Lendzy Terms & Conditions

Applicability

(a) These Lendzy.co Terms & Conditions (these “Terms & Conditions”) govern the provision of mortgage lead generation services by Lendzy.co, a California Company (“Lendzy”), to the Customer.
(b) These Terms & Conditions, along with the Lendzy general Terms of Use and Terms and Conditions, as modified from time to time, the Lendzy Privacy Policy, the CCPA Policy, and any other policies and requirements published by the Company (collectively, the “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, both written and oral.
(c) These Terms & Conditions prevail over any of Customer’s terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or other terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms & Conditions.
(d) The term “mortgage lead” as used herein means and refers to a consumer record and/or inquiry from a person or entity who has expressed interest in purchasing, refinancing, or otherwise obtaining mortgage financing and may become a client or customer of Customer for purposes of mortgage origination or related services. Lendzy cannot guarantee that any such mortgage lead will utilize Customer’s services, apply for financing, or close a mortgage loan with Customer or result in any desired outcome for Customer.

Services

Lendzy shall provide the following services to Customer:
(a) Lendzy shall provide mortgage leads to Customer as such leads become available. The number of leads will fluctuate based on Lendzy’s ability to generate and deliver them. Customer will be billed the rate quoted during engagement for each lead delivered.
(b) All mortgage leads provided shall have been generated and screened by Lendzy prior to delivery. Such lead generation may include communications or data collection performed on behalf of Customer.
(c) Customer shall pay Lendzy an initial non-refundable setup fee in the amount quoted to Customer during engagement.

Term

Lendzy shall use reasonable efforts to meet any performance dates specified in these Terms & Conditions, though such dates are estimates only. Leads shall be provided from the beginning of the term until the relationship is terminated as set forth herein (the “Term”). The Term shall begin on the date Customer’s credit card on file with Lendzy is charged, or the initial payment, including without limitation the setup fee, is otherwise applied. All payments for the Term are deemed fully earned by Lendzy and Customer shall be charged at the time Lendzy provides each lead.

Customer’s Obligations

Customer shall:
(a) Cooperate with Lendzy in all matters relating to the Services as may reasonably be requested;
(b) Respond promptly to Lendzy requests for information, direction, approvals, or decisions;
(c) Provide accurate materials or information reasonably requested by Lendzy in a timely manner;
(d) Obtain and maintain all necessary licenses and consents and comply with all applicable federal, state, and local laws (including but not limited to mortgage licensing laws, truth-in-lending laws, RESPA, and advertising requirements);
(e) Understand and agree that mortgage leads may reflect consumers with a wide range of product interests (e.g., cash-out refinance, FHA, VA, jumbo, first-time purchase, etc.). Lendzy cannot guarantee borrower intent, credit qualification, or loan closure.

If Lendzy’s performance of obligations is prevented or delayed by Customer’s acts or omissions, Lendzy shall not be deemed in breach or liable for costs, losses, or damages incurred as a result.

Fees, Expenses & Payment Terms

(a) In consideration of the Services, Customer shall pay the fees set forth in Section 2 above.
(b) Customer’s credit card on file will be charged upon provision of each lead. All payments are in US dollars.
(c) If payments are not received within 30 days or prior to termination, Lendzy may (i) charge interest at 1.5% per month (or the maximum permitted by law), and/or (ii) suspend services until payment is made in full.

Taxes

Customer shall be responsible for all applicable sales, use, excise, and other taxes imposed on any amounts payable hereunder.

Intellectual Property

All intellectual property rights in materials, documents, and deliverables created in connection with the Services remain owned by Lendzy. Lendzy grants Customer a limited, non-exclusive, non-transferable, royalty-free license to use such deliverables solely to the extent necessary to make reasonable use of the Services.

Confidential Information

All non-public, proprietary information disclosed by Lendzy to Customer is confidential and may not be disclosed without prior written consent.

Disclaimer of Warranties

ALL SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” LENDZY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Limitation of Liability

(a) IN NO EVENT SHALL LENDZY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
(b) CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS LENDZY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS ARISING OUT OF CUSTOMER’S DEALINGS WITH A MORTGAGE LEAD.
(c) LENDZY’S TOTAL LIABILITY SHALL NOT EXCEED TWO TIMES THE AMOUNT PAID BY CUSTOMER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Termination

(a) Lendzy may terminate Services immediately, with or without cause, upon written notice.
(b) Customer may terminate Services upon thirty (30) days’ written notice by emailing [email protected]. Customer must pay all fees through the termination date.

Compliance with Laws

Customer shall comply with all federal, state, and local laws, including the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), and any applicable state mortgage lending laws. Customer shall be solely responsible for required disclosures.

Collections

If Customer fails to pay, Lendzy reserves the right to submit invoices to a third-party debt collection agency.

Miscellaneous

Waiver: No waiver is valid unless in writing and signed by Lendzy.

Force Majeure: Lendzy is not liable for delays caused by events beyond its control.

Assignment: Customer may not assign this Agreement without Lendzy’s prior written consent.

Relationship: The parties are independent contractors. Nothing herein creates a partnership, agency, or joint venture.

Governing Law: This Agreement is governed by the laws of the State of California.

Jurisdiction: Any disputes shall be heard in state or federal courts located in Orange County, California.

Notices: Notices must be in writing and sent to the parties’ designated addresses.

Severability: If any provision is invalid, the remaining provisions remain enforceable.

Survival: Confidentiality, Governing Law, Jurisdiction, and similar provisions survive termination.

Amendment: Lendzy may amend these Terms & Conditions at any time by posting updates on its website. Continued use of Services constitutes acceptance of such changes