UST Terms and Conditions

Registered User Terms & Conditions of Service US Trustee Districts

Amended on November 30, 2006

I AGREE

Definitions

The term “consumer” shall designate the person who is applying for Consumer Credit Counseling or Financial Management Education Certification pursuant to and in compliance with the U.S. Bankruptcy Code. The term “account” shall designate the form of limited access available to information provided by consenting consumers. The term "family" is defined as legally married couple. The term “consumer information” shall mean the consumer’s name, last four (4) digits of Social Security number, certification number, date of certification completion, Registered User office from which the certification was obtained, federal district, and the certification itself. “Registered Users” are any persons or organizations, attorney or otherwise, who or which have: (1) registered to obtain credit counseling and financial management education certifications through Hummingbird, (2) provided authorization for payment of such certifications by credit card, and (3) signed and agreed to these Terms and Conditions of Service.

Financial Management Education Certification Procedure

Consumers may access Hummingbird’s Financial Management Education course directly. Upon completion of the Internet Test, the consumer will be issued a control number. Hummingbird will verify the consumer’s name, last four Social Security digits and Bankruptcy case number with US Bankruptcy court records via PACER within 24 hours of the business day following the consumer’s completion of the Internet test. The consumer’s certification will then be issued in one of three ways. (1) If the consumer is not working with a Registered User, upon completion of the Internet Test, the consumer must mail to Hummingbird the executed Hummingbird Application, along with payment of $15 per person in the form of money order or certified funds, unless the consumer qualifies for a fee waiver.  Upon receipt, Hummingbird will issue the Certificate of Completion to the consumer via U.S. mail, e-mail or fax per consumers request. (2) Consumers may obtain their certifications and pay the fee via www.hummingbirdcertifications.com  (3) Consumers may pay the $15 per-person fee to Registered User. The Registered User may then download and print the certificate from the Hummingbird system.

Requests for Financial Management Education Course Completion Certification

Registered Users will not request a Financial Management Education Course Completion Certification until the consumer has completed the Financial Management Education course as evidenced by the consumer’s control number and the Registered User has collected the fee for providing the Certification.  If the consumer qualifies for a fee waiver, the Registered User shall request such fee waiver from Hummingbird.

Certification Fees

In all United States Trustee Districts, the fee for a Financial Management Education Course Completion Certification is $15 per individual. Unless the consumer qualifies for a fee waiver, the Registered User agrees to collect said fees from consumers and agrees that all said fees belong to the consumers, but only until Hummingbird charges the equivalent amount of said fees from the Registered User’s credit card.  Consumers for US Trustee districts may purchase a Financial Management Education Course Completion Certification without the services of a registered user by submitting (via mail) payment of the applicable fee(s), in the form of a money order or certified funds unless the consumer qualifies for a fee waiver.

Login Access for Registered Users

Upon being approved as a Registered User, Hummingbird will issue Applicant a unique login and password. Registered Users agree to protect and secure this login and password, and agree to not allow any person or organization to use their login and password with the exception of designated employees.  Registered Users must agree to pay for all certifications that are not subject to fee waiver which are issued as a result of the use of their login and password.  Registered Users agree to provide and maintain a valid credit card to which Hummingbird is authorized to charge the Registered User the fees for all certifications ordered that are not subject to fee waiver. Registered Users shall only have access to consumer information for which the Registered User has obtained the consumer’s permission, as evidenced by the consumer giving the consumer’s control number to the Registered User. Registered Users agree to keep this information strictly confidential.  Consumer information shall be accessible by online search as follows: by control number; by date range; by consumer last name; and by last four digits of the consumer's social security number. However, Registered Users shall have access only to information for certifications the issuance of which that particular Registered User is facilitating.  In each search, the program will return the consumer’s last name, last four digits of their social security number, certification number, date the telephone counseling was completed, name of the Registered User issuing certification and the federal district.

Billing Statements

Registered Users will receive itemized statements of the certifications charged under their login and password, but these statements are not intended to give users advance notice of the charge to their credit cards. See “Certification Fees” section herein.

Legal Requirements

With regard to the requirements concerning Financial Management Education Course Completion Certifications, Registered Users agree to abide by: (1) All laws, rules, and regulations, in effect or as changed or amended from time to time, as set forth in the United States Bankruptcy Code, and (2) all rules and regulations, in effect, or as changed or amended from time to time, as prescribed by the Office of the United States Trustee or the particular United States Trustee having jurisdiction over the Federal District in which the Registered User conducts business, and (3) all rules promulgated and decisions entered, now and in the future, by the United States Bankruptcy Court, the United States Federal District Court, and/or the Court of Appeals having jurisdiction over the Federal District in which the Registered User conducts business.

Termination of Service

Hummingbird has the right to terminate a Registered User’s access, and disable a Registered User’s right to order certifications, if said Registered User fails to abide by any of the terms and conditions set forth in this agreement.

I AGREE


What Clients Are Saying

I have used several different providers for my clients' credit counseling certificate needs since the law changed. None come close to the service my clients and I have received from Hummingbird.

Other providers made repeated billing errors and we had problems both with getting the certificates and with the certificates themselves. We have never had a single problem with Hummingbird.

Thanks, Hummingbird, for making this part of BAPCPA a lot easier.

Richard E. West
Board Certified Consumer Bankruptcy Attorney
Dayton, Ohio