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Terms and Conditions of the 123Bill(r) Payment System

123Bill(r) is an closed credit plan offered through 123Bill, Inc. "123Bill". By completing this purchase you agree that you have read the Terms and Conditions; you authorize 123Bill, Inc. to review your credit report and you understand that this account is subject to late fees and is governed by Michigan and Federal law.

The Terms and Conditions of 123Bill(r) include the following:
  • * E-Sign Consent
  • * Important Disclosures
  • * Account Agreement
  • * Privacy Notice
123Bill(r) E-Sign Consent
Consumer Consent to receive disclosures and other information electronically.
IMPORTANT NOTICE. In order to complete this transaction online, the Lender must provide the consumer with certain disclosures required by law. The Lender can provide these disclosures to the consumer online only if the consumer consents. The consumer should choose another payment option if the consumer does not consent.

1. DEFINITIONS. In this 123Bill E-Sign Consent, the following definitions apply:
"I", "me" and "Borrower" mean the person who is asking to use 123Bill to make a purchase. "You" and "Lender" mean 123Bill, Inc. and any person, company or bank to whom the rights of the Lender have been assigned.
"123Bill Payment System" is your payment system, which allows me to pay for purchases from participating Merchants by charging the costs to my 123Bill Account. It may be called simply "123Bill" or "123BILL.COM".

2. IMPORTANT NOTICE. In order to complete this transaction online, you must provide me with certain disclosures required by law. You can provide these disclosures to me online only if I consent. If I do not consent, I will choose another payment option.

3. CONSUMER CONSENT. By checking the "I agree to have the Terms and Conditions presented electronically", which I hereby adopt as my electronic signature, I consent and agree that: * You can provide disclosures required by law and other information about my legal rights and duties to me electronically.
* My electronic signature on agreements and documents has the same effect as if I signed them in ink.
* You can send important communications and disclosures to me electronically to the email address that I have provided to the Merchant in this transaction or to another email address that I provide to you for that purpose.
* This consent applies to this transaction, to all future transactions in which I use the 123Bill Payment System or with you, at any time, and to other disclosures that you provide to me by email, unless I have, prior to such transaction, withdrawn my consent by the procedure mentioned below. The disclosures and information I will receive in this online session are:

  • This 123Bill E-Sign Consent
  • 123Bill Important Disclosures
  • 123Bill Account Agreement
  • Privacy Notice
4. WHAT I WILL NEED. I understand that in order to access and retain the electronic disclosures I will need an email client such as Netscape or Microsoft Outlook. By consenting, I acknowledge that I am able to access the electronic disclosures online.

5. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. I understand that I may request paper copies of the disclosures and other information at any time, and that you will provide them to me by mail at no charge. I understand that I may withdraw my consent to receive electronic disclosures at any time after this transaction is completed. In order to request paper copies and/or to withdraw consent, I will contact you at:
123Bill, Inc.
24768 Lahser Road, Suite 200, Southfield, MI 48034

123Bill(r) Important Disclosures

Annual Percentage Rate Not applicable
Grace Period for Standard and Promotional Purchases 25 days from the date of purchase, if the New Balance is paid in full by the Payment Due Date
Late Fees Late fees may be assessed if the purchase is not paid in full within 25 days from the time of purchase as per the late fee schedule.
Interest None
Annual Fees None
Membership Fee None

Fee for paying late If the balance is:
$0.00 to $9.90
$9.91 to $19.90
$19.91 to $29.90
$29.91 to $39.90
$39.91 to $49.90
$49.91 to $99.90
$99.91 to $149.90
over $149.91
The late fee is:

There is a returned check fee of $35.

Should your account be required to be turned over to a collections agency, there will be an additional $20 fee assessed to your balance for such action.
THIS IS NOT A REVOLVING CREDIT LINE. EACH PURCHASE WILL BE TREATED AS AN INDIVIDUAL TRANSACTION. 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. As required by California law, a married applicant may apply for a separate account. As required by Utah law, Borrower is hereby notified that a negative credit report reflecting on Borrower's credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of the credit obligation.

Lender may obtain a report from a consumer credit reporting agency in connection with this application and/or for any updates, renewals, extensions of credit on this Account or collection of any loan made as a result of the application. If Applicant(s) requests to be informed whether or not a consumer credit report was obtained, Lender will provide that information, including the name and address of each consumer reporting agency from which a consumer credit report was obtained.


123Bill(r) Account Agreement

This Agreement sets forth the terms and conditions of the 123Bill Credit Account (the "Account") offered through 123Bill, Inc., Michigan, U.S.A. Please read this Agreement and keep a copy.

1. DEFINITIONS. In this 123Bill Account Agreement, the following definitions apply:
"Agreement" means the 123Bill Important Disclosures, Account Agreement, and any amendment or addendum to this Agreement.
"123Bill Payment System" is the payment system which allows me to pay for purchases from participating Merchants by charging the Costs to my Account. In this Agreement it may be called simply "123Bill." "Purchases" are loans made on the Account to the Borrower, when the Borrower chooses the 123Bill payment option to pay for a purchase from a Merchant.
a. Parties to this Agreement.
"I", "me" and "Borrower" mean the person who applied for this Account and agrees to this Agreement. "You" and "Lender" mean 123Bill, Michigan, U.S.A., and any person, company or bank to whom the rights of the Lender have been assigned.
b. Other Parties.
"123Bill, Inc." (and "123Bill," which is a service mark of 123Bill, Inc.) means 123Bill, Inc., located in Southfield, Michigan. 123Bill, Inc. developed 123Bill and provides services for the Lender, such as processing transactions, keeping records, sending billing statements and providing customer service. 123Bill, Inc. may also become the company to which you owe the amount due on the Account.
"Merchant" means a merchant participating in and authorized to offer the 123Bill payment option.
c. Parts of the Account.
(i) Revolving Parts.
"Standard Purchases" are subject to the standard repayment.
"Promotional Purchases" may be subject to special, promotional repayment terms and/or Annual Percentage Rate for all or part of the time they are unpaid. Promotional Purchases are subject to the standard repayment terms and rate, except to the extent that the promotional offer states different terms. Some Promotional Purchases may be subject to a Deferred Payment option, such as "90 days same as cash."
(ii) Installment Parts.
"Installment Purchases" are loans from the installment part of the account, which will be repaid in monthly installments called "Monthly Plan Payments."
"Interest-free Installment Purchases" will not be subject to Finance Charge imposed by the Lender, if Borrower pays the balance in full by the End Date.
"Financed Installment Purchases" will be subject to a Finance Charge imposed by the Lender.
d. Other Definitions used in this Agreement.
"Billing Cycle" means the time between the dates on which you prepare billing statements, or would have prepared them if statements were required under the paragraph of this Agreement called "Billing Statements."
"Closed-end Loan" means a closed-end loan from the Lender to the Borrower, the proceeds of which are paid to a Merchant to pay the Cost of Borrower's purchase from the Merchant, using 123Bill, at a time when the Borrower does not have an active Account.
"Cost" means the price of any item I purchase from a Merchant using 123Bill, plus any fee or charge I agree to pay the Merchant, including Finance Charges, the cost of shipping and taxes, less any applicable discount or credit offered by the Merchant.
"End Date" is the Payment Due Date of the final Monthly Plan Payment on an Installment Purchase. "Expiration Date" is the date a Deferred Payment option on a Promotional Purchase ends.
"Grace Period" means the time during which you will not charge a Finance Charge or any fees on Standard and Promotional Purchases. The Grace Period does not apply to a Promotional Purchase subject to a Deferred Payment option.
"Payment Due Date" means the date which will appear each month as the "Payment Due Date" on the billing statement. The Payment Due Date will be 25 days after the date of purchase for each individual transaction.
"Termination" means that I will no longer be able to obtain loans or any extension of credit on this Account. Termination affects the Account permanently, at the sole discretion of the lender.

2. GENERAL DESCRIPTION OF THE ACCOUNT. This is a closed credit account. I will request a loan on this Account by choosing the 123Bill payment option when I make a purchase from a Merchant at a web site, by telephone, or at another authorized location. Purchases will be billed individually, unless they are subject to special terms for Promotional or Installment Purchases. The Rates of Finance Charge and/or Late Fees may be different for different parts of the Account. You may make changes in this Agreement as explained in the paragraph called "Amendment of this Agreement."

3. HOW I AGREE TO THIS AGREEMENT. I agree to this Agreement and I make the promises it contains by doing either of the following:
a. Requesting an Account. I may request an Account in any of the ways you may provide.
b. Using 123Bill after I receive this Agreement. If I obtain a Closed-end Loan from you, you may send me information about 123Bill, including this Agreement. By using 123Bill after I receive this Agreement, I agree to this Agreement.

a. Standard and Promotional Purchases. I can obtain loans on this Account by choosing the 123Bill option when I make a purchase from a Merchant at a web site, by telephone, or at another authorized location. You will make a loan to me, in the amount of the Cost of the purchase, by paying the Merchant on my behalf. You will make loans subject to the Standard Purchase terms, unless special Promotional terms are in effect at the time of the loan or are offered by the Merchant.
b. Installment Purchase. Some Merchants may offer me the opportunity to make Installment Purchases. The Merchant may offer this as the only method I can use to make a purchase, or as an option to the Standard Purchase method. If I make an Installment Purchase, the Merchant will inform me if it is a Financed Installment Purchase and of the payment amount and terms, before I agree to the purchase. c. Other Agreements about Obtaining Loans.
(i) No Pre-Established Credit Line. There is no pre-established credit line for this Account, but I understand that you may evaluate each request for a loan at the time I make the request. You have the option to refuse my request for any loan, but you will notify me of the reasons for any refusal. While there is no pre-established credit line, as this is not a revolving charge account, we do reserve the right to set purchase limits and schedule various levels of account status for purchases.
(ii) You may charge my Account for Purchases. I authorize you to charge this Account for the Cost of any purchase I, or anyone to whom I have given permission to use this Account, make from a Merchant using 123Bill. I understand that the amount that you actually pay to the Merchant may be less than the Cost, because the Merchant may agree that you may retain a portion of the Cost in order to participate in 123Bill.
(iii) You may charge my Account for Late Fees and Other Charges. I authorize you to charge this Account for Late Fees, any Other Charges, costs of collection, and amounts that I agree in this Agreement to pay.

5. MY PERSONAL INFORMATION. Each time I choose 123Bill, I authorize the Merchant to share my personal information with you to the extent necessary for you to make a credit decision and complete the transaction, including paying the Merchant on my behalf, opening my Account, charging my Account for the Costs of the purchase, sending me a billing statement, and for all other lawful purposes in connection with this Account.

6. PROMISE TO PAY. I promise to pay to you the balance on this Account, including all purchases, loans and other amounts I have authorized you to charge to this Account. I promise to pay these amounts as agreed in this Agreement, including my promise to pay for each purchase in full on or before the Payment Due Date.

a. To pay for all purchases made by me and by someone I authorized to use this Account. You (and any person who may decide whether I am liable for amounts charged to this Account) may presume that I have authorized any purchase made in my name using this Account, if the purchase is delivered in my name to my address, unless I return the purchase to the Merchant within a reasonable period of time. I will not be responsible for any unauthorized purchases using this Account.
b. To give you personal financial information about me that you may reasonably request, from time to time.
c. To pay all costs of collection if you take any action to collect this Account or take any action in a bankruptcy proceeding filed by or against me, if you are permitted by applicable law to charge those costs. This shall include, unless prohibited by applicable law, reasonable attorneys' fees and expenses to the maximum amount permitted by applicable law.
d. Not to give you false information or signatures, electronic or otherwise, at any time.
e. To pay a Late Fee and Return Check Fee, as provided in this Agreement.
f. To make all payments by check, money order, or other legal instrument in U.S. Dollars, so that you receive it at the remittance address disclosed on the billing statement. If I make a payment using a non-standard check, money order or other instrument, I agree to pay your costs of processing the payment. This includes, among other things, oversized and undersized instruments, instruments using non-standard materials, instruments in a non-standard format, and any other non-standard instrument that requires special handling.
g. To promptly notify you if I change my name, my mailing address, my e-mail address or my telephone number.
h. To honor any other promises that I make in this Agreement.
i. That I will not accept this Account unless I am of legal age in the state where I reside and am a resident of the U.S.A.
j. To attempt to resolve any dispute I have with a Merchant directly with that Merchant; I agree to allow a reasonable period of time for the Merchant to resolve the dispute. This shall in no way limit or reduce my rights in case of a billing error.

8. SECURITY INTEREST. You will not take any security interest to secure this Account.

9. FINANCE CHARGE. Except during Special Promotions and other purchases that expressly state an inclusion of a Finance Charge, there will be no Finance Charges applied to a 123Bill account. The only fees to be levied, unless expressly stated otherwise on a per transaction basis, will be late fees according to the Late Fee Schedule. Any Finance Charges incurred as a result of a Special Promotion or other singularly financed purchase will be calculated according to the terms of that purchase.

10. OTHER CHARGES. I agree to pay the following Other Charges, as applicable. I agree that you may allocate any Other Charge to the Standard Purchases part of the Account.
a.Late Fee. You will charge me a Late Fee for each month the Minimum Payment is not paid in full by its Payment Due Date. The amount of the late fee is disclosed in the Important Disclosures.
b. Return Check Fee. You will charge me a service charge of $35.00 if my payment on this Account is made with a check, including a draft, order or other instrument that is returned by a drawee for any reason.
c. Collections Fee. If at any time 123Bill is forced to submit your account to a professional collections agency for collection of monies owed, I understand that such negative activity may be reported to my personal credit report. I understand that I am responsible to pay my balance and all late fees in addition to a collections fee of $20.

11. PAYMENT DUE. The Payment will be due each Billing Cycle, on or before the Payment Due Date. The amount of the Payment Due will be the total amount for that individual purchase and late fees when applied.

12. BILLING STATEMENTS. You will send me a billing statement for each new purchase made using 123Bill. I agree to notify you in writing of any errors in the billing statement within 60 days from the date it is mailed. I agree to examine the billing statement and to notify you in writing, immediately, of any purchases which were not made or authorized by me. You need not mail a billing statement to me if you deem this Account uncollectible or if delinquency collection proceedings have been started.

13. DEFAULT AND TERMINATION. I will be in default if any of the following happen:
a. If I fail to pay any Payment Due on or before the Payment Due Date.
b. If I fail to keep any promise or perform any duty in this Agreement, or in any other loan or agreement with you.
If default occurs, you will have no duty to make loans or advances from this Account and this Account may be Suspended or Terminated. This may happen without any prior notice to me. If you choose, at your sole option, to make new loans from this Account after default, I agree that you may charge those loans to this Account. In addition, if a default occurs, all amounts which I owe under this Agreement shall be due and payable immediately, at your option (subject to any applicable law to the contrary); you may apply any payments I make after default to satisfy the amounts I owe on any part of the Account, in any order you choose. The other provisions of this Agreement will continue to apply to this Account. If you get a judgment after default and/or if I am a debtor in an action filed by or against me under the Bankruptcy Code, unless prohibited by applicable law, the full balance including original charges, late fees and collection fee will be due. A default under this Agreement is a default under every other account or loan which I have with you. In addition to Termination by default, you may Terminate this Agreement at any time and for any reason subject to the requirements of applicable law. I can terminate my Account by sending written notice to the address on the billing statement or to the email address on file. After Termination, I will not be able to make new purchases on this account.

14. TERMINATION OF THE ACCOUNT.. After Termination, I will not be able to make new purchases on this Account. Termination under this paragraph will not affect any purchase which complies with this Agreement and which was made before the date of the Termination notice. If you choose, at your sole option, to allow purchases after you have Terminated this Account (whether or not I have given you notice Terminating this Account), I agree that you may charge those purchases to this Account. After Termination under this paragraph, balances will continue to accrue Late Fees until paid in full and I agree to pay the balance on this Account, the Late Fees and all other amounts due in accordance with the terms of this Agreement. All other provisions of this Agreement will continue to apply.

15. YOUR LIABILITY. You have no responsibility for the failure of any Merchant to accept payment using the 123Bill Payment System. Failure to make a loan for any reason as provided under the terms of this Agreement will not be wrongful.

16. AMENDMENT OF THIS AGREEMENT. You may amend this Agreement from time to time, in any respect by giving me written notice where required by law. An amendment may change something in this Agreement, add something new or take something out. Such amendments will apply to outstanding balances and new loans, except as otherwise indicated in the written notice or provided by applicable law. This Agreement, except when amended in accordance with this Agreement, is the final expression of the Agreement between us and may not be contradicted by evidence of any alleged oral agreement.

17. REMEDIES CUMULATIVE. Your remedies under this Agreement shall be cumulative and not alternative.

18. DELAY IN ENFORCEMENT. You can delay enforcing any of your rights under this Agreement without losing them. Any waiver by you of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion.

19. ASSIGNMENT. I may not assign or otherwise transfer my rights and privileges under this Agreement, or delegate my obligations to repay amounts I owe to you. Any attempt to assign or delegate will be void and of no effect. You may assign any and all of your rights under this Agreement at any time without my consent. Any person, company or bank to whom you assign this Agreement shall be entitled to all of your rights under this Agreement. None of my rights or obligations shall be affected by such assignment.

20. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier Agreements and governs all balances on this Account, including balances carried over to this Account from any prior Account, just as if it had been in effect before the first advance from this Account.


22. CREDIT INVESTIGATION AND REPORTING. I authorize you to make or have made any credit, employment and investigative inquiries you deem appropriate related to this Account and the collection of amounts owed on this Account. I agree that you have the right to obtain a credit report in connection with your review of my application and periodically, during the term of this Account, as you deem reasonably necessary to maintain and collect this Account. I authorize you to answer any questions about your experience with me related to this Account and to report that experience to credit reporting agencies.

23. NOTICES AND CUSTOMER SERVICE. I agree that any notice or correspondence that you are required by this Agreement or by law to send to me may be sent by regular U.S. mail to the address that I have provided or by e-mail to the e-mail address that I have provided, unless otherwise required by law. I will send all notices, correspondence, inquiries and questions concerning my Account to you at 123Bill, Inc. 24768 Lahser Road, Suite 200, Southfield, MI 48034. I may also call you at your customer service telephone number 1-866-BILL-123 (1-866-245-5123). You may monitor tape or electronically record my telephone calls to your customer service department for any reasonable business purpose. I agree that your customer service department may place telephone calls to me using an automatic dialing and announcing device for any reasonable business purpose.

24. GOVERNING LAW AND CONSTRUCTION. This Agreement has been accepted by you in Michigan, U.S.A., and all loans will be extended by you in Michigan, U.S.A. Regardless of the state of my residence or the place where the Merchant is located, I agree that the provisions of this Agreement shall be governed by and construed in accordance with the law of Michigan, U.S.A., without regard to principals of conflicts of law, except to the extent preempted, superseded, or supplemented by federal law.

25. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.

This notice is required by federal law. In this notice, "you" and "your" mean the Borrower. "We" and "our" refer to the Lender.
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify Us In Case of Errors or Questions About Your Bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at 123Bill, Inc., 24768 Lahser Road, Suite 200, Southfield, MI 48034. Write us as soon as possible. We must hear from you no later than 60 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information:
  • Your name and account number.
  • The dollar amount of the suspected error.
  • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
Your Rights and Our Responsibilities After We Receive Your Written Notice.
We must acknowledge your letter within 30 days, unless we have corrected the error by then.
Within 90 days we must either correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including Late and Collection Fees. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any Late or Collection Fees related to the questioned amount. If we did not make a mistake, you will be responsible to pay Late and Collection Fees, and you will have to pay your entire balance in full. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.
If we do not follow these rules, we cannot collect the first $50.00 of the questioned amount, even if your bill is correct.

This Consumer Privacy Notice ("Notice") is provided in accordance with the privacy provisions of the Gramm-Leach-Bliley Act. "You" means the Borrower. "We" means 123Bill, Inc. Inc ("123Bill, Inc."). 123Bill(r); is offered through 123Bill, Inc, the Lender. 123Bill, Inc. provides services for 123Bill, such as processing transactions, keeping records, sending billing statements and providing customer service. 123Bill, Inc. will become the company to whom you owe the amount due on your account.
One of our top priorities is to provide you with outstanding service. In order to do this, we must collect, maintain and use certain personal and financial information about you and your activities with us. We respect your privacy concerns about how we use this information and want you to know about our privacy policies and practices.
This Notice applies to 123Bill, Inc. while you have a 123Bill account or owe any amounts charged to your account. Please read this Notice carefully and keep it for your records. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Consumer Privacy Policy at any time.

Collection and Use of Customer Information
We collect, retain and utilize information about you to operate our business and to make products, services and other opportunities available to you. Much of the information we collect, such as account balances, credit information, and payment history, is of a non-public personal nature. We obtain this information (collectively, "Customer Information") about you from a variety of sources. These include:
(1) Information we receive from you on applications and other forms. This may include information such as your address, phone number, social security number, employment, etc;
(2) Information about your transactions with us, our affiliates or others. This may include information such as your account balances, payment history, etc.;
(3) Information we receive from a consumer reporting agency. This may include information about your credit history and creditworthiness, etc.

Disclosure of Information
We will not sell your Customer Information to any outside organizations without your consent. Additionally, we will not disclose your Customer Information to any of our related companies or outside organizations other than as described in this Policy.
123Bill, Inc. may disclose Customer Information (1) to financial service providers and other financial institutions with which we may enter into joint marketing agreements from time to time, (2) to non-financial companies that are related to us, and (3) as otherwise permitted by law, under the following circumstances:
To Marketing Service Providers and Joint Marketing Partners
We may disclose all Customer Information described above (i) to companies that perform marketing services for us or for one or more other financial institutions with which we have joint marketing agreements, and (ii) to other financial institutions with which we have joint marketing agreements. Among Our Affiliates
We may share Customer Information pertaining to our relationship with you with companies that are related to either of us by common ownership or control. This may include identification information, account balances and payment history.
With Other Third Parties
In addition, in order to service your account, we may share Customer Information about you with other non-affiliated third parties that provide services, including but not limited to collections, invoicing and customer service, and as otherwise permitted by law.
Protection of Information
We maintain appropriate procedures to protect the security of your Customer Information. Our employees receive training and understand the importance of confidentiality and customer privacy. We restrict access to your Customer Information to those employees who have a reasonable business purpose for obtaining such access. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your Customer Information. Even if you decide to close your account(s) and/or repay your loan(s) or otherwise become an inactive customer, any Customer Information we have about you will remain subject to the privacy policy and practices described in this Consumer Privacy Notice. .

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