Master
Agreement
The purpose of the National Cash Lenders Master
Cash Advance Agreement is to make you, our customer, fully aware
and informed of all terms and conditions of our policies, as well
as all federal and State of Delaware regulations as required by
law.
We value the opportunity to serve your needs and
want you to be completely satisfied and comfortable in all transactions
with National Cash Lenders.
FEDERAL DISCLOSURE REQUIREMENTS
Regulation B in Federal Law prohibits the consideration of Age,
Sex, Race, Ethnicity, Gender, National Origin, or Handicap as
a basis for making anyone a loan (as in our cash advance Program).
National Cash Lenders, through its website does not discriminate
based on any of these factors. In addition National Cash Lenders
will not enter into or maintain vendor/reciprocal information
service type relationships with anyone who does not conform to
these anti-discriminatory practices.
Regulation Z in Federal Law requires the full disclosure
of all costs and terms associated with any credit purchase or
transaction (such as this cash advance) and further requires that
the costs associated with the transaction be expressed as an annual
percentage rate of interest or A.P.R. Below all costs, terms and
rates associated with the National Cash Lenders cash advance program
are given.
Federal Truth in Lending Act (T.I.L.A.)
National Cash Lenders Terms and Conditions.
| Cash
Advance Amount
(Amount Financed)
|
Cash Advance Fee
(Finance Charge
At $20 per $100 Fee)
|
Total
of Advance Transactions
(Total of Payments) |
Term
of Cash
Advance
|
Annual
Percentage Rate
(A.P.R.) |
| 1 |
2 |
3 |
4 |
5 |
| $100.00 |
$20.00 |
$120.00 |
Due on your nearest payday
(maximum of 15 days) |
|
| $200.00 |
$40.00 |
$240.00 |
| $300.00 |
$60.00 |
$360.00 |
| $400.00 |
$80.00 |
$480.00 |
| $500.00 |
$100.00 |
$600.00 |
| $600.00 |
$120.00 |
$720.00 |
| $700.00 |
$140.00 |
$840.00 |
$800.00 |
$160.00 |
$960.00 |
| $900.00 |
$180.00 |
$1080.00 |
| $1000.00 |
$200.00 |
$1200.00 |
$1100.00 |
$220.00 |
$1320.00 |
$1200.00 |
$240.00 |
$1440.00 |
$1300.00 |
$260.00 |
$1560.00 |
$1400.00 |
$280.00 |
$1680.00 |
$1500.00 |
$300.00 |
$1800.00 |
$1600.00 |
$320.00 |
$1920.00 |
$1700.00 |
$340.00 |
$2040.00 |
$1800.00 |
$360.00 |
$2160.00 |
$1900.00 |
$380.00 |
$2280.00 |
| $2000.00 |
$400.00 |
$2400.00 |
 |
1
Cash Advance Amount - This
is the Amount Financed - The amount of cash advance provided
to you.
2 Cash
Advance Fee - This is the Finance Charge - The dollar amount
the cash advance will cost you.
3 Total
of Advance Transaction - The amount you will have to pay after
you have made payment as scheduled.
4 Term
- This is when the cash advance total payment is due.
5 Annual
Percentage Rate - The cost of your advance as a yearly rate.
|
Extension of Payment Requirements
National Cash Lenders will allow you to extend the original cash
advance under the following terms. Four (4) extensions are allowed.
After that, an additional amount equal to the extension fee will
be automatically debited and applied toward the balance with each
extension request until the balance is paid in full.
All extension of payment requests, must be submitted
online and must be received BY 11 AM (EST) the business day prior
to your original due date to be processed. We cannot accept extension
requests by email.
Electronic Funds Transfer
(EFT) Agreement and Disclosure
This authorization is for those single or multiple entries necessary
to complete the original entries' authorization amount and may
be resubmitted if the original entry is returned by the customer's
financial institution. In the event the EFT is returned unpaid,
an additional $30.00 Return Fee or maximum legal amount may be
electronically withdrawn.
It is the policy of National Cash Lenders to expedite
all debits and credits as soon as possible upon approval; however,
unavoidable delays can result with the processing company as a
result of inadvertent processing errors, acts of God, etc. Normal
processing time should not exceed two (2) business days under
most circumstances but may exceed that in extraordinary circumstances.
Pre-Authorized Electronic
Funds Transfer Payments
With this EFT Agreement, which is part of the Master Cash Advance
Agreement, the customer authorizes National Cash Lenders, to initiate
debit/credit entries to the customer's account for all payments
due, including any returned unpaid item fees due, on which the
subject of this agreement is drawn and the Financial Institution
in which the account is held to debit/credit the same to such
account. This authority is to remain in full force and effect
until National Cash Lenders and the subject Financial Institution
have received written notification from the customer of its termination
in such time and in such manner as to afford National Cash Lenders
and the Financial Institution a reasonable opportunity to act
on it. You understand and agree that you may revoke this ACH/EFT
authorization only after all payments are completed and National
Cash Lenders is paid in full.
Further, by submitting the application form, the
customer authorizes National Cash Lenders and the customer's current
verified financial institution (even if the financial institution
and/or account numbers are different than those on the original
application) to initiate debit (ACH or bank draft) and credit
entries as necessary when an original ACH/ EFT transaction is
returned unpaid or unable to complete. The customer authorizes
National Cash Lenders and/or assigned collection company to submit
ACH/ EFT and/or bank draft debits for partial payments of cash
advances and fees (such partial payments shall be credited first
to fees payable, then to cash advance principal payable); as necessary
to allow full repayment of the cash advance and any/all associated
fees to be completed. The customer authorizes National Cash Lenders
(and its EFT Processor) to make electronic funds transfers (EFT),
both debit and credit entries, to and from any bank account of
the customers at any institution, from time to time, for fixed
and variable amounts, including recurring transactions and point-of-sale
transactions, according to the terms of the customer's agreement
with National Cash Lenders. The customer understands and agrees
that National Cash Lenders does not need to notify the customer
prior to any recurring debit entry for a fixed amount, or prior
to any point-of-sale debit entry initiated by the customer, or
prior to any credit item.
YOUR PROMISE TO PAY
You promise to pay us the Amount Financed, the Finance Charge
and other permitted charges according to the Federal Truth-In-Lending
Disclosures. You acknowledge and agree that you are indebted to
us in the amount of the Total of Payments, and that the amounts
set forth in the Federal Truth-In-Lending Disclosures are not
in dispute.
You have made promise to pay us or to our order,
(per your electronic signature on original advance application
of Master Agreement) in one payment on the date indicated in the
payment schedule, or if extended payment request was submitted
and processed, the total of payments on or after the next date
your cash advance comes due. You authorize us to effect this payment
by one or more ACH/EFT debits and or demand bank draft debit entries
to your account of your financial institution (bank or credit
union) until this cash advance comes due. You authorize us to
effect this payment by one or more ACH/EFT debits and or demand
bank draft debit entries to your account of your (bank or credit
union) financial institution until this cash advance note is paid
in full. You have confirmed that you are not in bankruptcy proceedings,
nor do you contemplate or plan on filing bankruptcy in the future.
You promise to keep open and maintain an adequate
balance in your account to assure all payments are made to us
in a timely manner on the scheduled due date(s), until this cash
advance note is paid in full. I agree and confirm this online
cash advance transaction is due in full on my next nearest pay
date, unless an extension of payment request is submitted and
accepted by National Cash Lenders LLC. An extension of payment
fee will be debited on the original due date, and then the original
advance amount plus original fee will become due in full on my
next scheduled pay date. You agree that by submitting completed/
signed NationalCashLenders.com internet request forms as a matter
of convenience, hereby constitutes the same legal and binding
document as providing National Cash Lenders LLC with your personal
post dated check, in the amount of the cash advance plus associated
fees, for the scheduled and authorized repayment of the cash advance
amount that, upon approval, will be credited by ACH/EFT to your
financial institution account.
If National Cash Lenders is unable to collect payment
from your provided account for any reason to effect debit entries
as agreed, you promise to pay us all sums you owe immediately,
by making payment in full by using Western Union Quick Collect
process. If in default, you authorize National Cash Lenders and/or
their designated collection agency to continue initiating ACH
/ EFT or bank draft debit entries of your financial institution
account for full and/or partial payments of cash advance and associated
costs as necessary until all total amounts owed are paid in full.
I agree, to the extent permitted by law that I
will not bring, join, or participate in any class action or multi-plaintiff
action as to any claim, dispute, or controversy I may have against
National Cash Lenders LLC. I agree to the entry of injunctive
relief to stop such a lawsuit or to remove myself as a participant
in the suit. This agreement does not constitute a waiver of any
of my rights and remedies to pursue a claim individually.
Arbitration: Both parties agree that any claim,
dispute, or controversy between us, any claim by either party
against the other or the agents, services, or assigns of the other
are to be arbitrated on an individual basis, and it is not the
intent of the parties that arbitration should proceed on a class
basis. Rules and form of the NAF may be obtained and all claims
shall be filed at any NAF office on the World Wide Web at www.arbforum.com
or at P.O. Box 50131, Minneapolis, MN 55405. Any arbitration hearing,
if one is held, will take place at a location near your residence.
Your arbitration fees will be waived by the NAF in the event you
cannot afford to pay them. This arbitration agreement is made
pursuant to a transaction involving interstate commerce and shall
be governed by the Federal Arbitration Act 9. USC Section 1-18.
Judgment upon the award may be entered by any party in court having
jurisdiction. Notice: Both parties have had the right or opportunity
to litigate disputes through a court but we have agreed instead
to resolve disputes through binding arbitration.
RETURN OF PAYMENT POLICY
If the customer's pre-authorized payment is returned to National
Cash Lenders as uncollected due to NSF (non-sufficient/uncollected
funds), the customer agrees to have payment automatically rescheduled
for a repayment date (generally the following pay date) to include
fees associated with the return, fees associated with the continued
use of advanced amount for the additional period of time over
the maximum allowed of 15 days, and the original advance plus
fee, that will be presented to customers account with up to five
(5) separate ACH/EFT transactions to obtain payment in full. National
Cash Lenders LLC will reschedule payments by ACH/EFT with subsequent
additional fees incurred each time for the continued use of the
original advance balance amount, together with previous returned
payment fees a maximum of two (2) additional times in attempt
to have all payments completed and have National Cash Lenders
paid in full. If National Cash Lenders LLC
is still unsuccessful in obtaining payment, and customer in default
has not made payment of balance owed by Western Union Quick Collect
process, the account in default will be transferred to our designated
Law Collection firm and litigation/collection procedures will
begin. National Cash Lenders LLC may also file a claim for a civil
judgment award against the customer with the National Arbitration
Forum for all monies, fees, and costs associated with obtaining
payment in full. Upon award of judgment against customer in default
which is final and binding, the judgment award will be filed in
the civil court in the jurisdiction of the defaulted customer's
county of residence. The customer in default will be responsible
for all additional costs associated with obtaining payment in
full (National Arbitration Forum fees, collection fees, court
and attorney fees, etc.)
If the customer's pre-authorized payment is
returned to National Cash Lenders as
uncollected due to any other reason, and customer has not
contacted our office immediately upon notice, to obtain Western
Union payment instructions, and subsequent payment in full is
not obtained by Western Union Quick Collect process, the customer's
account will AUTOMATICALLY be forwarded to our collection Law
Firm and collection procedures will begin immediately. The
customers' defaulted account may also be transferred to the National
Arbitration Forum where a claim for civil judgment will be filed
against the customer in default. Upon award of claim, which is
final and binding, the award of judgment will then be filed in
the county court of your residence for payment in full. The customer
in default, is responsible for all additional costs associated
with obtaining payment in full (National Arbitration Forum fees,
collection fees, court, and attorney fees). In addition,
the customer in default will be reported to TeleTrack, TeleCheck,
and SCAN.
As per the customer's signed agreement, all disputes
of payment may also be forwarded to The National Arbitration Forum
and a claim for judgment will be filed against the customer in
default. Upon award of claim, which is final and binding, the
customer in default will be responsible for all additional costs
associated with obtaining payment in full ( National Arbitration
Forum fees, collection fees, court and attorney fees). In addition,
the customer in default will be reported to any or all of the
following: TeleTrack, TeleCheck, Scan, TransUnion, Experian, and/or
Equifax.
ADDITIONAL TERMS AND CONDITIONS
OF THIS AGREEMENT
Prepayment: You may prepay your obligation under this Agreement
in full at any time without penalty.
Method of Payment:
Your electronic authorization in the amount of the Total of Payments
stated in the Federal Truth-In-Lending Disclosures and dated as
of the date indicated in the Payment Schedule stated in the Federal
Truth-in-lending Disclosures (the "Payment Date") will
be held by us until the Payment Date as security for this advance.
You agree that we may debit your account for the Payment if you
have not paid us in cash or by cashier's check, money order, or
other immediately available funds the amount of Total Payments
before noon (EST) on the Payment Date. If payment is made prior
to the EFT/ACH payment date, we will cancel the electronic authorization
at the time we receive payment.
Returned Payments:
In the event your electronic payment of any amount due under this
agreement, and upon presentment to the named Drawee, is returned
due to insufficient funds or credit, stopped payment, or closed
account, or any other reason, we shall assess a $30 returned fee.
Documentation: I
agree that electronic mail, electronic forms, records, photocopies,
and /or facsimile copies of the documents I submit are valid and
enforceable as the original. I agree that by typing my name as
my electronic signature, it is acknowledged and understood that
it constitutes an acceptance of all terms and conditions of the
master cash advance agreement and is valid and enforceable.
Prepayment: You may
prepay all or any part of the amount due under this Agreement
at any time without penalty. If the advance is prepaid before
the final installment date, you shall receive a rebate of the
unearned Finance Charge. The unearned portion shall be calculated
on a pro-rata basis using a percentage derived by dividing the
number of days from payment until maturity by the total number
of days of the original loan term. NO rebate less than $5.00 is
required.
By signing and submitting the application form,
I understand and agree to all terms and conditions of this Master
Agreement and by submitting the online information application
by Internet, I am applying for a cash advance and certify that
information provided by me is true and correct under penalty of
perjury. I agree that upon submission of my electronic signature,
I am not presently involved in, nor contemplating bankruptcy now
or in the future. I authorize you to verify the information in
this application and hereby give National Cash Lenders consent
to obtain information on me from a consumer reporting agency or
other various means available. I understand National Cash Lenders
reserves the right to decline an applicant at any time, with cause
determined by judgment of risk, upon completion of due diligence
of applicant. In order to process this application, I understand
verification of the information I have provided is necessary,
including, but not limited to, proof of residence, employment
and bank account verification. I accept personal responsibility
for safeguarding any PIN or CUSTOMER NUMBER that might be assigned
to me.
These transactions shall take place in the State
of Delaware and Delaware Law shall govern all aspects thereof
except as federal laws may apply.
(Be sure you fully understand
the National Cash Lenders program and procedures before signing
and submitting forms as acceptance. If you are unsure, please
take time to review or contact a customer service representative
to answer any questions you may have.)
DELAWARE
Licensed Lenders Regulations
Itemized Schedule of Charges
(5 Del. C. . §§2218 and 2231)
The Delaware State Licensed Lenders Regulations
and Itemized Schedule of Charges are available electronically
on the website of National Cash Lenders. (to review click on "Delaware"
above.)