies in courts located in the State of Texas, which shall be the exclusive jurisdiction and venue.

11. General

These Terms are governed by the laws of the State of Texas. Failure to enforce any provision does not waive that provision.

These Terms may be accepted electronically and are binding upon acceptance, account submission, or continued use of services.

These Terms constitute the entire agreement unless supplemented by a separate written agreement.