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 signed this Agreement electronically. The words “QuadPay”, “Seller”, “we”, “us” and “our” mean QuadPay, Inc., the seller of the Goods, and any subsequent holder or assignee of this Agreement. By signing this Agreement, you choose to purchase and pay for the Goods from Buyer, identified above, 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 signs this Agreement as Buyer, each of you agree to keep all the promises in this Agreement even if another Buyer does not.
Using QuadPay enables you to buy Goods offered by merchants (“Merchant(s)”) with a series of payments over time. When you use QuadPay to purchase Goods, we purchase the Goods from the Merchant and we pay the Merchant in exchange for the Goods. QuadPay becomes the owner of all rights and title to the Goods. Subsequently, you purchase the Goods from QuadPay and agree to make payments in four equal installments for the price of the Goods and applicable fees in accordance with this Agreement and any other terms and conditions to which you agree. You understand and acknowledge that by signing this Agreement, you are purchasing the Goods from QuadPay, and not from the Merchant. Your first installment is due on the date of this Agreement, or if you are paying for first installment by Check mail in your Check 3-5 days prior to making your purchase so your account can be credited. The three remaining installments are due according to the payment schedule in the Cost Disclosures above.
This service offers participating Merchants’ customers the opportunity to pay the purchase price of the Goods (plus any applicable taxes, shipping and other fees) over time in four equal installments. To use Buy with QuadPay, you must select this payment option at the Merchant’s point of sale. By confirming your transaction at the Merchant’s point of sale, you agree to the terms of this Agreement.
QuadPay Anywhere. Downloading the QuadPay mobile application (“App”) and qualifying for QuadPay Anywhere allows you to purchase Goods offered by Merchants who accept credit cards at a brick and mortar point of sale and on websites that do not offer Buy with QuadPay. 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 will pay for the Goods. You must use the App on your device at the point of sale to display the QuadPay Card to the Merchant, or enter the number on the QuadPay Card on the website, to tender the QuadPay Card on our behalf to complete QuadPay’s purchase of the Goods from the Merchant. Subsequently, we sell the Goods to you and permit you to make payments on the Goods over time, pursuant to this Agreement. By transacting with the QuadPay Card, you agree that (i) you are using the QuadPay Card to purchase goods on behalf of QuadPay, (ii) you are not using the QuadPay Card to pay purchases for personal, family, or household purposes, (iii) that QuadPay owns all rights and title to the goods and services purchased with the QuadPay Card, and (iv) that you are entering into this separate Retail Installment Contact to purchase such goods and services from QuadPay. You may not use or permit the QuadPay Card to be used to make any illegal or unauthorized transaction. Any unauthorized use of the QuadPay Card will be considered theft and/or fraud, and will be declined and QuadPay may pursue any legal remedies to which QuadPay may be entitled.
By purchasing Goods with QuadPay, you agree to be bound by the Merchant’s return policy. To return Goods, you must return the Goods to the Merchant on QuadPay’s behalf. A refund provided by the Merchant to QuadPay’s original payment method will be treated as a credit toward the amounts you owe us under this Agreement. If the Merchant does not provide a full refund on QuadPay’s original payment method, equal to or greater than the amount you owe us under this Agreement, you will still be responsible for paying the difference. Please note the Merchant’s return policy before you purchase Goods using QuadPay. If the amount of the refund provided by the Merchant to QuadPay’s Visa 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.
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.
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 Cost 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.
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.
You may make payments using a Visa or MasterCard 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. If you are using Buy with QuadPay, you may be permitted or required to enter your card information and authorize such payments to QuadPay at the Merchant’s point of sale. There is a discount of $1.00 for each payment you make to QuadPay by check rather than with a Visa or MasterCard payment card (or $4.00 if you make a payment for the full price immediately by check rather than with a Visa or MasterCard payment card), except where prohibited by law.
QuadPay does not charge interest.
A late charge of $7.00 will be assessed for each installment that is not paid on the due date. A further $7.00 will be assessed 7 days later if payment is not still received for an overdue installment. A maximum late fee of $28 may be assessed for a transaction.
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.
You will receive a payment reminder by e-mail or SMS (text message) each month, showing the amount of the next payment that is due under this Agreement and the Payment Due Date.
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 such communications at any time by contacting us at [email protected]
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”).
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.
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.
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 your balance but will not affect your obligation to make any subsequent payments. You will still be required to make your regular instalment 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.
By signing this Agreement, you authorize and instruct us to verify the information you provided us in connection with this Agreement. You 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, 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 things you do may be reflected on your credit report.
You acknowledge and agree that when you click “I Agree to the QuadPay Retail Installment Contract”, you are providing your electronic signature on 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.
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.
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.
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. Any dispute related to this Agreement will be subject to the ARBITRATION AGREEMENT below, which is governed by the Federal Arbitration Act.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
AGREEMENT TO ARBITRATE
This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Goods, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into the Agreement, you and us are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
PRE-ARBITRATION DISPUTE RESOLUTION
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to 27 W 24th Street Fl 2 New York NY 10010 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and we do not resolve the claim within sixty (60) calendar days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court could award. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless you and we agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, we will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) before the termination of this Agreement, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to the Agreements).
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.
The applicant, if married, may apply for a separate account.
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.
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.