Terms and Conditions & Privacy Policy 

Who we are

Our website address is https://americancapitalconsulting.com.

Originally Published Nov. 3, 2019, Last updated Nov. 28, 2023

INTRODUCTION

American Capital Consulting (AKA “ACC”) (“we” or “us” or “our”) respects the privacy of our clients and users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, including any other media form, media channel, mobile website, or mobile Application related or connected to it (collectively, the “Site”). Please read this privacy policy and terms of use for our site and services carefully. If you disagree with the terms of this privacy policy, please do not access the site.

Terms and Conditions & Privacy Policy Changes

Although most changes are likely minor, this website may change its Privacy Policy occasionally and at our sole discretion. We encourage visitors to frequently check this page for any changes to its Terms and Conditions and Privacy Policy. Your continued use of this site after any change will constitute your acceptance of such change. We will alert you about any changes by updating this Privacy Policy’s “Last Updated” date. Any changes or modifications will be effective immediately upon posting the updated Terms and Conditions and Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

BUSINESS MODEL

We are a for-profit entity and advise small business owners on loan packaging and optimizing their application process for business loans and grants. There are fees to engage with our industry experts, and if you are unsure of the services, we recommend you schedule a complimentary discovery call with our sales team to learn more. To qualify for our service guarantee, you must be responsive and commit to the additional management fee described below.

 

TERMS AND CONDITIONS

American Capital Consulting uses experts to run our background reports, check for grants and programs, and provide recommendations. We are here to help you with your loan package to improve your chances for business funding. Fees are non-refundable after 24 hours or work has started, whichever is first. Please ensure timely responses so our team has all the information required to complete your Application. 

To expedite your loan packaging process, we will promptly complete your SBA and other loan and grant applications. You also agree to allow ACC to act as your proxy in getting background information and data to expedite and apply to business funding programs. Sign off on all US SBA loan application certifications and agreements for disaster loans and grants as agreed. 

 

CERTIFICATIONS AND CLIENT AUTHORIZATIONS

CERTIFICATIONS

I certify my consent for American Capital Consulting (ACC) to represent me in my loan documentation and loan packaging for business funding. 

  • I agree to sign off on all US SBA certifications and agreements for small business loans, disaster loans, and small business grants.
  • To the best of my knowledge, I certify UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES that the above is true and correct.

Once the engagement between the client and ACC starts, I, at this moment, understand and authorize my payments in the amounts starting at $150 USD and various packages ranging through $2,500 USD plus 1.5% for filing my loan and/or grant applications as per SBA or other governing allow. I acknowledge responsibility for any additional collection fees that arise from my failure to pay the above-agreed amounts. 

For business expansion loans such as the 504 or 7a, fees and expenses for these programs might qualify for a grant or waiver program. The client will notified of such fee arrangements as per the “fee disclosure compensation agreement,” the payee is responsible for any contingency fee for loan funding, which will be submitted to collections if the final payment is not settled within 30 days of client funding. 

Payment terms

Regarding the Merchant accepting the customer’s payment and other good and valuable considerations, the customer agrees that if any payment is returned unpaid, the customer expressly authorizes the Merchant or its processing agent or assignee to submit the case to collections. Fees for services and fees for collections will be charged to the client. 

 

CANCELLATIONS AND REFUNDS

ACC notified me of my right to revoke this authorization in writing by contacting support@americancapitalconsulting within 48 hours or less of submitting the request or any other ongoing services before any other services are rendered. Refunds for work completed are non-refundable. I also understand ACC will keep an electronic record of my request. I may obtain a copy of this record by contacting ACC. 

ACC is not liable for refunds (full or partial) for clients not meeting deadlines, requests for information, or documentation within a timely manner. ACC will remind clients via email, text, and/or phone to submit the requested information to move forward. Failure to provide ACC with requested information by reasonable deadlines will result in forfeit of the fee. A client that responds after the deadlines are not guaranteed services of any kind and can be reviewed on a case-by-case basis where additional fees might be incurred if it is responsible for ACC to reopen the case. Refunds are not granted for the following reasons: 

  1. The client fails to respond to ACC information requests within the timelines provided. 
  2. The client provides inaccurate or forged information. 
  3. The client fails to follow instructions as outlined by the consultants. 
  4. The client hires another consultant for the same case/services. 
  5. The client submits misleading information to obtain funding. 
  6. The client’s other vendors or consultants fail to meet deadlines or provide the information required to move the case forward. (EX: CPA, accountant, or lawyer retained by client fails to provide the needed information or documentation). 
  7. The client fails to inform ACC of any changes in funding timelines as outlined by the SBA or financial institution. 
FEE SCHEDULE 

Scheduled consultation meetings are to be paid via our booking web application before the meeting time or risk cancelation at the discretion of ACC. Fees are non-negotiable. Learn more about our packages here

SBA BUSINESS EXPANSION LOAN SERVICES 

7a and other similar Loan packaging fees are charged in 48 hours or less upon receiving your request for a loan and grant consulting assistance. 

  • Consulting Calls – Start at $150 and are posted on our scheduling tools. 
  • Loan packaging and (re)packaging fees start at $2,500 USD per business and 1.5% of the total loan amount.

If you qualify for grants and other programs, we reserve the right to price additional applications accordingly and will discuss with you your options. 

Rates and fees are subject to change. ACC reserves the right to make these changes without notice. 

 

COLLECTIONS

Failure to process the payments in the fee schedule because of a lack of funds or insufficient funds will result in collections. Stop payment and NSF and collections fees will apply if payment is not made within 10 days. The failure to pay also creates a presumption for committing an offense, and this matter may be referred for criminal prosecution. We also have the right to proceed with reporting your debt to the credit reporting agencies where it could impact your credit rating and utilizing collection services to recoup lost funds. 

Failure to make payment within 30 days after demand, the treble amount owed (three times the original amount), the amount owed, bank and court costs, reasonable attorneys’ fees (not less than $50 and no more than $2,500) will be applied to your total balance. If payment is made in 30 days, a service charge of $10 or 5% of the face amount of the check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to the holder or agent for filing papers, and for traveling and providing witnesses to and from proceeding.

 

Choice of Law and Venue

ACC headquarters are in Ft. Meyers, Florida. All questions concerning the construction, validity, and interpretation of this Agreement shall be governed by the law of the State of Florida. Any dispute arising out of, or concerning, this Agreement or the employment relationship between the parties shall be resolved exclusively in a federal or state court of competent jurisdiction located in Florida. To the extent necessary, the parties hereby submit to and agree not to contest the jurisdiction of such courts.

 

PRIVACY POLICY 

Your privacy is critically important to us. As such, we have a few fundamental principles.

  1. We don’t ask you for personal information unless we truly need it
  2. We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  3. We don’t store personal information on our servers unless required for the ongoing operation of one of our services.

PERSONAL INFORMATION USED TO COMPLETE A RISK ASSESSMENT 

The information provided in this report is private. Our privacy policy, as well as terms and conditions, are outlined on our website. The risk assessment report is compliant with the Fair Credit Reporting Act (FCRA). The FCRA regulates the accuracy, fairness, and privacy of information in consumer reports, which are defined as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part to serve as a factor in establishing the consumer’s eligibility” for credit, insurance or employment purposes. Thus, the FCRA is not limited to credit reporting—it extends to criminal and civil records, civil lawsuits, reference checks, and other information obtained by a consumer reporting agency.

Website Visitors

Like most website operators, this website collects non-PII that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose for collecting non-PII is to understand better how visitors use this website. From time to time, we may release non-PII in the aggregate, e.g., by publishing a report on trends in the usage of its website. This website also collects potential PII-like Internet Protocol (IP) addresses.

Gathering of Personally-Identifying Information (PII) 

Certain visitors to this website choose to interact with it in ways that require the website to gather PII. The amount and type of information that the website gathers depends on the nature of the interaction. In each case, this website collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction. The website does not disclose PII other than as described below. Visitors can always refuse to supply PII, with the caveat that it may prevent them from engaging in certain website-related activities or services.

Protection of Certain Personally-Identifying Information

We disclose potential PII only to those persons and affiliated organizations that (i) need to know that information in order to provide services available on this website and (ii) that have agreed not to disclose it to others. Some of these persons and affiliated organizations may be located outside of your home country; by using this website, you consent to transfer such information to them. This website will not rent or sell potential PII to anyone. Other than the persons and affiliated organizations, as described above, this website discloses PII only when required to do so by law or when this website believes in good faith that disclosure is reasonably necessary to protect the property or rights of this website, third parties, or the public at large.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer and the visitor’s browser provides to a website each time the visitor returns. This website uses cookies to help the website identify and track visitors, their usage of the website, and their website access preferences. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using this website, with the drawback that certain features of this website may not function properly without the aid of cookies. We have several cookies to save your login information and your screen display choices. 

Data From Social Networks

User information from social networking sites, such as [Facebook, Google, Instagram, Pinterest, and Twitter], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. 

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

Third-Party Data

We do not sell your Information to third parties. All information provided to ACC, such as personal information or network friends, is used if you experess permission via connecting your account to the third party and grant the Site permission to access this information.

Data From Contests, Giveaways, and Surveys

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

Mobile Application Information

If you connect using our mobile Application:

  • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s [bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
  • Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
  • Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

USE OF YOUR INFORMATION

Accurate information about you lets us provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site [or our mobile Application] to:

  • Administer sweepstakes, promotions, and contests.
  • Compile anonymous statistical data and analysis for use internally.
  • Create and manage your account.
  • Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site [and our mobile Application] to you.
  • Email you regarding your account or order.
  • Generate your personal profile to make future visits to the Site [and our mobile Application] more personalized.
  • Increase the efficiency and operation of the Site [and our mobile Application].
  • Monitor and analyze usage and trends to improve your experience with the Site [and our mobile Application].
  • Notify you of updates to the Site.
  • Offer new products, services, [mobile applications,] and/or recommendations to you.
  • Perform other business activities as needed.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
  • Request feedback and contact you about your use of the Site [and our mobile Application].
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Send you a newsletter.
  • Solicit support for the Site [and our mobile Application].

Advertisering

We may use advertising tools to serve ads when you visit the Site [or our mobile Application]. These companies may use information about your visits to the Site [and our mobile Application] and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.

How long we retain your data

For users who register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Other Disclosures of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy

Please check your email for your risk assessment report from applications@americancapitalconsulting.com

For more information about our small business loan and consulting services, please be sure to check our terms and conditions, privacy policy and fee schedule. 

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