BA Terms and Conditions

Registered User Terms & Conditions of Service Bankruptcy Administrator Districts

Amended on November 30, 2006

I AGREE

Definitions

The term “consumer” shall designate the person who is applying for Consumer Credit Counseling Certification, pursuant to and in compliance with Section 109(h) of the U.S. Bankruptcy Code. The term “account” shall designate the form of limited access available to information provided by consenting consumers. 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.  The term “family” shall mean legally married couple authorized to file a joint bankruptcy case.  “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. 

Credit Counseling Certification Procedure

Consumers may access Hummingbird’s credit counseling session directly. Consumers who complete the credit counseling session will be issued a Certification number. Consumers may then obtain a certification in one of two ways: (1) The consumer may take his or her Certification number to a Registered User. Unless the consumer qualifies for a fee waiver, then upon payment of the certification fee of $34 (hereinafter “fee”), proper execution of Hummingbird’s Application for Credit Counseling Certification and Affidavit of Identification (hereinafter “Application and Affidavit”), the Registered User may issue the consumer’s certification using the consumer’s Certification number to access the consumer’s Credit Counseling session. (2) Consumers may obtain their credit counseling certificates directly from Hummingbird by first mailing their properly executed, original, notarized Application and Affidavit to Hummingbird Credit Counseling and Education, Inc.,and then submitting their payment via mail or Internet. If by mail, the payment of $39 per individual or per family must be in the form of a money order, or certified funds. If by Internet, the consumer may use www.hummingbirdcertifications.com Upon receipt, Hummingbird will issue the consumer’s certification via U.S. mail, email, or fax, as instructed by the consumer.

Financial Management Education Certification Procedure

Consumers may access Hummingbird’s Financial Management Education course directly via the Internet or by viewing Hummingbird’s DVD. Upon completion of Hummingbird’s Internet Test, the consumer will be issued a certification number.

The consumer may then obtain a certification 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 properly executed and notarized original of Hummingbird’s Application for Financial Management Education Certification and Affidavit of Identification (hereinafter “FME Application and Affidavit”), along with payment of $8 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 but no certification may be issued until Hummingbird receives the original of the properly executed and notarized FME Application and Affidavit (3) Consumers may pay the $8 per-person fee to a Registered User, unless a fee waiver is authorized. The Registered User may then download and print the certificate from the Hummingbird system.

Requests for Credit Counseling Certifications

A Registered User will not request a Credit Counseling Certification on behalf of a consumer until all of the following have been completed: (1) Said consumer has completed the online credit counseling briefing session and has been issued a Certification number. (2) Said consumer has filled out and signed, in the presence of a notary public or attorney licensed in the applicable state, an Application and Affidavit. (3) A notary public or attorney licensed in the applicable state has completed the Acknowledgement section on said Application and Affidavit and (4) the Registered User has collected from the consumer the fee for providing the Certification, unless the consumer qualifies for a fee waiver.

Requests for Financial Management Education Certifications

A Registered User will not request a Financial Management Education Certification on behalf of consumers unless they have completed the online test session and have been issued a Certification number, the Registered User has identified the consumer, and the Registered User has collected from the $8 per-person fee, unless the consumer qualifies for a fee waiver.

Certification Fees

In Bankruptcy Administrator Districts (Alabama and North Carolina), the fee for a Consumer Credit Counseling Certification obtained through Hummingbird via a Registered User is $34 per individual or $34 per family.  The Registered User agrees to collect said fees from consumers and agrees that all said fees belong to the consumer, but only until the Registered User pays Hummingbird the equivalent amount of said fees by charging said amount to the Registered User’s credit card.  Consumers may obtain a Consumer Credit Counseling Certification without the services of a Registered User by submitting (via mail) a properly executed and notarized original of the Application and Affidavit along with payment of $39, in the form of a money order or certified funds, unless the consumer or family qualifies for a fee waiver.  The processes are the same for Financial Management Education Completion Certificates, except that the cost is $8 per person, regardless of whether using a Registered User or dealing directly with Hummingbird, and the original, completed, notarized Application for Financial Management Education Completion and Affidavit of Identification is required if not using a Registered User. 

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 said login and password with the exception of designated employees. Registered Users must agree to pay for all certifications issued, resulting from the use of their login and password. Registered Users agree to provide and maintain a valid credit card upon which Hummingbird is authorized to charge a Registered User for all certifications ordered. 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’s signature upon the appropriate Application and Affidavit.  Access to this information by Registered Users shall be obtained by inputting the Registered User’s login and password provided by Hummingbird.  Consumer information shall be accessible by online search as follows: by Certification number; by date range; by consumer last name; and by last four digits of the consumer’s social security number. In each search, the program will return the consumer’s last name, last four digits of their social security number, certification number, date certification completed, name of Registered User issuing certification and the federal district.

Record Keeping

Registered Users agree to maintain either the original of each signed and notarized Application for Credit Counseling Certification for a period of four (4) years after the certification is issued by Hummingbird.  If requested to do so by the US Trustee, Bankruptcy Administrator or Hummingbird, Registered Users agree to provide, on reasonable notice, a copy of the signed and notarized Application for Credit Counseling Certification and Affidavit of Identification requested.

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 Credit Counseling or Financial Management Education 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 (or Bankruptcy Administrator) 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 in turn to 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 had no problems at all with Hummingbird. In fact, I was very pleased with prompt attention given to emergency filing situations. Clients have had only good things to say.

Mark D. Phillips, Esquire
West Chester, PA 19380