This offer is made between Foundation for Family Life, herein referred to as COMPANY, and the purchaser, herein referred to as PURCHASER or YOU.
FOUNDATION FOR FAMILY LIFE FINANCE & CREDIT AGREEMENT
This offer is non-transferable. Changes to any account information may void this offer at COMPANY’s discretion.
Daily Percentage Rate (DPR): .01369%
Grace Period for repayment of the balance of purchases: At least 5 Days when you pay your balance in full each month.
Method of Computing the Balance for Purchases: One-cycle Average Daily Balance (including new purchases).
Minimum Service Fee: $0.25
Bounced Payment Charge: $29.00 and/or increase and fluctuation of DPR from initial DPR up to .04109% at COMPANY’s discretion.
Late Payment Charge: $29.00 and/or increase and fluctuation of DPR from initial DPR up to .04109% at COMPANY’s discretion.
Annual Fee: None
All account terms and charges disclosed herein are accurate as of the printed date but are subject to change.
You agree to be bound by the terms and conditions of this account agreement. You also agree that the account agreement and your account are governed by Utah and applicable federal law and that the account agreement is subject to change (including but not limited to increasing the rates and fees). You understand that information contained in this application, or information obtained in connection with your application and information about you and your account may be shared with COMPANY’s corporate affiliates.
ACH Payment. ACH Payment and Auto withdrawal payment is construed to be any auto-withdrawal method past, present, or future technology in the benefit of receiving payments by the use of any account information given to COMPANY by you.
DECREASE AND FLUCTUATION OF ACH PAYMENT. If at any time an ACH payment cannot be received, COMPANY has the right to lower and fluctuate the minimum monthly ACH Payment to help fulfill your obligation of payments.
MINIMUM TRANSACTION SERVICE FEE: Each time a purchase, payment, bounced payment, lat fee, interest rate fluctuation or other increase or decrease in your account may, at COMPANY’s discretion, result in a service fee which will be applied to your account as a purchase.
TRUTH IN LENDING. You understand that this is considered a revolving line of credit with COMPANY and as such a Truth In Lending cannot be created because of the future purchases and changes that may be made to your account.
1.1 This offer is non-transferable. Changes to any account information may void this offer at COMPANY's discretion.
1.2: ACCEPTING OR DECLINING THIS AGREEMENT. This Agreement is automatically accepted by you
immediately upon any use of your Account. If you wish to decline this Agreement, the entire balance owing must be paid 7 days after delivery.
1.3: AMENDING THIS AGREEMENT. We may amend, add, or delete (i.e., “change”) any term of this Agreement at any time. We will notify you of any change and any right to reject that change, as required by law. To reject a change, you must inform the COMPANY in the manner and time period specified in our notice. We will then close your Account and you will be required to pay your Outstanding Balance as provided by applicable law. If a change requires your consent, we may obtain that consent from you verbally, in writing, or electronically. Whether or not consent is required, any further use of your Account after the effective date of the change shall constitute your consent and acceptance. Unless a longer period is specified by law, a reasonable period for any notice to you shall not exceed 25 days from being sent. Notices may be emailed or applied in the “contract” portion of your online viewable ledger.
1.4: STATEMENTS. You will have access to view the online ledger of your account. Watch for access via the email address you provided to view each transaction. You will also receive email notifications on each change, addition, and transaction.
1.5: ACCOUNT ROLLOVER. If at any time a “Cash Sale” or non-financed sale has a remaining balance that has not been paid within ten (10) days of delivery or completion or final payment bounces, the entire balance may, at COMPANY’s discretion, be rolled over to the Credit Agreement portion of this Agreement in the which all parts of the Credit Agreement becomes active as of the initial date of delivery or completion.
1.6: AUTO WITHDRAWAL COMPLETION/DELIVERY PAYMENT: If a completion payment or payment at delivery is shown to be a part of this agreement, this payment must be received within ten (10) days of delivery. If payment is not received within the mentioned time, delivery payment may be auto-withdrawn from any given process, including credit card or bank account information.
2.0: CONSUMER CREDIT REPORTING: You authorize the COMPANY to obtain a consumer report from consumer reporting agencies in considering this application and for the purpose of update, renewal, and extension of credit, reviewing, or collection of your account. Upon your request, we will inform you of the name and address of each consumer-reporting agency from which we obtained a consumer report relating to you. In order to be considered for this line of credit, you must sign this sales agreement and fill out our credit application. Failure to provide any information requested may be grounds for denial. After credit approval, each applicant shall have the right to use this account to the extent of any credit line that we set, and each applicant may be liable for all amounts of credit extended under this account to any joint applicant. The applicant, if married, may apply for a separate account. This offer supersedes all other offers.
2.1: DELAY OF AVAILABLE CREDIT. We apply your payment to your account on the business day we receive it.
3.0: PREPAYMENT. You may repay all or any portion of the Outstanding Balance at any time without penalty.
4.0: RATES AND FEES: Annual Percentage Rates, Daily Periodic Rates and Fees, and other disclosures are found on the
Table at the beginning of this agreement associated with your Account. The website, https://fflut.org/financeagreement, also includes disclosures. The terms of these disclosures are incorporated by reference into this Agreement. Review these disclosures carefully.
5.0: DEFAULT. Your Account will be in default in any of the following circumstances: (a) your minimum ACH payment declined, and payment is not received before the payment due date; (b) you fail to honor any other obligation under this Agreement; (c) you die, file for bankruptcy, or become insolvent or generally unable to pay your debts; (d) you have furnished false or misleading information on acquiring this line of credit; (e) you are in default under any other obligations you may owe to the COMPANY; or (f) we reasonably believe that you are unable or unwilling to honor all of your obligations under this Agreement. If your Account is in default, we may act on one or more of the following; (a)we may declare the Outstanding Balance immediately due and payable,(b) and close your Account, (c)lower the minimum monthly auto-withdrawal payment amount for a discretionary time, (c)Increase and fluctuate the DPR(Daily Periodic Rate) between .04109% and the original DPR.
6.0: ATTORNEYS’ FEES; COLLECTION EXPENSES; VENUE IN UTAH. You agree to pay our reasonable collection expenses, whether or not any court or arbitration proceedings are filed. Collection expenses include reasonable attorneys’ fees, the cost of staff (including in-house counsel), and out-of-pocket expenses, which may include repossession of goods (whether or not such expenses are awardable as “court costs”). Unless prohibited by law, you agree that we may bring legal action against you in the State of Utah, regardless of where you reside.
7.0: ANNUAL PERCENTAGE RATE (“APR”) AND DAILY PERIODIC RATE (“DPR”). The DPR for all transactions is calculated using the APR. The DPR is 1/365th of the APR (or 1/366 in a leap year).
8.0: Returned Payment Fee. If any payment on your Account is dishonored or must be returned because it cannot be processed, we charge a bounced payment Fee. This fee is charged to your Account as a purchased item. You further authorize the COMPANY to auto-withdraw the late fee at any time at our discretion.
8.1: Research Fee. If you request research on your Account (except for alleged billing errors by the COMPANY unless billing error is invalid according to the existing contract), we may charge you a research fee up to $35 per hour, plus $5 per email. This fee is charged to your Account as a purchased item.
9.0: DURATION; SURVIVAL. Your right to use the Account or make changes to your Account terminates when your Account is closed. All of our rights and your obligations remain in effect until your Account is closed and your Outstanding Balance is paid in full.
10.0: HEADINGS. The headings used in this Agreement are for convenience only and do not describe the entire scope or intention of any portion of this Agreement.
10.1:INTEGRATION AGREEMENT. This Agreement is the final written statement of your contract with the COMPANY and cannot be contradicted with evidence of any alleged oral agreement.
10.2: SEVERABILITY. If any part of this Agreement is unenforceable in any jurisdiction, the rest of this Agreement will remain enforceable in that jurisdiction, and this entire Agreement shall remain enforceable in all other jurisdictions.
10.3: DELAY IN ENFORCEMENT. Any delay by the COMPANY in enforcing our rights or your obligations under this Agreement shall not be deemed to release, waive, impair or discharge those rights or obligations.
10.4:ASSIGNMENT. You may not assign or transfer any portion of this Agreement or your Account without our prior written permission. We may assign or transfer this Agreement, your Account, or any portion thereof without notice to you. This includes any agreement, contracts, accounts, and payment processes. This Agreement shall be binding upon the parties’ heirs, representatives, successors, and assigns.
10.5: GOVERNING LAW. THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF UTAH, REGARDLESS OF PRINCIPLES ON THE CONFLICT OF LAWS OR WHERE YOU RESIDE.
11.0: DISCLOSURES OF INFORMATION. You consent to the release of personal, including financial data about you by the COMPANY to any party, company, its members, or their respective contractors for the purpose of providing the services described in this Agreement or on the transfer or sale of this agreement.