| DISCLOSURE
(MASTER AGREEMENT)
The purpose of the Payday Advances Agreement is to make
you, our customer, fully aware and informed of all terms
and conditions of our policies, as well as all federal and
State of Idaho regulations as required by law.
We value the opportunity to serve your needs and want you
to be completely satisfied and comfortable in all transactions
with Payday Advances.
FEDERAL DISCLOSURE REQUIREMENTS
Regulation B in Federal Law prohibits the consideration
of Age, Sex, Race, Ethnicity, Gender, National Origin, or
Handicap as a basis for making anyone a loan (as in our
Cash Advance Program). Payday Advances, through its web
site does not discriminate based on any of these factors.
In addition Payday Advances will not enter into or maintain
vendor/reciprocal information service type relationships
with anyone who does not conform to these anti-discriminatory
practices.
Regulation Z in Federal Law requires the full disclosure
of all costs and terms associated with any credit purchase
or transaction (such as this cash advance) and further requires
that the costs associated with the transaction be expressed
as an annual percentage rate of interest or A.P.R. Below
all costs, terms and rates associated with the Payday Advances
cash advance program are given.
Federal Truth in Lending Act (T.I.L.A.)
Payday Advances Terms and Conditions
Cash Advance Amount
(Amount Financed) |
Cash Advance Fee
(Finance Charge) |
Total of Advance Transactions
(Total of Payments) |
Term of Cash
Advance |
Annual Percentage Rate
(A.P.R.) |
| 1 |
2 |
3 |
4 |
5 |
| $100.00 |
$25.00 |
$125.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $200.00 |
$50.00 |
$250.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $300.00 |
$75.00 |
$375.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $400.00 |
$100.00 |
$500.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $500.00 |
$125.00 |
$625.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $600.00 |
$150.00 |
$750.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $700.00 |
$175.00 |
$875.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $800.00 |
$200.00 |
$1000.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $900.00 |
$225.00 |
$1125.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
| $1000.00 |
$250.00 |
$1250.00 |
Due on your nearest payday
(maximum of 15 days) |
See Chart |
1) Cash Advance Amount
- This is the Amount Financed - The amount of cash advanced
provided to you.
2) Cash Advance Fee
- This is the Finance Charge – The dollar amount the
cash advance will cost you.
3) Total of Advance
Transaction – The total amount you will have to repay,
the loan amount plus the fee.
4) Term – This
is when the cash advance total payment is due.
5) Annual Percentage
Rate -The cost of your advance as a yearly rate.
Extension of Payment Requirements
Payday Advances will allow you to extend the original cash
advance under the following terms. An additional amount
equal to the extension fee will be automatically debited
and applied toward the balance with each extension request
until the balance is paid in full. Four (4) extensions are
allowed. Click
here to read our complete Loan
Extension Policy.
All extension of payment requests,
must be submitted online and must be received BY 11 AM (EST)
the business day prior to your original due date to be processed.
We cannot accept extension requests by email.
Electronic Funds Transfer (EFT) Agreement
and Disclosure
This authorization is for those single or multiple entries
necessary to complete the original entries' authorization
amount and may be resubmitted if the original entry is returned
by the customer’s financial institution. In the event
the EFT is returned unpaid, an additional $25.00 Return
Fee or maximum legal amount may be electronically withdrawn.
It is the policy of Payday Advances to expedite all debits
and credits as soon as possible upon approval; however,
unavoidable delays can result with the processing company
as a result of inadvertent processing errors, “acts
of God”, etc. Normal processing time should not exceed
two (2) business days under most circumstances but may exceed
that in extraordinary circumstances.
Pre-Authorized Electronic Funds Transfer
Payments
With this EFT Agreement, which is part of the Master Cash
Advance Agreement, the customer authorizes Payday Advances,
to initiate debit/credit entries to the customer's account
for all payments due, including any returned unpaid item
fees due, on which the subject of this agreement is drawn
and the Financial Institution in which the account is held
to debit/credit the same to such account. This authority
is to remain in full force and effect until Payday Advances
and the subject Financial Institution have received written
notification from the customer of its termination in such
time and in such manner as to afford Payday Advances and
the Financial Institution a reasonable opportunity to act
on it. You understand and agree that you may revoke this
ACH/EFT authorization only after all payments are completed
and Payday Advances is paid in full.
Further, by submitting the application form, the customer
authorizes Payday Advances and the customer’s current
verified financial institution (even if the financial institution
and/or account numbers are different than those on the original
application) to initiate debit (ACH or bank draft) and credit
entries as necessary when an original ACH/ EFT transaction
is returned unpaid or unable to complete. The customer authorizes
Payday Advances and/or assigned collection company to submit
ACH/ EFT and/or bank draft debits for partial payments of
cash advances and fees (such partial payments shall be credited
first to fees payable, then to cash advance principal payable);
as necessary to allow full repayment of the cash advance
and any/all associated fees to be completed. The customer
authorizes Payday Advances (and its EFT Processor) to make
electronic funds transfers (EFT), both debit and credit
entries, to and from any bank account of the customers at
any institution, from time to time, for fixed and variable
amounts, including recurring transactions and point-of-sale
transactions, according to the terms of the customer’s
agreement with Payday Advances. The customer understands
and agrees that Payday Advances does not need to notify
the customer prior to any recurring debit entry for a fixed
amount, or prior to any point-of-sale debit entry initiated
by the customer, or prior to any credit item.
YOUR PROMISE TO PAY
You promise to pay us the Amount Financed, the Finance
Charge and other permitted charges according to the Federal
Truth-In-Lending Disclosures. You acknowledge and agree
that you are indebted to us in the amount of the Total of
Payments, and that the amounts set forth in the Federal
Truth-In-Lending Disclosures are not in dispute.
You have made promise to pay us or to our order, (per your
electronic signature on original advance application of
Master Agreement) in one payment on the date indicated in
the payment schedule, or if extended payment request was
submitted and processed, the total of payments on or after
the next date your cash advance comes due. You authorize
us to effect this payment by one or more ACH/EFT debits
and or demand bank draft debit entries to your account of
your financial institution (bank or credit union) until
this cash advance comes due. You authorize us to effect
this payment by one or more ACH/EFT debits and or demand
bank draft debit entries to your account of your (bank or
credit union) financial institution until this cash advance
note is paid in full. You have confirmed that you are not
in bankruptcy proceedings, nor do you contemplate or plan
on filing bankruptcy in the future.
You promise to keep open and maintain an adequate balance
in your account to assure all payments are made to us in
a timely manner on the scheduled due date(s), until this
cash advance note is paid in full. I agree and confirm this
online cash advance transaction is due in full on my next
nearest pay date, unless an extension of payment request
is submitted and accepted by Payday Advances LLC. An extension
of payment fee will be debited on the original due date,
and then the original advance amount plus original fee will
become due in full on my next scheduled pay date. You agree
that by submitting completed/ signed WireToMe.com internet
request forms as a matter of convenience, hereby constitutes
the same legal and binding document as providing Payday
Advances LLC with your personal post dated check, in the
amount of the cash advance plus associated fees, for the
scheduled and authorized repayment of the cash advance amount
that, upon approval, will be credited by ACH/EFT to your
financial institution account.
If Payday Advances is unable to collect payment from your
provided account for any reason to effect debit entries
as agreed, you promise to pay us all sums you owe immediately,
by making payment in full by using Western Union Quick Collect
process. If in default, you authorize Payday Advances and/or
their designated collection agency to continue initiating
ACH / EFT or bank draft debit entries of your financial
institution account for full and/or partial payments of
cash advance and associated costs as necessary until all
total amounts owed are paid in full.
I agree, to the extent permitted by law that I will not
bring, join, or participate in any class action or multi-plaintiff
action as to any claim, dispute, or controversy I may have
against Payday Advances LLC. I agree to the entry of injunctive
relief to stop such a lawsuit or to remove myself as a participant
in the suit. This agreement does not constitute a waiver
of any of my rights and remedies to pursue a claim individually.
Arbitration: Both parties agree that any claim, dispute,
or controversy between us, any claim by either party against
the other or the agents, services, or assigns of the other,
including the validity of this agreement to arbitrate disputes
as well as claims alleging fraud or misrepresentation shall
be resolved by binding arbitration by and under the Code
of Procedures of the National Arbitration Forum (NAF) at
the time the claim is filed. Rules and form of the NAF may
be obtained and all claims shall be filed at any NAF office
on the World Wide Web at www.arbforum.com or at P.O. Box
50131, Minneapolis, MN 55405. Any arbitration hearing, if
one is held, will take place at a location near your residence.
Your arbitration fees will be waived by the NAF in the event
you cannot afford to pay them. This arbitration agreement
is made pursuant to a transaction involving interstate commerce
and shall be governed by the Federal Arbitration Act 9.
USC Section 1-18. Judgment upon the award may be entered
by any party in court having jurisdiction. Notice: Both
parties have had the right or opportunity to litigate disputes
through a court but we have agreed instead to resolve disputes
through binding arbitration.
RETURN OF PAYMENT POLICY
If the customer's pre-authorized payment is returned to
Payday Advances as uncollected due to NSF (non-sufficient/uncollected
funds), the customer agrees to have payment automatically
rescheduled for a repayment date (generally the following
pay date) to include fees associated with the return, fees
associated with the continued use of advanced amount for
the additional period of time over the maximum allowed of
15 days, and the original advance plus fee, that will be
presented to customers account with up to five (5) separate
ACH/EFT transactions to obtain payment in full. Payday Advances
LLC will reschedule payments by ACH/EFT with subsequent
additional fees incurred each time for the continued use
of the original advance balance amount, together with previous
returned payment fees a maximum of two (2) additional times
in attempt to have all payments completed and have Payday
Advances paid in full. If Payday Advances LLC is still
unsuccessful in obtaining payment, and customer in default
has not made payment of balance owed by Western Union Quick
Collect process, the account in default will be transferred
to our designated Law Collection firm and litigation/collection
procedures will begin. Payday Advances LLC may also file
a claim for a civil judgment award against the customer
with the National Arbitration Forum for all monies, fees,
and costs associated with obtaining payment in full. Upon
award of judgment against customer in default which is final
and binding, the judgment award will be filed in the civil
court in the jurisdiction of the defaulted customer's county
of residence. The customer in default will be responsible
for all additional costs associated with obtaining payment
in full (National Arbitration Forum fees, collection fees,
court and attorney fees, etc.)
If the customer's pre-authorized payment is returned
to Payday Advances as uncollected due to any other
reason, and customer has not contacted our office immediately
upon notice, to obtain Western Union payment instructions,
and subsequent payment in full is not obtained by Western
Union Quick Collect process, the customer's account will
AUTOMATICALLY be forwarded to our collection Law Firm and
collection procedures will begin immediately. The customer’s
defaulted account may also be transferred to the National
Arbitration Forum where a claim for civil judgment will
be filed against the customer in default. Upon award of
claim, which is final and binding, the award of judgment
will then be filed in the county court of your residence
for payment in full. The customer in default, is responsible
for all additional costs associated with obtaining payment
in full (National Arbitration Forum fees, collection fees,
court and attorney fees). In addition, the customer
in default will be reported to TeleTrack, TeleCheck, and
SCAN.
As per the customer's signed agreement, all disputes of
payment may also be forwarded to The National Arbitration
Forum and a claim for judgment will be filed against the
customer in default. Upon award of claim, which is final
and binding, the customer in default will be responsible
for all additional costs associated with obtaining payment
in full (National Arbitration Forum fees, collection fees,
court and attorney fees). In addition, the customer in default
will be reported to any or all of the following: TeleTrack,
TeleCheck, Scan, TransUnion, Experian, and/or Equifax.
ADDITIONAL TERMS AND CONDITIONS OF THIS AGREEMENT
Prepayment: You may prepay your obligation under this Agreement
in full at any time without penalty.
Method of Payment: Your electronic authorization in the
amount of the Total of Payments stated in the Federal Truth-In-Lending
Disclosures and dated as of the date indicated in the Payment
Schedule stated in the Federal Truth-in-lending Disclosures
(the "Payment Date") will be held by us until
the Payment Date as security for this advance. You agree
that we may debit your account for the Payment if you have
not paid us in cash or by cashier's check, money order,
or other immediately available funds the amount of Total
Payments before noon (EST) on the Payment Date. If payment
is made prior to the EFT/ACH payment date, we will cancel
the electronic authorization at the time we receive payment.
Returned Payments: In the event your electronic payment
of any amount due under this agreement, and upon presentment
to the named Drawee, is returned due to insufficient funds
or credit, stopped payment, or closed account, or any other
reason, we shall assess a $25 returned fee.
Documentation: I agree that electronic mail, electronic
forms, records, photocopies, and /or facsimile copies of
the documents I submit are valid and enforceable as the
original. I agree that by typing my name as my electronic
signature, it is acknowledged and understood that it constitutes
an acceptance of all terms and conditions of the master
cash advance agreement and is valid and enforceable.
Prepayment: You may prepay all or any part of the amount
due under this Agreement at any time without penalty. If
the advance is prepaid before the final installment date,
you shall receive a rebate of the unearned Finance Charge.
The unearned portion shall be calculated on a pro-rata basis
using a percentage derived by dividing the number of days
from payment until maturity by the total number of days
of the original loan term. NO rebate less than $5.00 is
required.
By signing and submitting the application form, I understand
and agree to all terms and conditions of this Master Agreement
and by submitting the online information application by
Internet, I am applying for a cash advance and certify that
information provided by me is true and correct under penalty
of perjury. I agree that upon submission of my electronic
signature, I am not presently involved in, nor contemplating
bankruptcy now or in the future. I authorize you to verify
the information in this application and hereby give Payday
Advances consent to obtain information on me from a consumer
reporting agency or other various means available. I understand
Payday Advances reserves the right to decline an applicant
at any time, with cause determined by judgment of risk,
upon completion of due diligence of applicant. In order
to process this application, I understand verification of
the information I have provided is necessary, including,
but not limited to, proof of residence, employment and bank
account verification. I accept personal responsibility for
safeguarding any PIN or CUSTOMER NUMBER that might be assigned
to me.
These transactions shall take place in the State of Idaho
and Idaho Law shall govern all aspects thereof except as
federal laws may apply.
Idaho Licensed Lenders Regulations
Itemized Schedule of Charges
(Idaho State Law)
The Idaho State Licensed Lenders Regulations and Itemized
Schedule of Charges are available on the web site.
(Be sure you fully understand the Payday Advances program
and procedures before signing and submitting forms as acceptance.)
|