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RETAIL INSTALLMENT CONTRACT
The words “Buyer”, “you” and “your” mean the buyer or payor with respect to the
goods and/or services (“Goods”) financed pursuant to this Retail Installment
Contract and the Quadpay Customer Agreement, which is incorporated herein by
reference (collectively, this “Agreement”), who has accepted this Agreement
electronically. The words “Quadpay”, “Seller”, “we”, “us” and “our” mean
Quadpay, Inc., who is the seller of the Goods and provider of the financing
hereunder, and shall further include any subsequent holder or assignee of this
Agreement. By entering into this Agreement, you agree to purchase the Goods
from us, on credit according to the terms of this Agreement. You agree to pay
us the Total of Payments, including the Amount Financed, and any other amounts
you may owe us under this Agreement. If more than one person enters this
Agreement as Buyer, each of you agree to keep all the promises in this Agreement
even if any other Buyer does not. Capitalized terms used but not defined herein
have the meanings given to them in the Quadpay Customer Agreement.
When you use Quadpay Anywhere, Quadpay will purchase the requested Goods from
the Merchant by displaying a temporary virtual card in the App (“Quadpay
Card”). This virtual Quadpay Card provided to you in the App is issued to
Quadpay and is provided to you to facilitate Quadpay’s purchases of goods and
services from the Merchant. The Quadpay Card accesses an account owned by
Quadpay, from which Quadpay pays the Merchant for the Goods. You understand and
acknowledge that by entering this Agreement, you are purchasing the Goods from
Quadpay, and not from the Merchant, and you agree to pay the Purchase Price to
us in 4 equal installments. Your first installment is due on the date of this
Agreement, or if you are paying the first installment by Check, you will need to
mail in your Check 3-5 days prior to making your purchase to ensure that your
account can be credited prior to making a purchase. The three remaining
installments are due according to the payment schedule provided to you in the
disclosures provided to you at the time of purchase (the “Disclosures”).
Returns
Please note the Merchant’s return policy before you purchase Goods using
Quadpay. By purchasing Goods from Quadpay, you agree to be bound by the return
policy of the original Merchant of those Goods. To return Goods, you must
return the Goods to the Merchant on Quadpay’s behalf, but only in accordance
with the Merchant’s return policy. A refund provided by the Merchant to the
Quadpay Card will be treated as a credit toward any amounts you owe us under
this Agreement. If the Merchant does not provide a refund to theQuadpay Card
equal to or greater than the amount you owe us under this Agreement, you will
still be responsible for paying the remaining balance. If the amount of any
refund provided by the Merchant to the Quadpay Card exceeds the amount you owe
under this Agreement, Quadpay will issue you a refund, in the amount of the
difference, to your original payment method. You may not be entitled to a
refund of applicable fees charged by Quadpay under this Agreement.
DELAYS AND CANCELLATION
In some cases when you attempt to use Quadpay to purchase Goods, a transaction
may be held as pending or otherwise delayed for processing and confirmation by
either Quadpay or the Merchant. Quadpay may cancel this Agreement at any time
until it is confirmed by Quadpay. If we cancel this Agreement before the Goods
are shipped to you, and you are not in Default, we will refund you all amounts
you paid us under this Agreement.
PROMISE TO PAY
You agree to pay to us all amounts you owe under this Agreement. You agree to
make payments on each applicable due date (“Payment Due Date”) according to the
payment schedule in the Disclosures. If you fail to pay all amounts you owe us
on each Payment Due Date, the term of this Agreement may be extended, and the
amount of the remaining payments may be adjusted by the amount necessary to
repay the remaining amounts you owe us in full. All payments must be made in
U.S. dollars.
PAYMENT METHODS
CHECK
You may make payments by sending a personal check to 27 W 24th Street Fl 2 New
York NY 10010. You should mail your check 3-5 days prior to your Payment Due
Date in order to ensure your payment is not late. Your payment will be
considered late if we do not receive your payment by the Payment Due Date. If
you elect to make payments by check, we may require you to keep a credit card on
file and authorize Quadpay to charge that payment method for the amount due on
or as of the Payment Due Date, if we do not receive your check by the Payment
Due Date. We will apply a discount of $1.00 for each full regular installment
payment you make to Quadpay by check, except where prohibited by law.
PAYMENT CARD
You may make payments using a Visa or MasterCard debit or credit payment card by
entering your card information on the Quadpay App and authorizing payments to be
made automatically on or before each Payment Due Date.
INTEREST
Quadpay does not charge interest in connection with this Agreement.
APPLICATION OF PAYMENTS
Payments are credited to your account as of the day they are received. We will
apply your payments first to any fees or charges due to us, if any, then to
principal amounts outstanding.
PAYMENT REMINDERS
You will receive regular payment reminders by e-mail and/or SMS (text message),
showing the amount of the next payment that is due under this Agreement and the
Payment Due Date.
SERVICING AND COLLECTION CONTACT
We may try to contact you at any mailing address, email address, or phone number
you give us, as well as by in-App message. You agree that we, our agents, and/or
our service providers may from time to time make calls and/or send text messages
to you at any telephone number associated with your account, including wireless
telephone numbers that could result in charges to you. The manner in which
these calls or text messages are made to you may include the use of
prerecorded/artificial voice messages and/or an automatic telephone dialing
system. You may revoke your consent to certain of these types of communications
at any time by contacting us at support@Quadpay.com.
DEFAULT
You are in default under this Agreement if: (a) you provide false or misleading
information about yourself, your employment or your financial condition, (b) you
fail to make a required payment by the Payment Due Date or if your payment is
returned to us for any reason and you fail to successfully make the required
payment to us by the Payment Due Date, (c) you file for bankruptcy or become a
debtor under applicable bankruptcy laws, or (d) you otherwise fail to comply
with a material provision of this Agreement (each, a “Default”).
CONSEQUENCES OF DEFAULT
If any Default occurs, we may, at our option, require you to immediately pay us
everything you owe us under this Agreement and pursue all legally available
means to collect what you owe us, including designating your account as past due
and placing it in collection. By taking these actions, we do not give up our
right to use another way to collect the money you owe us later. Our delay or
failure to exercise any of our rights under this Agreement or applicable law is
not a waiver of our rights. Any waiver by us of any provision of this Agreement
on any one occasion will not be a waiver on any other occasion. If we permit
you to make payments on a modified payment plan, and, if you fail to make those
payments, we will consider you to be in Default.
COLLECTION
You understand that, in the event we are required to engage an attorney or other
person to collect any amounts due under this Agreement, you will be required to
pay the reasonable fees of such attorney or person, court costs and other
related fees and costs, unless prohibited by applicable law.
PREPAYMENT
You may prepay any installment amounts you owe under this Agreement at any time
without penalty. If you make an early installment payment your prepayment will
be applied to reduce your overall balance but you will still be required to make
your regular installment payments on time until all amounts you owe under this
Agreement are paid in full. If you overpay, or if there is a credit balance on
your account, we will not pay you interest on such amounts. We may reject any
payment if your account has a credit balance as of the day we receive that
payment. Any other credits to your account, such as a partial refund by a
Merchant, are not treated as payments. Such amounts will be credited to your
account and reduce your balance, but may not reduce the amount of your next
required payment or alter your payment schedule.
VERIFICATION AND CREDIT REPORTS
You authorize and instruct us to verify the information you provided us in
connection with this Agreement. You further give us consent to obtain
information about you from a consumer reporting agency or other sources in order
to verify your information, maintain your account and for any other permissible
purpose, prior to entering into and at any time you have repayment obligations
under this Agreement. You authorize all such third party sources to disclose
the information requested by us, our agents or service providers unless
prohibited by applicable law. We may report information about this Agreement and
your performance under this Agreement to consumer reporting agencies in
accordance with applicable legal requirements. Late payments, missed payments,
or other actions you take or fail to take with respect to your Account may be
reflected on your credit report.
YOUR ELECTRONIC SIGNATURE
You acknowledge and agree that when you click “I Agree to the Quadpay Retail
Installment Contract”, you are providing your electronic signature and agreeing
to be bound by this Agreement. By electronically signing, you are agreeing to
all the terms and conditions in this Agreement, and certifying that all
information you have provided is complete and accurate. You agree that your
electronic signature will have the same force and effect, and will bind you to
this Agreement to the same extent as a physical signature would. You also agree
that this Agreement and all related documents are electronic records and that,
as such, they may be transferred, authenticated, stored, and transmitted by
electronic means.
By clicking “I Agree to the Quadpay Retail Installment Contract”, you agree to
all of the terms and conditions set forth in this Agreement. You acknowledge,
represent and warrant that: (a) you have read, understand, and agree to all of
the terms and conditions of this Agreement, (b) this Agreement contains all of
the terms of the agreement between you and us and that no representations or
promises other than those contained in this Agreement have been made, (c) you
are not a debtor under any proceeding in bankruptcy and have no intention to
file a petition for relief under any chapter of the United States Bankruptcy
Code, (d) this Agreement was completed and all blanks were filled in before you
agreed to it, (e) you have received a copy of our privacy policy, (f) you have
read, understood and you agree to the Arbitration Agreement, and (g) you have
the ability to print or retain a completed copy of this Agreement.
DISCLAIMER OF WARRANTIES
We make no warranties, express or implied, on the Goods, and there will be no
implied warranties of merchantability or of fitness for a particular purpose.
ASSIGNMENT
This Agreement may not be assigned by you. We may assign or transfer this
Agreement and our related rights and obligations without notice to you and your
consent is not required if we make such an assignment or transfer.
GOVERNING LAW
This Agreement will be governed by federal law, and to the extent not preempted
by federal law, the laws of the State of New York excluding its choice of law
provisions. This choice of governing law will not change regardless of your or
our change of location.
NOTICES TO BUYER
You are entitled to an exact and completely filled-in copy of the contract you
sign. Keep it to protect your legal rights.
YOU UNDERSTAND THAT YOU HAVE THE ABILITY TO OBTAIN A COMPLETED COPY OF THIS
AGREEMENT ON THE Quadpay MOBILE APPLICATION.
California Residents
The applicant, if married, may apply for a separate account.
Wisconsin Residents
Marital Agreement Notice—No provision of a marital property agreement,
unilateral statement under Sec. 766.59 Wis.Stats., or court decree under Sec.
766.70 Wis.Stats., will adversely affect our rights unless we are furnished a
copy of the agreement, statement or decree, or we have actual knowledge of its
terms, before credit is granted or the account is opened.
OTHER NOTICES
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO THE BUYER: DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT
CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.
UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE. KEEP
THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS.
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