SWISHERGROUP TERMS OF SERVICE
Effective Date: April 10, 2026
1. Overview
SwisherGroup, LLC (“SwisherGroup” or “SGL”) provides enterprise debt recovery services through research, analysis, account investigation, negotiation, and disciplined recovery execution.
These Terms become effective upon the earlier of (i) submission or transmission of Accounts to SGL, or (ii) commencement of work by SGL.
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, including Accounts submitted via file upload, system integration, API, email, or other electronic transmission. Submission of account data
constitutes placement and acceptance of these Terms.
• 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, structured payouts,
reconciled balances, or similar value.
Recoveries apply regardless of form, method, routing, payee, or timing of realization.
Amounts identified, reconciled, or validated during engagement—including prior payments, misapplied funds, internal transfers, or accounting adjustments—may be treated as Recoveries where SGL materially contributed.
SGL is entitled to fees on all Recoveries where it has materially contributed to the identification, reconciliation, negotiation, or resolution of the Account, including amounts realized before, during, or after withdrawal, reassignment, or termination.
• PTA means Paid to Agency
• PTC means Paid to Client
3. Payment, Reporting, and Reconciliation
Accounts may be handled on either a PTA or PTC basis.
• PTA: SGL may receive, process, and apply payments, deduct applicable fees, and remit net proceeds
• PTC: Client remains responsible for reporting payments and remitting applicable fees
Client authorizes SGL, in connection with any Account, to receive, endorse, deposit, and process any payments, including checks or other instruments made payable to Client, that relate to Recovery.
All such payments constitute Recoveries subject to applicable fees.
All collections, fees, remittances, and balances are reconciled on a monthly true-up basis.
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. Failure to report, delay in reporting, reclassification, or timing of payment does not reduce, delay, or eliminate applicable
fees. Unreported or late-reported payments may be reasonably estimated by SGL based on available information.
Invoices and statements are deemed accurate 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), applied on a bi-lateral basis.
4. Account Control, Changes, and Cancellation
Client may not avoid fees through credit memos, write-offs, balance adjustments, reclassification, internal transfers, third-party arrangements, or any other structure intended to achieve a similar
economic result.
Withdrawal, reassignment, or termination of an Account does not eliminate SGL’s right to fees arising from prior involvement.
Client shall not place an Account with another party or take any action that materially interferes with SGL’s recovery efforts following placement.
4.1 Cancellation and Interference
If an Account is withdrawn, reassigned, or materially interfered with following placement, SGL shall be entitled to the greater of:
• (i) the applicable contingency fee calculated on the outstanding Account balance, or
• (ii) a cancellation fee equal to 5% of the Account balance, subject to a $250 minimum and $2,500 maximum
Following 180 days, fees may still apply where SGL has:
• obtained a payment commitment,
• negotiated a resolution, or
• performed material work, analysis, or reconciliation
The cancellation fee is separate from, and does not replace, any contingency fee earned on a Recovery.
5. Settlement and Client Response
Client retains final approval over settlement decisions.
If Client fails to respond to a settlement recommendation or authorization request within a commercially reasonable period, SGL may suspend further recovery efforts, and any resulting delay
or reduction in recovery shall not affect SGL’s fee entitlement on any subsequent Recovery.
6. Escalation and Legal Forwarding
Where authorized, SGL may coordinate pre-legal escalation, attorney demand letters, and legal forwarding to outside counsel or approved providers.
Upon authorization for legal escalation, SGL may proceed with such actions without further case-by-case approval, subject to agreed parameters.
Recoveries obtained through escalation remain subject to applicable recovery fees and survive withdrawal, reassignment, or termination.
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.
7. Client Responsibilities and Confidentiality
Client shall provide timely documentation, accurate account information, and reasonable access to relevant systems.
Each party will protect non-public information and use it solely for purposes of the engagement.
8. No Guarantee
SGL does not guarantee recovery outcomes, timing, or debtor performance. Results depend on third-party actions, financial condition, responsiveness, and other factors outside SGL’s control.
9. Limitation of Liability
10. Termination
Either party may terminate upon notice.
Termination does not affect fees already earned or obligations that 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.
11. Dispute Resolution
Disputes will first be addressed through good-faith discussions.
If unresolved, the parties agree to non-binding mediation in Austin, Texas.
If mediation fails, disputes shall be resolved in the courts of the State of Texas, which shall be the exclusive jurisdiction and venue.
12. General
These Terms are governed by the laws of the State of Texas. Failure to enforce any provision does not waive any rights.
These Terms may be accepted electronically and are binding upon account submission, transmission, or continued engagement.
These Terms constitute the entire agreement unless supplemented in writing.