Terms and Conditions of the FuturePay Payment System

Transcription

1 Rev. 11/04/2016 Terms and Conditions of the FuturePay Payment System FuturePay is an open-end credit plan offered by Celtic Bank ( Bank ), 268 South State Street, Salt Lake City, Utah IF YOU ALREADY HAVE A FUTUREPAY ACCOUNT this Purchase is pursuant to your FuturePay Terms and Conditions, a copy of which is provided below for your reference. IF YOU DO NOT HAVE A FUTUREPAY ACCOUNT, by using FuturePay to complete a Purchase, you apply for credit and agree you have read the Terms and Conditions and Account Agreement (this Agreement ), including the Privacy Notice, and you authorize the Bank to obtain and review your credit report. You authorize the Merchant to share your personal information, including address, with the Bank, and authorize the Bank to use that information for all lawful purposes in connection with the Account. PLEASE BE CERTAIN TO READ ALL OF THIS AGREEMENT AND RETAIN IT FOR YOUR RECORDS. NOTIFY US AT ONCE IF ANY PARTS OF THIS AGREEMENT ARE NOT CLEAR. This Agreement includes the: E-Sign Consent, Account Agreement, and Privacy Notice. Finance Charges IMPORTANT DISCLOSURES Fixed Finance Charge No Finance Charge for First Billing Cycle of a New Account How to Avoid Paying a Finance Charge For Credit Tips from the Consumer Financial Protection Bureau You will be charged a Fixed Finance Charge of $5 for every $500, or portion thereof, in unpaid Balance on your Account at the end of each Billing Cycle. We will not charge you a finance charge on your Account for the first Billing Cycle after your Account is opened. Your Billing Cycle ends on the same day each month. We will not charge you a Fixed Finance Charge if you pay your entire Balance by the end of each Billing Cycle. To learn more about factors to consider when applying for or using credit, visit the website of the Consumer Financial Protection Bureau at Fees Penalty Fees: - Late Payment - Returned Payment Up to $25 Up to $20

2 How We Will Calculate Your Balance. We use a method called "ending balance method". This balance is calculated by taking the amount of unpaid Balance you owe at the beginning of each Billing Cycle, adding any Purchases and Fees charged to your Account during the Billing Cycle, and deducting payments and credits made during the Billing Cycle. Billing Rights. Information on your rights to dispute transactions and how to exercise those rights is provided in Paragraph Your Billing Rights below. Important Information About Procedures for Opening an Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, the Bank will obtain your name, address, date of birth, and other information that will allow the Bank to identify you. The Bank may also ask to see a copy of your driver s license or other identifying documents. The Bank will verify this information with others. State Disclosures CA Residents If you are married, you may apply for a separate account. OH Residents The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. NY, RI, & VT Residents We may order credit reports in connection with processing applications/solicitations and any update, renewal, or extension of credit. Upon request, we will tell you the name and address of any consumer-reporting agency that furnished a report on you. You consent to the obtaining of such reports by signing or otherwise submitting an application or solicitation. New York Residents: Celtic Bank/FuturePay New York residents may contact the New York Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees, and grace periods. New York Department of Financial Services or 2

3 WI Residents No provision of a marital property agreement, unilateral statement under Section , or court decree under Section adversely affects the interest of Celtic Bank, unless the Bank, prior to the time credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the Bank is incurred. If you are married, please contact us immediately at: FuturePay, P.O. Box 17634, Salt Lake City, UT and provide us with the name and address of your spouse. We are required to inform your spouse that we have opened a credit account for you. IMPORTANT NOTICE. E-SIGN CONSENT READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. In order to complete your transaction online, the Bank must provide you with certain disclosures required by law. The Bank can provide these disclosures to you electronically only if you consent. If you do not consent to receive these disclosures electronically, you should choose another payment method to complete your Purchase. 1. DEFINITIONS. In this Agreement and in your billing statement, the following definitions apply. (a) "You, "your, "yours, and "borrower" mean the person who is asking to use FuturePay to make a Purchase and to whom we direct the billing statement for the Account. "We, "us, "our" and "Bank" mean the Bank and any person, company or bank to whom the rights of the Bank have been assigned. (b) "Disclosures" means important communications and other information relating to your application for and/or use of FuturePay, including but not limited to agreements, adverse action notices, privacy notices, billing statements and changes in terms. "FuturePay Payment System" is our payment system, which allows you to pay for Purchases from participating Merchants by charging Costs to your Account. It may be called simply "FuturePay". 2. YOUR ACCEPTANCE AND CONSENT. By checking the "I agree to have the Terms and Conditions presented electronically", which you hereby adopt as your electronic signature, you consent and agree that: (a) This consent applies to this transaction and all future Disclosures you receive, and to all future transactions in which you use the FuturePay Payment System, at any time unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below. 3

4 We can provide Disclosures required by law and other information about your legal rights and duties to you electronically. Your electronic signature on this Agreement and other documents has the same effect as if you signed them in ink. We can send all Disclosures to you electronically via our website or to the address that you have provided to the Merchant in this transaction or to another address that you provide to us for that purpose rather than in paper form. We will alert you when any Disclosure is available, by sending you an electronic communication. Our will tell you how you can view the Disclosure. We will make a Disclosure available to you for not less than 90 days from the later of the date it first became available to you or the date we sent you the to alert you that it was available. You will be able to print a copy of a Disclosure or download the information for your records. Your consent applies to this Agreement and our establishing an Account for you, to all future Disclosures on your Account, and to all future transactions in which you use the FuturePay Payment System unless you have, prior to such transaction, withdrawn your consent. The procedure for withdrawing your consent are in Paragraph below entitled Requesting Paper Documents and Withdrawing Consent. 3. WHAT YOU WILL NEED FOR DISCLOSURES. You understand that in order to access and retain the electronic Disclosures, you will need the following: A computer with an Internet connection. A current web browser that includes 128-bit encryption. (Minimum recommended browser standards are Microsoft Internet Explorer version 6.0 and above, Firefox version 1.5 and above, or Safari 2.0 and above.) The browser must have cookies enabled. A valid address. Sufficient storage space to save past Disclosures or an installed printer to print them. If you use a spam filter that blocks or re-routes s from senders not listed in your address book, you must add customercare@futurepay.com to your address book. 4

5 4. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. You understand that you may request paper copies of the Disclosures within 180 days of the date of the Disclosures, and that we will provide them to you by mail at a charge of $5 per Disclosure. You understand that you have the right to receive these Disclosures in paper form and that you may withdraw your consent by logging into and going to "Edit Account". You can also request paper copies and/or withdraw consent by contacting us at: FuturePay, Inc. P.O. Box Salt Lake City, UT UPDATING ADDRESS. You are responsible for maintaining an address that is active and can receive from us for the purpose of receiving electronic Disclosures. At any time, you can update the address to which we will send alerts that your Disclosures are available. You can change your preferences by logging into and going to "Edit Account." You can also do this by contacting us at: FuturePay, Inc. P.O. Box Salt Lake City, UT LEGAL EFFECT: By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you when and if we are required to do so. When we send you a Disclosure in electronic form or post a Disclosure on our website that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. We may also send you an alerting you that the Disclosures are available electronically and make them available online. 7. GENERAL: You understand and agree that we reserve the right to cancel this electronic Disclosure service, change the terms of use of this service, or send Disclosures in paper form at any time. You understand and agree that we are not responsible for any delay or failure in your receipt of any notices we may send. FUTUREPAY ACCOUNT AGREEMENT This Agreement sets forth the terms and conditions of the FuturePay Account ("Account") and the extensions of credit issued by Celtic Bank (the "Bank"). Please read this Agreement and keep a copy. 5

6 1. Definitions (a) "Account" means your FuturePay revolving line of credit account that is the subject of this Agreement. (b) Balance means the amount you owe us on your Account at any given time. (c) Billing Cycle" means the time between the dates when we prepare billing statements for your Account. (d) "Cost" means the price of any goods and services you purchase from a Merchant using FuturePay, plus any fee or charge you agree to pay the Merchant, the cost of shipping and taxes, and finance charges, less any applicable discount or credit offered by the Merchant. (e) "Credit Line" means the dollar amount of credit that we authorize as available for you to make Purchases with the credit available in your Account. The total balances of your Account plus Purchase transactions that have been authorized but not yet posted to your Account (but not including unpaid Fees) may not exceed the Credit Line. (f) "FuturePay" means the services provided for the Bank, such as processing transactions, keeping records, sending billing statements and customer service. FuturePay is a registered trademark of RevenueWire, Inc. (g) "Merchant" means a merchant participating in and authorized to accept the FuturePay payment option to pay for your Purchases. (h) "Payment Due Date" means the date stated on each billing statement by which payment on your Account must be received by us. (i) "Purchase" means your purchase of any goods or services from a Merchant and you choose the FuturePay Payment System to pay the Cost. (j) is terminated. "Termination" means that your right to make further Purchases using your Account (k) You and Your means the person who applied for this Account and agrees to this Agreement. (l) (m) We, us, and our means the Bank. You will find definitions of other terms within this Agreement. 6

7 8. HOW YOU AGREE TO THIS AGREEMENT. You agree to the terms of this Agreement and you make the promises it contains by either applying for or accepting an Account or making a Purchase using FuturePay after receipt of this Agreement. 9. GENERAL DESCRIPTION OF THE ACCOUNT AND MAKING A PURCHASE. (a) General Description. The Account is an open-end, revolving credit account. (b) Making a Purchase. You can make a Purchase using your Account by choosing FuturePay when you make a Purchase from a Merchant at a web site or at an authorized location. We will extend credit to you, in the amount of the Cost of the Purchase, and disbursing the Cost of the Purchase to the Merchant on your behalf. 10. CREDIT LINE AND OTHER AGREEMENTS (a) Credit Line. At the time you request an Account, we evaluate your request for credit and if we approve an Account for you, we establish the Credit Line for you. You may use your Account to pay for Purchases up to the Credit Line set for you, and the total balance of all transactions on the Account plus transactions which have been authorized but not yet posted to the Account (but not including unpaid fees) may not exceed the Credit Line. For example, if your Credit Line is $500 and you make a Purchase of $400, you will have $100 credit available for further Purchases. If you try to make a Purchase that would cause your outstanding Balance to be above your Credit Line, we will decline your Purchase request. We may occasionally and routinely verify credit information about you and obtain an updated consumer report in connection with your Account. We may decrease your Credit Line at any time. We will notify you as required by applicable law. Your Credit Line and available credit on your Account will be disclosed on each billing statement. (b) Charge Your Account for Purchases. You authorize us to charge your Account for the Cost of any Purchase you, or anyone to whom you have given permission to use your Account, make from a Merchant using FuturePay. (c) Finance Charges and Fees. You authorize us to charge your Account for finance charges, any Fees, costs of collection, and amounts that you agree to pay in this Agreement. 11. YOUR PERSONAL INFORMATION. When you choose FuturePay to make a Purchase, you authorize the Merchant to share your personal information with us to the extent necessary for us to make a credit decision in order to open your Account or increase your Credit Line, and to complete your transaction, including verifying your identity, paying the Merchant on your behalf, charging your Account for the Costs of the Purchase, sending you a billing statement, 7

8 servicing your Account and for all other lawful purposes in connection with your Account. You authorize the Merchant to share your address with us. 12. YOUR PROMISES TO US. (a) Promise to Pay. You promise to pay us all balances owing on your Account, including all Purchases, Fees, finance charges, extensions of credit and any other amounts you have authorized us to charge to your Account. You promise to pay for all Purchases made by you and by anyone you authorized to use your Account. Bank (and others who may decide whether you are liable for amounts charged to your Account) may presume that you have authorized any Purchase made in your name using your Account, if the Purchase is delivered in your name to your address, unless you return the Purchase to the Merchant within a reasonable period of time. You will not be responsible for any unauthorized Purchases on your Account. (b) Minimum Payment. You promise to pay at least the Minimum Payment Due on or before the Payment Due Date each Billing Cycle and in accordance with the reasonable requirements set forth on each billing statement. (c) Personal Financial Information. You promise to give us personal financial information about you that we may reasonably request, from time to time. (d) Collection Costs. You promise to pay all costs of collection if we take any action to collect your Account or take any action in a bankruptcy proceeding filed by or against you, including reasonable attorneys fees and expenses to the maximum amount permitted by applicable law. (e) Contact Information. You promise to promptly notify us if you change your name, your mailing address, your address or your telephone number. In doing so, you promise not to give us false information or signatures, electronic or otherwise, at any time. (f) Age of Residency. You promise that you are of legal age in the state where you reside and are a resident of the United States when you accepted this Agreement and opened the Account. (g) Merchant Disputes. If you are dissatisfied with goods or services you purchased from a Merchant, you promise you will try in good faith to resolve the dispute and correct the problem directly with the Merchant. You agree to allow a reasonable period of time for the Merchant to resolve the dispute. This shall in no way limit or reduce your rights in case of a billing error. (h) Use of the Account. You promise to use this Account only for personal, family, or household purposes. 8

9 13. FIXED FINANCE CHARGE. (a) General. Your finance charge is fixed based on the Account ending Balance at the end of the Billing Cycle in a fixed dollar amount and not on a specific interest rate. You agree to pay the Fixed Finance Charge on the outstanding Balance on your Account until paid in full, as applicable. (b) When The Fixed Finance Charge Begins. The Fixed Finance Charge is payable for each Billing Cycle if you have an unpaid Balance in your Account at the end of each Billing Cycle. We will not charge you a Fixed Finance Charge on your Account for the first Billing Cycle after which your Account is opened. (c) Assessing the Fixed Finance Charge. If the Balance of your Account is greater than zero at the end of any Billing Cycle after the first Billing Cycle for your Account, we will charge you a Fixed Finance Charge of $5 for each $500, or portion thereof, of the unpaid Balance of your Account at the end of the Billing Cycle. (d) How We Calculate Your Account Ending Balance. We take the Balance at the beginning of your Billing Cycle, add any new charges, including Purchases and Fees, and deduct payments and credits made during the Billing Cycle. (e) How We Compute the Fixed Finance Charge. If the ending Balance of your Account is greater than zero, we will charge $5 for each $500 of the unpaid Balance of your Account at the end of the Billing Cycle. For example, if the Balance of your Account is between $0.01 and $ at the end of your Billing Cycle, we will charge a Fixed Finance Charge in the amount of $5 to your Account; if the Balance of your Account is between $ and $1, at the end of your Billing Cycle, we will charge a Fixed Finance Charge in the amount of $10 to your Account; and so on. 14. FEES. You agree to pay the following Fees, as applicable. You agree that we may add any Fee to the Balance of the Account. (a) Penalty Fees. (i) Late Payment Fee. We will charge you a Late Fee each Billing Cycle during which the Minimum Payment Due is not paid in full by its Payment Due Date. The Late Fee will be the amount of the missed payment up to $25. (ii) Returned Payment Fee. We will charge you a Returned Payment Fee for any payment on your Account denied or returned by a drawee for "not sufficient funds" or other reasons, such as a closed account. The Returned Payment Fee will be the amount of the Minimum Payment Due immediately prior to the date on which the payment is returned up to $20. 9

10 (b) to you. Paper Statement Fee. We may add a fee of $5 if we mail a paper billing statement 15. MINIMUM PAYMENT DUE. The Minimum Payment Due each Billing Cycle will be the sum of the payment due on your Balance calculated as described below, plus any amounts past due from previous Billing Cycles. (a) Minimum Payment. The Minimum Payment Due in each Billing Cycle will be determined based on your Account Balance on the last day of the Billing Cycle as follows: (i) $25 plus any amounts past due from previous Billing Cycles, if your unpaid Balance at the end of the Billing Cycle is $1,000 or less; or (ii) $60 plus any amounts past due from previous Billing Cycles, if your unpaid Balance at the end of the Billing Cycle is greater than $1,000; or (iii) If your unpaid Balance at the end of the Billing Cycle is less than $35, your Minimum Payment Due on your Account will be the entire unpaid Balance. (b) Minimum Payment Due Date. The Payment Due Date on your Account will be the same date each month and will be at least 24 days from the closing date on your statement. 16. PAYMENTS. (a) the Balance. Payment Application. We will apply the entire amount of each payment made to (b) Prepayment. A payment in excess of the Minimum Payment Due in any Billing Cycle is a prepayment. You may make prepayments in any amount and may pay the entire Balance or any part of it at any time provided that you pay at least the Minimum Payment Due in each Billing Cycle when it is due. You may, at any time, pay more than the monthly Minimum Payment Due or even the entire outstanding Balance without a penalty. No partial prepayment will extend the due date or affect the calculation of the Minimum Payment Due for any succeeding payment. (a) Effect of Credits on your Minimum Payment Due. Credits applied to your Account do not relieve you of your obligation to pay the Minimum Payment Due. 17. BILLING STATEMENTS AND CREDIT BALANCES. (a) Billing Statements. We will provide you a billing statement for each Billing Cycle if and as required by applicable law. We do not need to provide a billing statement to you if we 10

11 deem this Account uncollectible or if delinquency collection proceedings have been started. We will provide you with an electronic billing statement only and that you can obtain a paper statement subject to the charge stated in Paragraph Fees above. (b) Credit Balances. We will refund any credit balance in excess of $1.00 to you as required by law. You authorize us to make the refund electronically or using an electronic transfer, (i) if you made the payment which caused the credit balance electronically, or using an electronic transfer, or (ii) if you typically make payments on this Account electronically. (c) Errors. You agree to notify us in writing of any errors in the billing statement within 60 days from the date it is first provided to you. You agree to examine each billing statement and notify us immediately in writing of any Purchases which were not made or authorized by you. 18. EVENTS AND EFFECTS OF DEFAULT. (a) Events of Default. You will be in default under this Agreement if you: (i) (ii) (iii) (iv) (v) (vi) Fail to make the Minimum Payment Due by the Payment Due Date listed on the billing statement; Breach, or are unwilling or unable to perform, any other provision of this Agreement; File for bankruptcy; Become insolvent or generally unable to pay your debts; Furnish false or misleading information in applying for your Account or otherwise; Fail to supply us with any information we deem necessary; (vii) Pass away or become incompetent; or (viii) Give us a payment returned unpaid by your bank or financial institution for any reason. (b) Collection Costs. You agree to pay all costs of collection (including reasonable attorneys fees and expenses) if we take any action to collect this Account after default, if permitted and to the maximum amount permitted by applicable law. (c) Our Rights. If you are in default, subject to the limitations of applicable law, we may, at our option, close your Account and declare the entire unpaid Balance on your Account immediately due and payable. We may refuse to make any new extensions of credit and may cancel any approved extensions of credit from the Account for any Purchase or transaction that 11

12 has not yet appeared on a billing statement sent to you. This may happen without any prior notice to you. If we choose to grant new credit for your Account after default, you agree that we may charge the new credit to your Account. The other provisions of this Agreement will continue to apply to your Account. If we get a judgment after default and/or if you are a debtor in an action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law, the finance charges applicable to your Account will continue to apply to the balances on your Account. 19. TERMINATION OF THE ACCOUNT IN ADDITION TO TERMINATION BY DEFAULT: (a) We, at our sole discretion, or you, may terminate this Agreement at any time and for any reason subject to the requirements of applicable law and this Agreement. Termination may be temporary or permanent. (b) You may terminate your Account by sending written notice to the address on the billing statement. (c) After Termination, you will not be able to make new Purchases with your Account. After Termination, you will still have to pay any remaining Balance on your Account until paid in full. All other provisions of this agreement will continue to apply. 20. OUR LIABILITY. We have no responsibility for the failure of any Merchant to accept payment using FuturePay. Our liability is limited to that determined by applicable law and will only include actual damages. 21. AMENDMENT OF THIS AGREEMENT. We may amend this Agreement from time to time and will give you written notice where required by law. An amendment may change something in this Agreement, add something new, or take something out. Unless we state otherwise any amendment may apply only to new activity on your Account. If the amendment includes any change for which we need your consent, we will obtain your consent before that amendment becomes effective. If applicable, we may obtain your consent in any one or more of the following ways: (a) by your usage of the Account after we give you notice of the amendment; (b) by your failure to write us on time if we request that you write us to reject an amendment; or (c) by your affirmative agreement which may be obtained verbally, in writing or electronically. If you do not agree to the Amendment, you must notify the Bank in the manner provided with the amendment within 25 days after the effective date of the change, and the Bank may close your Account and may elect to have you pay the outstanding Balance as provided by law. Otherwise, you shall be deemed to have agreed to the change(s) in the Bank's notice. Use of your Account after the effective date of the change shall be deemed to be your acceptance of the New Terms. Any other term in the amendment will become effective without your consent, although you may be able to avoid a fee or charge by not making the type of transaction to which it applies after the effective date of the amendment. 12

13 22. DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion. 23. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative. 24. ASSIGNMENT. You may not assign your rights under this Agreement or your Account to anyone. We may sell or assign any or all of our rights under this Agreement any time. 25. CREDIT INVESTIGATION AND REPORTING. We are authorized to make credit and investigative inquiries we deem appropriate related to your Account and the collection of amounts owed on your Account. You agree that we have the right to obtain a credit report in connection with our review of your application for your Account, and as we deem reasonably necessary to maintain and collect your Account. You authorize us to report your performance under this Agreement to credit reporting agencies, including your failure to make minimum payments on time. We may also respond to inquiries about our credit experiences with you as permitted by law. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligation. 26. NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US, CONSENT TO ELECTRONIC COMMUNICATIONS AND TELEPHONE MONITORING AND RECORDING. (a) Communications Concerning Disputed Debts. ALL COMMUNICATIONS BY YOU TO US CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT, MUST BE SENT TO: FuturePay, Inc., P.O. Box 17634, Salt Lake City, UT (b) Notices and Customer Service. You may send correspondence, inquiries and questions concerning your Account to us at support@futurepay.com. You may also call our customer service at: (c) Consent to Communication. We may use any means of communication to contact you for any lawful purpose (including debt collection). Such means of communication may include, but is not limited to postal mail, telephone, , text message or other technology, including but not limited to Voice Over Internet Protocol ( VOIP ), even if you are charged for the contact. You are responsible for any charges for contacting you that may be billed to us by our communications carrier. We may contact you at any address (including any or text message address) or telephone number (including any cellular telephone number or landline number that is later ported to a cellular telephone) that you give to us, or from which you call us. 13

14 In order to contact you more efficiently, we and/or FuturePay. may contact you using autodialed and/or prerecorded message calls or text messages at the telephone number(s) you have provided us. We and/or FuturePay may place such calls or texts to (i) provide servicing related communications about your Account or Account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and/or FuturePay and our service providers may contact you using autodialed and/or prerecorded message calls and text messages to carry out the purposes we have identified above. We and/or FuturePay may share your phone number(s) with service providers that we contract with to assist us in carrying out these purposes, but will not share your phone number(s) with third parties for their own purposes without your consent. You also agree that these communications aren't unsolicited for purposes of any state or federal law. Standard telephone minute and text charges may apply. (d) Monitoring or Recording. We may monitor, tape or electronically record our telephone calls with you, including any calls with our customer service department, collection department and any other department. (e) s. You consent to us ing you for any lawful purpose, including marketing. You may withdraw consent to us sending you commercial s by "unsubscribing" when we send you an GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the United States. To the extent state law applies to this Agreement, this Agreement will be governed by the laws of the state of Utah without regard to principles of conflicts of law, except to the extent preempted, superseded, or supplemented by federal law. This Agreement is not valid until accepted by Celtic Bank in Utah, and any credit extended to you is extended in and from Utah, regardless of where you reside or the place where the Merchant is located. 28. CLASS ACTION WAIVER. YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US RELATING TO THIS AGREEMENT AND AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL. 29. SEVERABILITY. If any of the provisions of this Agreement are held to be unenforceable or invalid for any reason, the remaining provisions hereof shall nevertheless remain enforceable, and shall be interpreted in such a manner to preserve the enforceability of this Agreement to the maximum extent permitted by applicable law. 30. ENTIRE AGREEMENT. This Agreement is the final expression of the agreement between you and the Bank and may not be contradicted by evidence of any alleged oral agreement. 14

15 31. BILLING RIGHTS NOTICE. YOUR BILLING RIGHTS. KEEP THIS DOCUMENT FOR FUTURE USE. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT If you think there is an error on your statement, write to us at: FuturePay, Inc. P.O. Box Salt Lake City, UT In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statements. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. 15

16 While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you finance charges on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your Balance. We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: If we made a mistake: You will not have to pay the amount in question or any finance charges or other fees related to that amount. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable finance charges and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. YOUR RIGHTS IF YOU'RE DISSATISFIED WITH PURCHASES WITH YOUR ACCOUNT If you are dissatisfied with the goods or services that you have purchased with your Account, and you have tried in good faith to correct the problem with the Merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 16

17 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your Account for the Purchase. 3. You must not yet have fully paid for the Purchase. If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing or electronically at: FuturePay, Inc. P.O. Box Salt Lake City, UT While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 17

18 PRICING ADDENDUM Finance Charges Fixed Finance Charge No Finance Charge for First Billing Cycle of a New Account How to Avoid Paying a Finance Charge For Credit Tips from the Consumer Financial Protection Bureau You will be charged a Fixed Finance Charge of $5 for every $500, or portion thereof, in unpaid Balance on your Account at the end of each Billing Cycle. We will not charge you a finance charge on your Account for the first Billing Cycle after your Account is opened. Your Billing Cycle ends on the same day each month. We will not charge you a Fixed Finance Charge if you pay your entire Balance by the end of each Billing Cycle. To learn more about factors to consider when applying for or using credit, visit the website of the Consumer Financial Protection Bureau at Fees Penalty Fees: - Late Payment - Returned Payment Up to $25 Up to $20 How We Will Calculate Your Balance. We use a method called "ending balance method". This balance is calculated by taking the amount of unpaid Balance you owe at the beginning of each Billing Cycle, adding any Purchases and Fees charged to your Account during the Billing Cycle, and deducting payments and credits made during the Billing Cycle. 18