Terms and Conditions of the FuturePay Payment System

FuturePay is an open-end (revolving) credit plan offered by a Sponsor Bank. 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 agree

  • To apply for credit and you authorize the Bank to obtain and review your credit report;
  • You have read the Terms and Conditions of the FuturePay Payment System (this “Agreement”), including the E-sign Consent, Account Agreement, and Privacy Notice;
  • You understand that the Agreement describes the terms and conditions of your revolving line of credit account (the “Account”) available from the Sponsor Bank (“Bank”), a federally chartered savings bank and Member of the Federal Deposit Insurance Corporation (“FDIC”). FuturePay Holdings Inc. (“FuturePay”), is the program manager who performs certain services related to your Account on our behalf.
  • You authorize the Merchant to share your personal information, including email address with the Bank and authorize the Bank to use that information for all lawful purposes in connection with the Account; and
  • You are providing information to the Bank and FuturePay and you consent to the Bank providing information about you to FuturePay (even in the event your application is declined).

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.

IMPORTANT DISCLOSURES

Finance Charges
Annual Percentage Rate The Annual Percentage Rate that applies to your account will be between 0%-36% depending on the Balance of your account on the last day of your Billing Cycle. See the Fixed Finance Charge.
Fixed Finance Charge You will be charged a Fixed Finance Charge on the unpaid Balance on your Account at the end of each Billing Cycle as follows:
  • $0 if your unpaid Balance at the end of the Billing Cycle is less than $50.
  • $1.50 for every $50 in unpaid Balance, or portion thereof, of $50 or more.
Finance Charge for New Purchases We will not charge you a Fixed Finance Charge on new Purchases for the first Billing Cycle after the transaction date.
How to Avoid Paying a Finance Charge Your Billing Cycle ends on the same day each month. We will not charge you a Fixed Finance Charge in a Billing Cycle in which you pay your entire Balance by the end of the Billing Cycle.
For Credit Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for or using credit, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
Fees
Annual Membership Fee: $25
Penalty Fees:
  • Late Payment
  • Returned Payment
Up to $38
Up to $38

 

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, including the Annual Membership Fee and Penalty 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 may use a third-party servicer to verify your identity and obtain information regarding your previous borrowing relationships.

Military Lending Act Disclosure

Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).

The Fees that apply to your Account are described in the disclosures above. The military annual percentage rate (MAPR) that applies to your Account is between 0% and 36%, depending on the Balance of your Account on the last day of each Billing Cycle. If you would like to listen to this and other applicable disclosures, please call 1-855-984-1129.

State Specific 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: FuturePay 1-855-984-1129. 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 1-877-226-5697 or www.dfs.ny.gov.


WI Residents

  • No provision of a marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 adversely affects the interest of 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: 406 W South Jordan ParkwaySuite 250South Jordan, Utah 84095 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. 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 as required by law. The Bank can provide these disclosures to you electronically if you consent. As FuturePay is an online based company, if you do not wish to receive disclosures electronically, we are not the best option for you to complete your purchase.

Disclosure and Consent Regarding

Electronic Signatures and Communications

  1. Defined Terms. As used herein, the following terms have the meanings specified below.

    1. “Communications” means any notices, disclosures (including those required by law), account statements, agreements, fee schedules, tax returns, records, documents, or other information provided to you by us or on our behalf.

    2. “Consent”“ means this Disclosure and Consent Regarding Electronic Signatures and Communications.

    3. “Current Version” means the version of the software that is currently being supported by its publisher.

    4. ”E-SIGN Act” means the Electronic Signatures in Global and National Commerce Act.

    5. References to “we” or “us” or “our” herein refers to the Sponsor Bank or our affiliates, successors, or assignees, as applicable. References to “you” or “your” herein refer to the individual signing below.

  2. Methods of Communication:

    Send us an e-mail at: support@futurepay.com
    Call us toll free at 1-855-984-1129 for questions about your account
    or write to us at:

    406 W South Jordan Parkway.
    Suite 250
    South Jordan, Uta 84095

  3. Consent to Electronic Communications and Signatures.

    1. Information Provided. This Consent provides you with important information relating to (a) your consent to electronic delivery of Communications and (b) your consent to the electronic signature of any documents related to products or services provided by us to you or otherwise concerning our relationship.

    2. Consent is Optional. You have a right to receive certain Communications on paper and you are not required to consent to receiving those Communications electronically instead. You are not required to consent to the electronic signature of documents.

    3. Scope of consent.

      1. By acknowledging below, you agree that any Communications we provide to you may be in electronic form, and that all Communications in electronic format provided by us to you will be considered “in writing”. Your Consent applies only to your electronic receipt of Disclosures and legal documents in connection with the origination, closing and servicing of the Loan.

      2. By acknowledging below, you agree to the use of electronic signatures as part of any transactions between you and us and our relationship with you.

      3. You agree that we do not need to provide you with an additional paper (non-electronic) copy of the Communications unless specifically requested by you as described below. This Consent does not require us to deliver Communications electronically. We reserve the right, in our sole discretion, (1) to discontinue the provision of Communications electronically and (2) to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

    4. Method of delivery. We may provide electronic Communications to you in at least one of the following methods:

      1. via e-mail at the e-mail address you provided to us;

      2. by access to a designated area of our website (including without limitation, www.futurepay.com);

      3. during your use of our systems or software applications (including, without limitation, via a screen or page within any account you maintain with us, or via a link to a web page containing Communications);

      4. mobile applications;

      5. messaging services (including without limitation text messages); provided you have not elected to opt out per section 26 (f) or

      6. during your use of DocuSign (or similar vendor providing electronic signature services).

      You should print or download for your records a copy of any Communications that are important to you.

    5. Hardware and software requirements. To access Communications, you must have the following:

      1. a working phone and phone number;

      2. 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.

      3. a computer with an internet connection;

      4. an active e-mail account and related software for accessing the email account;

      5. a Current Version of a program that accurately reads and displays PDF files; and

      6. a device with an operating system capable of supporting items 3.5(B)-(E).

      In addition, you will need a printer if you wish to print and retain paper records or electronic storage if you wish to retain records in electronic form.

      If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add customercare@futurepay.com to your email address book.

      If we change these hardware or software requirements, and that change creates a material risk that you would not be able to access or retain your electronic Communications, we will notify you of the revised hardware or software requirements, but you will continue to receive electronic Communications until you withdraw your consent. If, subsequent to any such change, you wish to withdraw your consent to receive electronic Communications, you must follow the procedure in Section 3.7 below.

    6. Obtaining paper copies. You have the right to receive a paper copy of Communications. You may request a paper copy of Communications by contacting us at one of the contact methods referenced above. We must receive your request within a reasonable time after we first provided the Communication to you. No fees shall be charged in connection with your request for a paper copy of Communications.

    7. Withdrawing Consent, Updating Information, and Result of Any Withdrawal.

      1. Withdrawing Consent or Updating Information. If (i) you want to withdraw your consent to receive Communications electronically or (ii) your e-mail address changes, you must immediately notify us at one of the contact methods referenced above. Any Communications sent to your e-mail address on record with us will be deemed to have been delivered or made available to you in electronic form until you notify us of any change. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form or signed electronically by you or us will not be affected.

      2. Result of Withdrawing Consent. If you choose to withdraw your consent to receive Communications electronically, then you may be unable to access certain features or functionality of products or services offered by us, such as the ability to receive e-statements or access to our Online System. You acknowledge that some notices may be “one-time” notices for which your consent may not practically be withdrawn after receiving the initial electronic notice. There shall be no fees charged for the withdrawal of your consent to receive Communications in electronic form.

  4. Confidentiality/Limitation of Liability. You understand that the Communications may be confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically or for any damages, including direct, indirect, special, incidental or consequential damages, caused by unauthorized access. If you have any questions about these disclosures, you may contact us by using any one of the contact methods referenced above.

    Your acceptance of these terms confirms that:

    • You have reviewed and understood this Consent

    • You have the hardware and software described above

    • You are able to review and receive electronic Communications

    • You want to receive electronic versions of Communications

    • You want to enter into transactions via electronic signatures

    • You have understood and voluntarily agreed to the terms and conditions presented in this Consent

  5. FUTUREPAY ACCOUNT AGREEMENT

    This Agreement sets forth the terms and conditions of the FuturePay Account (“Account”) and the extensions of credit issued by the Sponsor Bank (the “Bank”). Please read this Agreement and keep a copy.

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 Holdings Inc.
406 W South Jordan Parkway Suite 250
South Jordan, Utah 84095
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:

  • 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:

  1. 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.

  2. 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 MADE 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:

  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 Holdings Inc.
406 W South Jordan Parkway Suite 250
South Jordan, Utah 84095

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.

FACTS WHAT DOES FUTUREPAY DO WITH YOUR PERSONAL INFORMATION IN CONNECTION WITH YOUR FUTUREPAY ACCOUNT?
   
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
   
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Social Security number and income

  • Account balances and payment history

  • Credit history and credit scores

When you are no longer our customer, we continue to share your information as described in this notice.
   
How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons FuturePay chooses to share; and whether you can limit this sharing.

 

Reasons we can share your personal information Does FuturePay share? Can you limit this sharing?
For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes – to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates‘ everyday business purposes – information about your transactions and experiences No We don’t share
For our affiliates‘ everyday business purposes – information about your creditworthiness No We don’t share
For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
Questions? Call: 1-855-984-1129; Email: support@futurepay.com or go to www.futurepay.com

 

Who we are
Who is providing this notice? FuturePay, Inc. is providing this notice and it applies to all FuturePay accounts.

 

What we do
How does FuturePay protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also limit access to information to those employees for whom access is appropriate.
How does FuturePay collect my personal information? We collect your personal information, for example, when you:
  1. Apply for a loan or open an account

  2. Pay your account information or pay your bills

  3. Give us your contact information

  4. Use your FuturePay account

We also collect your personal information from others such as credit bureaus, affiliates, and other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only:
  1. sharing for affiliates’ everyday business purposes – information about your creditworthiness

  2. affiliates from using your information to market to you

  3. sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more information on your rights under state law.

 

Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Joint Marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

 

Other Important Information

For California Residents. We will not share personal information with affiliates or nonaffiliates except as permitted by California law, such as to process your transaction or with your consent.

For Vermont Residents. We will not share personal information with affiliates or nonaffiliates except as permitted by Vermont law, such as to process your transaction or with your consent.