MASTER AGREEMENT
The purpose of the AmeriCash Advance Master Cash Advance Agreement is to make you, our customer, fully aware and informed of all terms and conditions of our policies, as well as all federal and State of Delaware regulations as required by law.
We value the opportunity to serve your needs and want you to be completely satisfied and comfortable in all transactions with AmeriCash Advance.
FEDERAL DISCLOSURE REQUIREMENTS
Regulation B in Federal Law prohibits the consideration of Age, Sex, Race, Ethnicity, Gender, National Origin, or Handicap as a basis for making anyone a loan (as in our cash advance Program).� AmeriCash Advance, through its website does not discriminate based on any of these factors.� In addition AmeriCash Advance will not enter into or maintain vendor/reciprocal information service type relationships with anyone who does not conform to these anti-discriminatory practices.
Regulation Z in Federal Law requires the full disclosure of all costs and terms associated with any credit purchase or transaction (such as this cash advance) and further requires that the costs associated with the transaction be expressed as an annual percentage rate of interest or A.P.R. Below all costs, terms and rates associated with the AmeriCash Advance cash advance program are given.
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Federal Truth in Lending Act (T.I.L.A.)
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AmeriCash
Advance Terms and Conditions
Cash Advance Amount
(Amount Financed)1
Cash Advance Fee
(Finance Charge)2
Total of Advance Transactions (Total of Payments)3
Term of
Cash
Advance4
Annual Percentage Rate�
(A.P.R.)5
$100.00
$25.00
$125.00
Due on your nearest payday (maximum of 15 days)
�
$200.00
$50.00
�
$250.00
Due on your nearest payday (maximum of 15 days)
$300.00
$75.00
$375.00
Due on your nearest payday�
(maximum of 15 days)
$400.00
� $100.00
$500.00
Due on your nearest payday�
(maximum of 15 days)
$500.00
� $125.00
$625.00
Due on your nearest payday�
(maximum of 15 days)
���� 1)� Cash Advance Amount�- This is the Amount Financed- The amount of cash advance provided to you.
���� 2)� Cash Advance Fee�- This is the Finance Charge � The dollar amount the cash advance will cost you.�
���� 3)� Total of Advance Transaction � The amount you will have to pay after you� have made payment as scheduled.
���� 4)� Term � This is when the cash advance total payment is due.
���� 5)� Annual Percentage Rate -The cost of your advance as a yearly rate.
Extension of Payment Requirements
AmeriCash Advance will allow you to extend the original cash advance under the following terms. Four (4) extensions are allowed.� After that, an additional amount equal to the extension fee will be automatically debited and applied toward the balance with each extension request until the balance is paid in full.
All extension of payment requests, must be submitted online and must be received BY 11 AM (EST) the business day prior to your original due date to be processed.� We cannot accept extension requests by email.
Electronic Funds Transfer (EFT) Agreement and Disclosure
This authorization is for those single or multiple entries necessary to complete the original entries' authorization amount and may be resubmitted if the original entry is returned by the customer�s financial institution.� In the event the EFT is returned unpaid, an additional $25.00 Return Fee or maximum legal amount may be electronically withdrawn.�
It is the policy of AmeriCash Advance to expedite all debits and credits as soon as possible upon approval; however, unavoidable delays can result with the processing company as a result of inadvertent processing errors, �acts of God�, etc. Normal processing time should not exceed two (2) business days under most circumstances but may exceed that in extraordinary circumstances.
Pre-Authorized Electronic Funds Transfer Payments
With this EFT Agreement, which is part of the Master Cash Advance Agreement, the customer authorizes AmeriCash Advance , to initiate debit/credit entries to the customer's account for all payments due, including any returned unpaid item fees due, on which the subject of this agreement is drawn and the Financial Institution in which the account is held to debit/credit the same to such account.� This authority is to remain in full force and effect until AmeriCash Advance and the subject Financial Institution have received written notification from the customer of its termination� in such time and in such manner as to afford AmeriCash Advance and the Financial Institution a reasonable opportunity to act on it. You (as the customer) understand that you may cancel this authorization by providing written notice to AmeriCash Advance at least five (5) business days prior to the payment due date. You understand that canceling your authorization does not relieve you of the responsibility of paying your account in full.
Further, by submitting the application form, the customer authorizes AmeriCash Advance and the customer�s current verified financial institution (even if the financial institution and/or account numbers are different than those on the original application) to initiate debit (ACH or bank draft) and credit entries as necessary when an original ACH/ EFT transaction is returned unpaid or unable to complete.�The customer authorizes AmeriCash Advance and/or assigned collection company to submit ACH/ EFT and/or bank draft debits for partial payments of cash advances and fees (such partial payments shall be credited first to fees payable, then to cash advance principal payable); as necessary to allow full repayment of the cash advance and any/all associated fees to be completed. The customer authorizes AmeriCash Advance (and its EFT Processor) to make electronic funds transfers (EFT), both debit and credit entries, to and from any bank account of the customers at any institution, from time to time, for fixed and variable amounts, including recurring transactions and point-of-sale transactions, according to the terms of the customer�s agreement with AmeriCash Advance.� The customer understands and agrees that� AmeriCash Advance does not need to notify the customer prior to any recurring debit entry for a fixed amount, or prior to any point-of-sale debit entry initiated by the customer, or prior to any credit item.
YOUR
PROMISE TO PAY�
�
You promise to pay us the Amount Financed, the Finance Charge and other
permitted charges according to the Federal Truth-In-Lending Disclosures. You
acknowledge and agree that you are indebted to us in the amount of the Total of
Payments, and that the amounts set forth in the Federal Truth-In-Lending
Disclosures are not in dispute.
You have made promise to pay us or to our order, (per your electronic signature
on original advance application of Master Agreement) in one payment on the date
indicated in the payment schedule, or if extended payment request was submitted
and processed, the total of payments on or after the next date your cash advance
comes due. You authorize us to effect this payment by one or more ACH/EFT debits
and or demand bank draft debit entries to your account of your financial
institution (bank or credit union) until this cash advance comes due. You
authorize us to effect this payment by one or more ACH/EFT debits and or demand
bank draft debit entries to your account of your (bank or credit union)
financial institution until this cash advance note is paid in full. You have
confirmed that you are not in bankruptcy proceedings, nor do you contemplate or
plan on filing bankruptcy in the future.
You
promise to keep open and maintain an adequate balance in your account to assure
all payments are made to us in a timely manner on the scheduled due date(s),
until this cash advance note is paid in full . I agree and confirm this online
cash advance transaction is due in full on my next nearest pay date, unless
an extension of payment request is
submitted and accepted
by AmeriCash Advance LLC.� An extension of payment fee will be debited
on the original due date, and then the original advance amount plus original fee
will become due in full on my next scheduled pay date.� You agree that
by submitting completed/ signed AmeriCashAdvance.com internet request forms as a
matter of convenience, hereby constitutes the same legal and binding document as
providing AmeriCash Advance LLC with your personal post dated check, in the
amount of the cash advance plus associated fees, for the scheduled and
authorized repayment of the cash advance amount that, upon approval, will be
credited by ACH/EFT to your financial institution account.
If
AmeriCash Advance is unable to collect payment from your provided account for
any reason to effect debit entries as agreed, you promise to pay us all sums you
owe immediately, by making payment in full by using Western Union Quick Collect
process. If in default, you authorize AmeriCash Advance
and/or their designated collection agency to continue initiating ACH / EFT or
bank draft debit entries of your financial institution account for full and/or
partial payments of cash advance and associated costs as necessary until all
total amounts owed are paid in full.
I
agree, to the extent permitted by law, that I will not bring, join, or
participate in any class action or multi-plaintiff action as to any claim,
dispute, or controversy I may have against AmeriCash Advance LLC. I agree to the
entry of injunctive relief to stop such a lawsuit or to remove myself as a
participant in the suit. This agreement does not constitute a waiver of any of
my rights and remedies
to pursue a claim individually.
Arbitration: Both
parties agree that any claim, dispute, or controversy between us, any claim by
either party against the other or the agents, services, or assigns of the other,
including the validity of this agreement to arbitrate disputes as well as claims
alleging fraud or misrepresentation shall be resolved by binding arbitration by
and under the Code of Procedures of the National Arbitration Forum (NAF)�
at the time the claim is filed. Rules and form of the NAF may be obtained and
all claims shall be filed at any NAF office on the World Wide Web at www.arbforum.com
or at P.O. Box 50131, Minneapolis, MN 55405. Any arbitration hearing, if one is
held, will take place at a location near your residence. Your arbitration fees
will be waived by the NAF in the event you cannot afford to pay them. This
arbitration agreement is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration Act 9. USC Section
1-18. Judgment upon the award may be entered by any party in court having
jurisdiction.� Notice: Both parties have had the right or opportunity to
litigate disputes through a court but we have agreed instead to resolve disputes
through binding arbitration.
RETURN
OF PAYMENT POLICY
If the customer's pre-authorized payment is returned to AmeriCash Advance as
uncollected due to ACCOUNT CLOSED or UNAUTHORIZED / STOPPED PAYMENT, and payment
in full is not obtained by Western Union Quick Collect process,� the
customer's account will AUTOMATICALLY be forwarded to our collection department
and collection procedures will begin immediately. The customers defaulted
account will be transferred to the National Arbitration Forum and a claim
for judgment will be filed against the customer in default. Upon award of claim,
which is final and binding, the customer in default, will be responsible
for all additional costs associated with obtaining payment in full ( National
Arbitration Forum fees, collection fees, court and attorney fees). In addition,
the customer in default will be reported to TeleTrack,
TeleCheck, and SCAN.
If the customer's pre-authorized payment is
returned to AmeriCash Advance as uncollected due to NSF (non-sufficient
/uncollected funds), the customer agrees to have payment automatically
rescheduled for a repayment date (generally the following pay date) to include
fees associated with the return, fees associated with the extension of payment,
and the original advance plus fee, presented in a manner as to bring the
customer�s account current. AmeriCash Advance LLC will reschedule payments by
ACH/EFT with subsequent additional fees incurred each time for the continued use
of the original advance amount, together with previous returned payment fees a
maximum of two (2) additional times in attempt to bring account current and not
delinquent. If AmeriCash Advance LLC is still unsuccessful in obtaining payment,
and customer in default has not made payment by Western Union Quick Collect
process, AmeriCash Advance LLC will file a claim for judgment against customer
in default with the National Arbitration Forum for all monies, fees, and costs
associated with obtaining payment in full.� Upon award of judgment against
customer in default which is final and binding, the judgment award will be filed
in the civil court in the jurisdiction of defaulted customer's county of
residence for payment of awarded judgment. The customer in default will be
responsible for all additional costs associated with obtaining payment in full
(National Arbitration Forum fees, collection fees, court and attorney fees,
etc.)
ADDITIONAL
TERMS AND CONDITIONS OF THIS AGREEMENT
Prepayment:
You may prepay your obligation under this Agreement in full at any time
without penalty.
Method of Payment: Your electronic authorization in the amount of the Total
of Payments stated in the Federal� Truth-In-Lending Disclosures and dated
as of the date indicated in the Payment Schedule stated in the Federal
Truth-in-lending Disclosures (the "Payment Date") will be held by us
until the Payment Date as security for this advance. You agree that we may debit
your account for the Payment if you have not paid us in cash or by cashier's
check, money order, or other immediately
available funds the amount of Total Payments before noon (EST) on the Payment
Date. If payment is made prior to the EFT/ACH payment date, we will cancel the
electronic authorization at the time we receive payment.
Returned Payments: In the event your electronic payment of any amount due
under this agreement, and upon presentment to the named Drawee, is returned due
to insufficient funds or credit, stopped payment, or closed account, or any
other reason, we shall assess a $25 returned fee.
Documentation: I agree that electronic mail, electronic forms, records,
photocopies, and /or facsimile copies of the documents I submit are valid and
enforceable as the original.� I agree that by typing my name as my
electronic signature, it is acknowledged and understood that it constitutes an
acceptance of all terms and conditions of the master cash advance agreement and
is valid and enforceable.
Prepayment: You may prepay all or any part of the amount due under this
Agreement at any time without penalty. If the advance is prepaid before the
final installment date, you shall receive a rebate of the unearned Finance
Charge. The unearned portion shall be calculated on a pro-rata basis using a
percentage derived by dividing the number of days from payment until maturity by
the total number of days of the original loan term. NO rebate less than $5.00 is
required.
By signing and submitting the application form, I understand and agree to all terms and conditions of this Master Agreement and by submitting the online information application by Internet, I am applying for a cash advance and certify that information provided by me is true and correct under penalty of perjury. I agree that upon submission of my electronic signature, I am not presently involved in, nor contemplating bankruptcy now or in the future. I authorize you to verify the information in this application and hereby give AmeriCash Advance consent to obtain information on me from a consumer reporting agency or other various means available. I understand AmeriCash Advance reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, I understand verification of the information I have provided is necessary, including, but not limited to, proof of residence, employment and bank account verification. I accept personal responsibility for safeguarding any PIN or� CUSTOMER NUMBER that might be assigned to me.
These transactions shall take place in the State of Delaware and Delaware Law shall govern all aspects thereof except as federal laws may apply.
�(Be sure you fully understand the AmeriCash Advance program and procedures before signing and submitting forms as acceptance.� If you are unsure, please take time to review or contact a customer service representative to answer any questions you may have.)
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DELAWARE
Licensed Lenders Regulations
Itemized Schedule of Charges
�(5 Del. C.
The Delaware State Licensed Lenders Regulations and Itemized Schedule of Charges are available electronically on the website of AmeriCash Advance. (to review click on "Delaware" above.)
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