YOUR RIGHTS ARE
IMPACTED BY THESE TERMS AND CONDITIONS.
PLEASE READ CAREFULLY BEFORE USING THIS SERVICE:
By clicking “I Agree”
or signing the hard copy of this form, you represent that you are of the legal
age of majority in the state of Georgia and that you have read and agree to be
bound by the terms and conditions set forth in this Agreement. If you do not accept the terms and conditions
as described herein, do not use the services and/or products contemplated by
this agreement.
This
contract for the continuing use of services and/or products (the “Terms and
Conditions”) is made effective on this day the ____ of the month
_______________ in the year 20_ _.
These
Terms and Conditions represent and constitute the binding legal agreement by
and between:
the Customer/User/Applicant:
_____________________________________, an individual residing in the state of ______________,
(hereinafter referred to as “the Customer”)
AND
The affiliated corporations known
collectively as A+ which includes
without limitation A+ Financial Services, Inc.; A+ Auto Insurance, Inc. (dba A+
Business Solutions and/or A+ Insurance); A+ Loans, Inc.; A+ Immigration, Inc.;
and A+ Bookkeepers, Inc. all of which are Corporations organized and existing
under the laws of the state of Georgia which may be contacted at P.O. Box
492769 Lawrenceville, GA 30043.
These
Terms and Conditions are inclusive of all services and products offered by
A+. While some services and/or products
are detailed more fully, these Terms and Conditions are applicable to all A+ Services
and Products. A copy of these Terms and
Conditions is available on the A+ website at www.mybudgetcenter.com.
Customer
understands that by agreeing to these Terms and Conditions, Customer is
agreeing to be bound by these Terms and Conditions as contained herein. Except as detailed herein, these Terms and
Conditions do not create third party beneficiary rights for any parties.
1.
SIGNATURES. Documents,
including without limitation, Terms and Conditions, contracts, negotiable
instruments, receipts, and/or agreements, may be executed in multiple counterparts
by Customer and/or A+ representatives or agents. All counterparts so executed shall constitute
one document, notwithstanding that all parties are not signatories to the
original or the same counterpart. Each
counterpart shall be deemed an original, all of which shall constitute one document. Documents executed, scanned and transmitted
electronically and electronic signatures shall be deemed original signatures,
with such scanned and electronic signatures having the same legal and binding effect
as original signatures.
2.
TERMS SPECIFIC TO PARTICULAR SERVICE. All other terms and conditions as
detailed in Sections 1, and 3-15 are applicable to all services and products
offered by A+, and nothing to , the contrary shall be
interpreted by the inclusion of additional Terms and Conditions to the specific
products and services discussed in this Section 5.
a. LOANS. PLEASE READ THIS SECTION CAREFULLY TO FULLY
UNDERSTAND THE A+ LOAN PRODUCT. A+
Loans, Inc. and A+ Financial Services, Inc. are regulated by the Georgia
Department of Insurance - Industrial Loan Division. A+ will underwrite customer
loans in compliance with the Equal Credit Opportunity Act (EOCA) - and will
adhere to the Fair Credit Reporting Act (FCRA) in all determinations and
actions. In addition, if customer chooses the optional Electronic Funds
Transfer (EFT) repayment option for customer installments, then A+ will also
adhere to the Electronic Funds Transfer Act (EFTA). Electing to have EFT
repayments WAS NOT a condition of customer approval or denial of credit. A Graham-Leach Bliley Act (GLBA) privacy
notice will be available to customer during customer request for credit. The
privacy notice, as well as this agreement, will detail the methods customer may
use for opt out procedures of any future solicitations. The same notice will
detail that we pay third parties for lead generation up to our current rate, we
may disclose customer information to affiliated companies to meet customer
requests, and maintain security procedures to safeguard any non-public
information that customer disclose. All of these items will be available to
customer upon request and A+ agents or representatives will discuss any
questions customer may have concerning these forms and actions.
i.
Signatures. A+
Loans and A+ Financial Services request signature(s) for disclosures concerning
the GLBA, the optional EFT repayment, draft check payment, right to offset
previous debt, and procedures for collection of payments including any NSF or
Electronic Declination charges customer may incur up to $35.00 per declination
for any reason.
ii.
Customer Information Use and A+
Communications In
order for “A+” to process customer application for our financial products and
services, A+ requires the following information from Customer, which customer
hereby agrees to furnish for the purpose of obtaining the products and services
to be offered and (if customer application is accepted) furnished by A+ to
customer. Based upon customer request and inquiry, A+ has agreed to provide
information to customer about its financial products and services. So that A+
can provide to customer with updated information about its products and
services, as changes occur in the future, customer hereby consents to customer
receipt of periodic marketing information and customer service information from
A+, whether communicated by means of customer residential telephone, cellular
telephone, email, facsimile, or a text message. THE CELL PHONE AND EMAIL
CUSTOMER PLACE ON CUSTOMER APPLICATION WILL BE USED TO COMMUNICATE TO -SOLICIT,
TO SERVICE, AND TO COLLECT. YOU MAY OPT OUT AT ANY TIME An
additional charge may be accessed to customer account for such texts, emails,
or calls by customer communication vendors directly for such actions. Customer
understand that customer may revoke consent to receive solicitation information
at any time by providing written notice thereof to A+ at the following address:
Attn: Compliance Officer, A+ Financial Services, Inc., P.O. Box 492769,
Lawrenceville, GA 30049. PLEASE DO NOT CONTINUE OR SIGN ACKNOWLEDGEMENT OF
THESE TERMS AND CONDITIONS OR ORAL CREDIT REQUESTS IF CUSTOMER HAS ANY
QUESTIONS! PLEASE ASK ANY QUESTIONS OR CALL OUR OFFICES IMMEDIATELY AT
678.720.9006 TO DISCUSS.
iii.
Loan Proceeds to Purchase Optional
Items. If a loan is approved for customer, customer may elect
to use a portion of the loan
proceeds to purchase optional items. The
items for which customer request payment via disbursement from customer loan
are not a part of the loan charges, fees, or interest. Note that if customer loan application is
approved customer may receive customer entire loan proceeds WITHOUT the
purchase of any optional items. In other words, the purchase by customer of any
such optional item is not a pre-condition to the approval or the execution of
customer loan. Any purchase by customer of such optional items may require that
customer complete additional applications, forms, and/or disclosures for such
purchases. Purchase of optional items will be deducted from the loan proceeds
and disbursed on customer behalf. Different re-payment schedules may be offered
if optional items are purchased and/or if optional EFT/ACH recurring payments
are authorized which may suit customer needs better. A loan may be approved even though the GILA
Licensed Lender chooses to waive the purchase of Vendor Single Interest,
Decreasing or Level Term Life Insurance, Accident & Health Insurance
coverage, or any additional charges and/or recording fees. However, the GILA
Licenses Lender may REQUIRE that customer purchase one or more of the preceding
insurance policies as a pre-condition of customer obtaining such loan, though
customer may be required to purchase one or more of such insurance policies.
CUSTOMER ARE NOT REQUIRED to purchase them from the GILA Licensed Lender.
Customer may purchase required insurance from any other source. However,
customer must list lender as loss payee and provide proof of such purchase to
lender prior to the execution of the loan.
3.
CONTACT. A+
will need to collect Customer contact information for the purposes of servicing
Customer’s account. Customer may be
contacted at :
a. ADDRESS. __________________________________________________________
b. HOME
PHONE. (_ _ _) _ _ _ - _ _ _ _
c. CELL
PHONE. (_ _ _) _ _ _ - _ _ _ _
d. EMAIL. _______________________________@____________________._____
From time to time, Customer may
also be approached through these contacts for the purposes of offering
additional A+ services to Customer.
Customer may opt out of these communications at any time via the
processes described herein or on the message itself. Please note that Customer may not opt out of
account service communications.
4.
PAYMENTS. Payments
rendered by Customer via credit or debit card shall incur an additional
convenience fee equal to the greater of $5.00 or 3% of the transaction. Such fee is intended to defray the cost of
the third-party processor and afford A+ the ability to offer the convenience of
accepting such payments. This additional
fee may be avoided by rendering payments in certified funds, verified check, or
cash payments. Type of payment is chosen
by the Customer, who may change the type of payment on request provided that
such request is made timely and accompanied by the proper paperwork and account
information as required by A+, if any.
Note, however, that notwithstanding anything to the contrary in these
Terms and Conditions, Customer’s request shall not be considered timely if made
less than 72 hours before the due date of the scheduled payment or after the
scheduled payment has occurred. An
untimely request is not valid grounds to reverse, refuse, or otherwise negate
such payment (a “Refused Payment”), and additional fees may be applied for
late, rejected, and/or NSF transactions caused by a Refused Payment on these
grounds.
a. WATERFALL. Funds from payments will be applied first in payment
of interest owed, then in payment of costs and fees owed, and then to the
principal balance.
b. LATE
PAYMENTS. Payments which are made late may be
subject to a late fee.
c. REFUSED
OR DECLINED PAYMENTS. Payments which are declined,
rejected, reversed, or returned for any reason will be subject to a declination
fee in accordance with law.
d. BANK
FEES. Items or payments which are declined, rejected,
reversed, or returned for any reason will be subject to the bank fees incurred
by A+.
5.
COLLECTIONS.
a. OFFSET. Customer agrees and hereby authorizes A+ to collect
and remit any balances owed by Customer against Customer credit balances and
assets in the possession of or maintained by A+ inclusive of all of its
affiliates. Further, Customer agrees and
authorizes A+ to contact persons having dealings with Customer and to obtain
any needed credit reports in connection with products or services requested by
customer which may aid in the collection of any present or future outstanding
balances owed by Customer to A+ inclusive of all of its affiliates. Amounts collected, funds from assets in the
possession of A+ for the purposes of utilizing services and products of A+
together with all of its affiliates, and/or funds from assets maintained by A+ will first be
distributed to the A+ entity holding a negative balance showing on its
books. Funds will be applied first in
payment of interest owed, then in payment of costs and fees owed, and then to
the principal balance. Collections will
continue until the full amount of the debt owed is paid unless A+ otherwise
agrees in writing to accept less than the full value of the debt.
If any balance remains on
Customer’s account and Customer presents another transaction or instrument of
cash value including without limitation EFT, ACH, check, money order, draft,
cash, etc., Customer agrees and authorizes A+ to deduct Customer’s negative
balance inclusive of the negative balance
of any affiliate from such transaction. By agreeing to
this contract Customer hereby agrees, authorizes, and directs A+ to deduct such
previous unpaid balances from any future transactions. Funds from these collections will be applied
first in payment of interest owed, then in payment of costs and fees owed, and
then to the principal balance.
b. ELECTRONIC
CHECK AGREEMENT. Customer authorizes A+, at its’
sole discretion, to create and present payment draft(s) instead of using
electronic ACH payments or Electronic Debit Card to process contract payments
or pre-authorized electronic payments for the purposes of collecting any
outstanding delinquent balances due to A+ by creating and presenting these
draft payment(s) using Customer’s account and routing number in A+’s
possession. A draft is an over the phone
check. It is a draft because it is not
actually signed, but the information provided will be bade into a check form of
payment. Such draft(s) may be done in
one or multiple payments, and the amounts presented for drafts shall never
exceed the balance due. Revocation of
this payment authorization must be done by mail to the address listed above to
the attention of the Collection Department/Compliance officer. Processing may take up to 72 hours, once
notice has been received.
c. DECLINATION
AND RETURN FEE AGREEMENT. Customer agrees and authorizes any
payments, collections, or other instruments presented or authorized by Customer
which result in a rejection, declination, reversal, or other dishonor, (including
without limitation, NSF) may be presented up to two more times, at the election
of A+. In the event of such rejection,
declination, reversal, or other dishonor as described herein and for each
occurrence, A+ may charge and collect a non-sufficient funds processing charge
or Declination fee from the Customer in an amount not to exceed the maximum
allowed by law.
6. PRIVACY. The
Privacy Policy referred to herein details the privacy policy of A+ updated as
of Oct. 1, 2018 with respect to the Customer’s non-public, personal information
collected by A+ in connection with the use of products and services offered by
A+. A+ is committed to protecting the
Customer’s privacy and the security of Customer’s non-public, personal
information. Precautions are taken to use such information responsibly to meet
the following goals: providing
Customer with the financial products and services that Customer has requested
which may require limited 3rd Party Disclosure; offering customer information
about other financial products and services provided by A+; Complying with
federal, state, local, and other regulatory bodies with authority
over A+'s products and services;
Allowing customer to conduct business with A+ with confidence and convenience;
and to aid in administering Customer’s account with A+. In no event is Customer's account or
nonpublic personal information to anyone outside of A+ for the purpose of
independent telemarketing or direct mail marketing of any nonfinancial products
or services. Physical, electronic, and procedural safeguards are maintained to
guard against the unauthorized disclosure of this information.
a. TYPES
OF INFORMATION. A+ collects information
relevant and necessary to performing due diligence necessary for the provision
of products and services by A+. Such due
diligence may include without limitation compliance with regulatory authorities
and A+ professional assessment of risk.
Types of information may include, without limitation, information about
Customer’s financial status, employment, income, identification information, date of birth, address, tax identification number, phone
numbers, email address, bank account information, credit reports, and
information on related persons.
b. COLLECTION
OF INFORMATION. Though Customer’s requests for
products and services with A+, A+ will collect certain pieces of non-public,
personal information about Customer from a variety of sources, including
without limitation, in house information subscription services, provision by
Customer, customer’s use of A+ services (including without limitation check
cashing operations, money orders, money transfers, title loans, insurance
services, tax preparation, small loans, tax preparation bank documents, bill
payments, bookkeeping, other similar transactions with A+. A+ will also utilize external resources to
collect non-public, personal information of customer including without
limitation, consumer credit reporting agencies, Customer’s bank or credit
union, and information compiling services.
c. STORING
OF INFORMATION. All information is stored in a
private, encrypted, protected system for which access is restricted and
monitored. When destroyed, hard copies
of records are shredded or destroyed in a similarly complete and destructive
process. Please note that laws and
regulations may require A+ to keep records of information provided
d. USE
OF INFORMATION.
i.
A+. A+ restricts access to nonpublic
personal information to employees who need to know the information to provide
those products or services customer has requested, and in maintaining these
accounts. All A+ employees are trained on the importance of customer privacy
and confidentiality and the legal ramifications therein. EMPLOYEES HAVE BEEN
INSTRUCTED TO MAINTAIN THE CONDIFENTIALITY OF CUSTOMER'S NONPUBLIC PERSONAL
INFORMATION. Physical, electronic, and procedural safeguards are strictly
enforced and maintained that comply with applicable federal standards to
protect the privacy of your nonpublic personal information.
ii.
THIRD PARTY PROVIDERS. In the provision of many of A+’s products and
services, A+ works with non-affiliated, third parties. When Customer has requested such product or
service, A+ will provide Customer’s non-public personal information to its
third party vendors and providers. These
products and services which work with third parties includes without
limitation:
1. A+ services with Wells Fargo Bank
which may include nonpublic private information of Customer in connection with
due diligence and regulatory reports;
2. A+ Debit Card with GreenDot and Republic Bank which may include nonpublic
private information of Customer in connection with due diligence and regulatory
reports;
3. MoneyGram Money Transfer and Money
Orders which which may include nonpublic private
information of Customer in connection with due diligence and regulatory
reports;
4. Insurance Carriers, Motorist
Protection Plans, Business Service Plans, Home Protection Plans, AccuAuto rating services, requests to the DMV which may
include nonpublic private information of Customer, vehicle information, driving
records in connection with rating and underwriting;
5. Bill payments with Global Express,
IPP, Check Free, MoneyGram, GreenDot, and other
utility and billers which may include nonpublic private information of Customer
in connection with due diligence and regulatory reports;
iii.
COMPLIANCE WITH LAW. Federal, state, and municipal laws
and regulatory agencies may require A+ to share customer nonpublic personal
information. e.g. - customers involved in legal matters with another party, A+
may be ordered to provide your nonpublic personal information to a court,
attorney, or other party by subpoena, or audit by a regulatory body. In these
circumstances, only that portion of your nonpublic personal information requested
by law, subpoena, court order, or law/regulatory enforcement officers under
formal request will be provided. A+ makes every effort to strictly comply with
the regulations and requests set forth by governmental agencies and actors. Any
information required by regulation or requested for further review or by
mandate will be provided to these governmental agencies and actors.
iv.
OTHER. A+
has arrangements with companies, which provide products and services essential
for the delivery of its services to its customers. A+ works with data
processing, computer programming, and computer software firms to ensure that
our computer systems function properly. These firms perform their services at
the direction of A+ and, as permitted by law, customer nonpublic personal
information is shared with these companies, as necessary, to permit them to
perform these required services. A+ engages a third party to assist in
conducting federally mandated comparisons of prospective customers with the
U.S. government's lists of terrorists and other Specially Designated Nationals.
These companies are required to safeguard customer nonpublic personal
information and use it only for authorized purposes.
v.
CREDIT AGENCIES. It is standard industry practice
and within federal and state laws to provide customer nonpublic personal
information, including repayment transactions and defaults, to consumer credit
reporting agencies and other creditors.
e. CONSENT
AND AUTHORIZATION FOR USE OF INFORMATION. Customer hereby authorizes A+. to obtain, verify and confirm any information about customer
or customer's credit history and employment history from credit reporting
agencies, customer's creditors, landlord, and other businesses or individuals,
and from customer's current and former employers. Customer hereby consents to
such persons' or entities' providing such information directly to A+ and Customer hereby authorizes A+ to furnish
such information, as well as customer's repayment history with A+ to those
businesses with whom A+ believes that customer has a credit account or are
opening a credit account. Customer
understands and agrees that A+ may assign your contract, entered into by
customer, as a result of this application.
f.
ELECTION FOR LIMITED OPTION OUT OF
INFORMATION SHARING. Federal law gives customers the
right to limit how A+ shares your nonpublic personal information for MARKETING
PURPOSES. By opting out, customer is instructing A+ not to share their
nonpublic personal information with affiliates and nonaffiliated third party
business partners for marketing purposes. Please note that by opting out of
receiving future marketing information, customer MAY NOT opt-out of receiving
notices from A+ regarding payment information and service to customer's
existing account. Further, note that any such service notice from A+ may
include a listing of all services that A+ provide and affiliates within the A+
family of companies. And so long as customer remains a customer of A+, there
will be continued use of nonaffiliated third parties, such as banks and tax
software companies, in order to provide to customer the financial products and
services that customer may request in accordance with the procedures and for
the purposes described in our Privacy Policy. In deciding to opt out, A+ offers
three convenient ways to do so. CUSTOMER
may contact A+ by: (1) telephone at 678-720-9006 x 213; (2) U.S. Mail at A+
Financial Services, Inc. P.O. Box 492769 Lawrenceville GA 30049 Attention:
Compliance Officer. Please list your full name, cell phone number, home phone
number, mailing address, date of birth, and the last 4 digits of your social
security number when writing: (3) visiting us at
www.mybudgetcenter.com/new/optout. A+ will honor customer's
opt- out choice until instructed otherwise or if customer signs an updated
service agreement that allows marketing.
7.
COMPLIANCE WITH LAW. Customer
shall not use the services and products of A+ for any purpose prohibited under
the laws of the United States or the state of Georgia. Customer shall comply with all laws and
regulations of the United States to ensure that any and all transactions and
applications for the services and products of any A+ entity adhere to the
governing laws.
8. LIMITATION
OF LIABILITY. Notwithstanding any damages that
you might incur, the entire liability of A+, Inc. under any provision of this
Agreement and your exclusive remedy for all of the foregoing shall be limited
to the amount actually paid by customer for the service or product. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A+ BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
INCLUDING WITHOUT LIMITATION COSTS OR DAMAGES FOR ATTORNEY’S FEES, LOSS OF
PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO USE THE COMPUTER/SOFTWARE SERVICE, EVEN IF A+ HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
9.
REPRESENTATIONS AND WARRANTIES.
a. Customer warrants and represents
that the information provided to A+ by Customer in connection with any A+
service is complete and correct to the best of Customer’s knowledge,
information, and belief. Customer
warrants and represents that no material debts have been withheld or omitted in
any application for credit, funding, or financing. Customer warrants and represents that neither
he or she or any entity for which he or she has a beneficial ownership and
conducts or seeks to conduct business with A+ intends on filing for
bankruptcy. Customer warrants and represents
that if he or she or any entity for which he or she has a beneficial ownership
and conducts or seeks to conduct business with A+ subsequently decides to file
for bankruptcy, A+ will be notified on the creditor’s matrix.
b. A+ expressly disclaims to the
extent permitted by applicable law, all warranties, representations, and
guarantees, whether express or implied, with respect tot the use of products
and services rendered.
10.
INDEMNITY. Customer
agrees to indemnify and hold A+, Inc. and its officers, directors, employees
and licensors harmless from any claim or demand (including but not limited to
reasonable legal fees) made by a third party due to or arising out of or
related to your violation of the terms and conditions of this Agreement, your
violation of any laws, regulations or third party rights or your negligent act,
omission or willful misconduct.
11.
EFFECTIVE DATE. These
Terms and Conditions are effective as of the date listed above. If no such date is listed, these Terms and
Conditions are effective as of the earlier of the date the Customer first
signed these Terms and Conditions via the website www.mybudgetcenter,com, submitted an application for A+ services and
products, or received services and products according to the electronic records
of A+.
12.
APPLICABLE LAWS. These Terms and Conditions shall be governed by and
construed in accordance with the laws of the state of Georgia without giving
effect to its choice of laws principles. Parties agree that all actions and
proceedings arising out of or relating directly or indirectly to this Agreement
of any ancillary agreement or any other related obligations shall be litigated
solely and exclusively in the state or federal courts located in the County of
Gwinnett, Georgia, and that such courts are convenient forums. Each party hereby submits to the personal
jurisdiction of such courts for purposes of any such actions or proceedings.
13.
MODIFICATION AND AMENDMENT. These
Terms and Conditions represent the most recent Terms and Conditions of the services
and products for A+. These Terms and
Conditions are subject to change, and the version appearing on the website as
detailed above shall be the current Terms and Conditions in operation.
14.
WAIVER. Neither
Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held
under this Agreement unless such waiver is made expressly and in writing. Waiver by either Party of a breach or
violation of any provision of this Agreement shall not constitute a waiver of
any subsequent or other breach or violation.
15. SEVERABILITY. If
any provision of this Agreement is held to be invalid, illegal, or
unenforceable in whole or in part, the remaining provisions shall not be
affected and shall continue to be valid, legal, and enforceable as though the
invalid, illegal, or unenforceable parts had not been included in this
Agreement.
16.
ELECTRONIC SIGNATURES. These Terms and Conditions may be executed
electronically. Documents executed,
scanned, and/or transmitted electronically and electronic signatures shall be
deemed original signatures for the purposes of these Terms and Conditions and
all matters related thereto, with such scanned and electronic signatures having
the same legal effect as original signatures.
BY AFFIXING MY
SIGNATURE BELOW OR CLICKING I AGREE, CUSTOMER DOES HEREBY ACCEPT THE A+ TERMS
AND CONDITIONS.
________________________________
SIGNATURE
________________________________
PRINTED
NAME
________________________________
DATE