Terms and Conditions of the Bill Me Later® Payment System
Bill Me Later® is an open-end credit plan offered through CIT Bank, an industrial bank located in Salt Lake City, Utah (“the Lender”). By using Bill Me Later® to complete this purchase, you apply for credit and you agree that you have read the Terms and Conditions; you authorize the Lender to review your credit report and you understand that this account is subject to Finance Charges and Late Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your personal information, including email address, with the Lender, and authorize the Lender to use that information for all lawful purposes in connection with the account.
The Terms and Conditions of Bill Me Later® include the following:
Bill Me Later® 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.
The disclosures and information I will receive in this online session are:
3. WHAT I WILL NEED. I understand that in order to access and retain the electronic Disclosures I will need the following:
4. REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT. I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form and that I may withdraw my consent by logging into www.billmelater.com and going to "Manage Account". I can also request paper copies and/or withdraw consent by contacting you at:
Bill Me Later
PO Box 2394
Omaha, NE 68103-2394
5. UPDATING EMAIL ADDRESS. At any time, I can update the email address to which you will send alerts that my Disclosure is available. I can change my email preferences by logging into www.billmelater.com and going to "Manage Account." I can also do this by contacting you at:
Bill Me Later
P.O. Box 2394
Omaha, NE 68103-2394
Bill Me Later® Important Disclosures
Daily Periodic Rate and ANNUAL PERCENTAGE RATE for Standard Promotional, and Financed Installment Purchases |
The fixed Daily Periodic Rate is 0.05477%. This corresponds to an ANNUAL PERCENTAGE RATE of 19.99%.* |
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Grace Period for Standard and Promotional Purchases |
At least 25 days, if the New Balance is paid in full by the Payment Due Date** |
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Grace Period for Financed Installment Purchases |
None; there is no grace period in which to repay Financed Installment Purchases before a Finance Charge will be imposed. |
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Method of Computing the Balance for purchases |
Average Daily Balances (including new purchases, billed Finance Charges and billed Other Charges) |
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Annual Fees |
None |
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Minimum Finance Charge |
$ 2.00 |
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Fee for paying late |
If the balance is: |
The late fee is: |
* Daily Periodic Rate and Annual Percentage Rate for Standard and Promotional Purchases. From time to time Lender may offer Standard Purchases or Promotional Purchases with a lower rate that may apply for a limited time.
** Grace Period for Standard and Promotional Purchases. Lender will not assess a Finance Charge on Standard or Promotional Purchases during any Billing Cycle in which payments and credits made on or before the Payment Due Date reduce the outstanding balance for Standard and Promotional Purchases (excluding Standard and Promotional Purchases made during the Billing Cycle, Promotional Purchases subject to a Deferred Payment option, and Promotional Purchases subject to a Deferred Interest option) to zero or to a credit balance. The Grace Period does not apply to a Promotional Purchase subject to a Deferred Payment option or subject to a Deferred Interest option.
Amendment of the Terms and Conditions. Lender may amend the Agreement, including any of the terms stated above, from time to time, in accordance with the paragraph of the Agreement called "Amendment of this Agreement."
Important information about procedures for opening a new account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for Borrower: When Borrower opens an account, Lender will obtain Borrower's name, address, date of birth, and other information that will allow Lender to identify Borrower. Lender will verify this information with Borrower or others.
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.
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.
NOTICE: 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.
Bill Me Later® Account Agreement
g. That when I make a payment on this Account by check, I authorize you to use information from my check to make a one-time electronic fund transfer from my account. In certain circumstances, such as for technical or processing reasons, you may process my payment as a check transaction. When you use information from my check to make an electronic fund transfer, funds may be withdrawn from my account as soon as the same day you receive my payment, and I understand that I will not receive my check back from my financial institution. I have the right to withdraw this authorization at any time by informing you that I do not want you to use the information from my checks to make an electronic fund transfer; to do so, I must contact you in writing at Electronic Check Opt Out, P.O. Box 4415, Timonium, MD 21094 and provide you with my name, Bill Me Later account number and the name of the financial institution and account number from which my checks are drawn.
h. To promptly notify you if I change my name, my mailing address, my e-mail address or my telephone number.
i. To honor any other promises that I make in this Agreement.
j. 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.
k. 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.
l. To use Bill Me Later only for personal, family or household purposes.
8. SECURITY INTEREST. You will not take any security interest to secure this Account.
9. FINANCE CHARGE. Except during the Grace Period and during the term of an Interest-free Installment Purchase prior to the End Date, I agree to pay a Finance Charge on the outstanding balance of each part of this Account including billed finance changes and billed Other Charges at all times that this Account is in effect, including any period after Termination in which there remains an outstanding balance. The Finance Charge will be calculated for each part of the Account separately, as of the last day in the Billing Cycle (the "Statement Date"), in the following way:
a. Parts of the Account. For the purposes of the Finance Charge, each part of the Account will be calculated separately. Parts may be called "Transaction Types" on the billing statements.
(i) Standard Purchases. All Standard Purchases and any other balances that are moved to the Standard Purchases part of the Account will be a single part.
(ii) Promotional Purchases. Promotional Purchases while subject to different Promotional rates, terms, Deferred Payment options and Deferred Interest options will be different parts.
(iii) Installment Purchases. Each Installment Purchase will be a part. If there is a balance owing on an Interest-free Installment Purchase after the End Date, I authorize you to move, on or after the End Date, that balance to the Standard Purchases part of the Account, and it will be subject to the repayment and Finance Charge terms for Standard Purchases.
b. When the Finance Charge begins. The Finance Charge begins to accrue on the transaction date, except Finance Charge does not accrue during the Grace Period, if applicable to that part, and does not accrue prior to the End Date on an Interest-free Installment Purchase.
c. Grace Period. You will not assess a Finance Charge on Standard or Promotional Purchases during any Billing Cycle in which my payments and credits on or before the Payment Due Date reduce the outstanding balance for Standard and Promotional Purchases (excluding Standard and Promotional Purchases I made during the Billing Cycle and Promotional Purchases which are subject to a Deferred Payment option or a Deferred Interest option) to zero or to a credit balance. No Grace Period will apply to a Promotional Purchase subject to a Deferred Payment option, a Promotional Purchase subject to a Deferred Interest Option, or to a Financed Installment Purchase.
d. How you will determine the balance on which the Finance Charge is computed. You will compute the Finance Charge for each part on the "Average Daily Balance" (including new purchases) for that part during the Billing Cycle. To get the Average Daily Balance for each part, you will take the beginning balance for each part each day and add any new loans and adjustments posted that day, including billed Finance Charges and billed Other Charges; then subtract any payments and credits. This gives you the "Daily Balance." Then, you add up all the Daily Balances for the Billing Cycle for that part and divide the total by the number of days in the Billing Cycle. The result is the Average Daily Balance for that part. You will treat any Average Daily Balance which is a credit balance as zero.
e. How you compute the Finance Charge. You will compute the Finance Charge during the Billing Cycle for each part separately. For each part, you will multiply the Average Daily Balance for the Billing Cycle by the number of days in the Billing Cycle; then you will multiply the product by the Daily Periodic Rate in effect for that part during that Billing Cycle. The result is the Finance Charge for that part. You will then add up the Finance Charge for all the parts, to get the Finance Charge for the Account.
f. Minimum Finance Charge. If the Daily Balance of any part (excluding any balance on an Interest-free Installment Purchase part), on the last day of a Billing Cycle (the Statement Date), is greater than zero, and if the Finance Charge for the Billing Cycle is greater than zero but less than $2.00, you may assess a Finance Charge of $2.00 for the Billing Cycle.
g. Rate of Finance Charge. You will compute the Finance Charge on the Standard, Promotional and Financed Installment Purchases parts using the Daily Periodic Rate disclosed in the enclosed Important Disclosures. This corresponds to the ANNUAL PERCENTAGE RATE disclosed in the enclosed Important Disclosures. However, if you have disclosed a special promotional rate at the time you made the special offer, according to law, you will compute the Finance Charge on the Promotional Purchases parts using that special promotional rate.
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.
No Late Fee will be due if the reason the Payment is late is either:
(i) attributable to a Late Fee assessed on an earlier payment; or
(ii) because, after default, the entire balance on this Account is due.
b. Return Check Fee. You will charge me a service charge of $25.00 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 "not sufficient funds" in the account on which the check is written. You will not charge the service charge, however, if you redeposit the check and it is paid.
c. Fee for providing a copy of billing statement. Unless you are required by law to provide me with a copy of a billing statement for a Billing Cycle other than the current Billing Cycle, I agree to pay you a fee of ten dollars ($10.00) per billing statement if I request a copy.
11. MINIMUM PAYMENT DUE. The Minimum Payment will be due each Billing Cycle, on or before the Payment Due Date. The amount of the Minimum Payment Due will be the sum of the Monthly Plan Payments due on each Installment Purchase part plus the payment due for the revolving parts plus any amounts past due from previous Billing Cycles.
a. Revolving Parts. The payment due for the revolving parts will be the greatest of (A) $10.00; or (B) 3% of the sum of the balances on the revolving parts (excluding any balance subject to a Deferred Payment Option), on the last day of the Billing Cycle; or C) 1% of the sum of the balances on the revolving parts (excluding any balance subject to a Deferred Payment Option), on the last day of the Billing Cycle plus any Finance Charges assessed on the Account in that billing cycle (excluding any accrued Finance Charges on a balance subject to a Deferred Payment Option or a Deferred Interest Option that have been billed in that billing cycle), plus any Late Fees and Other Charges assessed on the Account in that billing cycle. The payment will be rounded down to the next whole dollar.
b. Installment Parts. The Monthly Plan Payment due for each Installment Purchase which has not reached its End Date and on which a balance is outstanding will be the installment payment amount I agree to when I make an Installment Purchase. The Monthly Plan Payments for an Installment Purchase will be calculated so that they are substantially equal over the term of the Installment Purchase. In no event, however, will the Monthly Plan Payment due for any Installment Purchase be greater than the outstanding balance due on that part of the Account. The Monthly Plan Payment due on the End Date may be more or less than the others, because it will be adjusted as necessary to pay the actual balance and accrued Finance Charge owing on the End Date.
12. PREPAYMENT. If I pay an amount greater than the Minimum Payment Due in any Billing Cycle, this will not affect the way you calculate the amount of the next Minimum Payment, and I will nevertheless make the Minimum Payment the next Billing Cycle. I MAY MAKE PAYMENTS IN ANY AMOUNT IN EXCESS OF THE MINIMUM PAYMENT AND MAY PAY THE ENTIRE BALANCE OR ANY PART OF IT AT ANY TIME PROVIDED THAT I PAY AT LEAST THE MINIMUM PAYMENT DUE IN EACH BILLING CYCLE WHEN IT IS DUE.
13. PAYMENT APPLICATION. You will use each payment that I make, when I am not in default, first to pay billed Monthly Plan Payments on the Installment Purchases (in any order you choose), then billed Finance Charge, then billed Other Charges, then the principal balance of the revolving parts (in any order you choose), and then any other amounts due.
14. BILLING STATEMENTS. You will provide me with a billing statement for each Billing Cycle in which:
a. You impose a Finance Charge to this Account; or
b. The New Balance is more than $1.00 (whether a credit or debit balance).
I agree to notify you in writing of any errors in the billing statement within 60 days from the date it is provided. 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 provide a billing statement to me if you deem this Account uncollectible or if delinquency collection proceedings have been started.
15. DEFAULT. I will be in default if any of the following happen:
a. If I fail to pay any Minimum 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 will be Terminated. You may refuse to make any new loans and may cancel any approved loans from the Account for any Purchase or transaction that has not yet appeared on a billing statement sent to me. 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 rates of Finance Charge applicable to this Account will continue to apply to the balances on this Account. A default under this Agreement is a default under every other account or loan which I have with you.
16. TERMINATION OF THE ACCOUNT.
a. 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.
b. I can terminate my Account by sending written notice to the address on the billing statement. c. If there is no debit or credit on this Account for twelve (12) consecutive months, you may terminate this Account without notice to me.
d. 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 Finance Charges until paid in full and I agree to pay the balance on this Account, the Finance Charges and all other amounts due in accordance with the terms of this Agreement. All other provisions of this Agreement will continue to apply.
17. YOUR LIABILITY. You have no responsibility for the failure of any Merchant to accept payment using the Bill Me Later Payment System. Your liability, if liability is provided under applicable law, for a wrongful failure to make a loan on this Account is limited to my actual damages. Failure to make a loan for any reason as provided under the terms of this Agreement will not be wrongful.
18. 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 (for example, the rate of Finance Charge on any or all the parts), 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.
19. REMEDIES CUMULATIVE. Your remedies under this Agreement shall be cumulative and not alternative.
20. 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.
21. 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.
22. COMMUNICATIONS CONCERNING DISPUTED DEBTS. ALL COMMUNICATIONS BY ME TO YOU CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT, WILL BE SENT TO: Bill Me Later, P.O. Box 5018, Timonium, MD 21094.
23. 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.
24. 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 Bill Me Later, PO Box 2394, Omaha, NE 68103-2394. I may also call you at your customer service telephone number 1-866-528-3733. 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.
25. GOVERNING LAW AND CONSTRUCTION. This Agreement has been accepted by you in the state of Utah, and all loans will be extended by you in the state of Utah. Regardless of the state of my residence or the place where the Merchant is located, I agree that the provisions of this Agreement relating to interest, charges and fees shall be governed by federal law and construed in accordance with federal law and, as made applicable by federal law, the law of the state of Utah. Other terms and provisions shall be governed by and construed in accordance with the law of the state of Utah, without regard to principals of conflicts of law, except to the extent preempted, superseded, or supplemented by federal law.
26. 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.
27. BORROWER'S BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE.
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 Bill Me Later, P.O. Box 5018, Timonium, MD 21094. 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 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 Finance Charges. 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 Finance Charges related to the questioned amount. If we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. 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.
Bill Me Later® Privacy Policy
This Privacy Policy is provided by CIT Bank, Salt Lake City, Utah (“CIT Bank”) and I4 Commerce Inc. (“I4 Commerce,” together “we,” “us” or “our”). CIT Bank is a Utah Industrial Bank and is the Lender of your Bill Me Later loan or credit account (your “Account”). Your Account is operated and serviced by I4 Commerce, a Delaware corporation. I4 Commerce will become the company to which you will owe the amounts due on your account. Unless we define capitalized terms in this Privacy Policy, they have the same meaning as those terms in the agreement between us and you that contains the terms and conditions of your Account.
This Privacy Policy applies to CIT Bank and I4 Commerce while you have a Bill Me Later® Account or owe any amounts charged to your Account. Please read this Privacy Policy carefully and keep it for your records. If you have another customer relationship with either CIT Bank or I4 Commerce (or Bill Me Later) the Privacy Policy governing that relationship may be different.
Our Commitment: Protecting the privacy of the nonpublic personal information (“Information”) you share with us is one of our top priorities. We value your trust and want you to understand what information we collect, how we keep it safe, and how we use it.
This Privacy Policy includes examples of the types of Information we collect and the kind of companies with which we may share such information. We give you these examples to help you understand our Privacy Policy; they are not a complete listing of our Information collection, use and sharing practices.
You may have other privacy rights in some states, such as Vermont and California. To the extent state laws apply, we will comply with them when we share Information about you. For example, if your Account has a Vermont address, we will not share credit report information about you with our related family of companies unless you permit us to do so or as otherwise permitted by law.
Please note, if you provide information to other companies from whom you purchase products and services using your Account, this Privacy Policy will not apply to the information those companies collect. Those companies’ privacy policies will govern how they collect, use and share information that you allow them to access.
Collection of Information
In order to give you products and services you request, to service your Account, and as we believe is helpful to decide your eligibility for products or services, we collect the following types of Information about you from the following sources:
Information We May Share and With Whom We May Share Information
We do not sell your Information to any outside organization without your consent. We do not disclose your Information to any of our related companies or outside organizations other than as described in this Policy.
Information Regarding Former Customers
We share Information about former customers with inactive or closed Accounts only as described in this Privacy Policy.
Our Security Procedures
We limit use of Information about you to those employees, agents or contractors who we believe have a legitimate business purpose to access such Information. We maintain physical, electronic and procedural safeguards that comply with or exceed federal standards to keep Information about you safe. We require companies working for us to protect Information. They agree to use it only to provide the services we ask them to perform for us.
Changes to This Privacy Policy
We may change or replace this Privacy Policy at any time. If we make material changes, we will provide current customers with a revised notice that describes our new practices or a link to the new privacy policy.
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