IMPORTANT MESSAGE FOR NEW CUSTOMERS
Following is the People Solutions Financial Agreement that governs the People Solutions Account you requested. Please read it carefully. If you reject the terms and conditions contained in the Agreement, you still have time to cancel your Account and avoid any finance charges and other costs.
If you wish to decline the terms and conditions contained in the Agreement, you must call 1-877-872-0180 within three days of receipt of the Agreement. You will need to provide your People Solutions Account number. The phone representative will either cancel your People Solutions order or arrange with you for another method of payment.
If you do not contact us, your acceptance of any products you purchased constitutes use of the credit offered and acceptance of the terms and conditions of the Agreement. Your acceptance of the Agreement will authorize People Solutions and/or its affiliates to request an advance of funds pursuant to the Agreement to pay for your purchase from People Solutions.
PEOPLE SOLUTIONS ACCOUNT PRELIMINARY CREDIT AGREEMENT
Offered and serviced by People Solutions Financial Services
Definitions. In this Agreement, the words "you" and "your" mean the person who applied for thisPeople Solutions Account. The words "we," "us," and "our" mean People Solutions, who is the lender. "Account" means your People Solutions Account, which will be governed by this Agreement.
Use of Your Account. Your use of the open-end credit offered pursuant to this Agreement, or its use by anyone you authorize, shall constitute acceptance of the terms of this Agreement. Your use of the Account also acknowledges that you are of legal age to enter into a binding agreement with us.
Billing Period. A Billing Period is the interval between monthly billing statements. The Statement Closing Date is the last day of the billing period for that statement.
Payment. You promise to pay us for all purchases charged to your Account plus any Finance Charge and any other charges that may be assessed as provided in this Agreement. You promise to pay at least the Total Minimum Payment Due as shown on your billing statement each month by the Payment Due Date. We will advise you of your Payment Due Date each month on your billing statement. Your Total Minimum Payment Due will include the Current Month Minimum Payment and all past due amounts. Your Total Minimum Payment Due will include the Current Month Minimum Payment and all past due amounts. You may pay all or any part of your balance at any time without penalty.
When Periodic Finance Charge Is Imposed. Finance Charges on purchases will begin to accrue with shipment of the product. However, for any Billing Period where the beginning balance is zero, you will not have to pay Finance Charges on a purchase shipped during that Billing Period if you pay the New Balance in full by the Payment Due Date as shown on the first billing statement on which your purchase appears. If your purchase is shipped in a Billing Period where the beginning balance is zero, and you do not pay the New Balance in full by the Payment Due Date, Finance Charges for the purchase will accrue from the date of shipment, but will not be reflected on the first billing statement on which your purchase appears. Instead, accrued Finance Charges from the date of shipment will be shown on your next billing statement if you do not pay the New Balance shown on this first billing statement in full by the Payment Due Date. Any purchases shipped in a Billing Period where the beginning balance is not zero will accrue Finance Charge beginning with shipment of the product until the purchase is paid in full. Finance Charges for purchases made in Billing Periods where the beginning balance is not zero will be shown on the first billing statement on which your purchase appears.
Finance Charges that accrue from the date of your statement to the date your payment is posted to your Account will not be imposed. In addition, from time to time we may offer Promotional Credit Plans, such as some of those described below, which allow you to repay certain purchases over a longer period of time and avoid Finance Charges.
If you fail to make a required payment and do not make that required payment by your next Payment Due Date or if you exceed your Credit Limit, your Account may be placed into Default Rate status. When an Account is placed into Default Rate status, all Promotional Credit Plans will automatically expire, all accrued Finance Charges in these plans will be added to your Account, and a higher corresponding Annual Percentage Rate will be applied to all balances in your Account. This Default Corresponding Annual Percentage Rate will be determined by adding a Default Margin to the Index.
The Standard and Default Daily Periodic Rates are determined by multiplying the Standard and the Default Corresponding Annual Percentage Rates by 1/365th (1/366th in a leap year).
The current Standard Corresponding Annual Percentage Rate is the rate that appeared on the previous Credit Approval page. This current Standard Corresponding Annual Percentage Rate, the current Default Corresponding Annual Percentage Rate, the current Standard and Default Daily Periodic Rates, the Margin and the Default Margin that will apply to your Account will be contained in the final People Solutions Account Credit Agreement that will be mailed to you.
The Index is the highest Prime Rate published in the "Money Rates" table in The Wall Street Journal during the 30 days immediately preceding the first day of your billing cycle. Any change in the Index will cause the corresponding Annual Percentage Rates to be adjusted as of the first day of your billing period that begins after the change.
Credit Limit. Your "Credit Limit" on your Account will be shown on your billing statement. You, not we, are responsible for preventing the balance on your Account from exceeding the Credit Limit. You agree not to make any purchases that would make the unpaid balance on your Account exceed your Credit Limit. If you exceed your Credit Limit, we may require you to immediately pay the excess, plus Finance Charges and an Overlimit Fee, as described below. You also agree that we may increase or lower your Credit Limit at any time. If your balance exceeds your Credit Limit, your Annual Percentage Rate may also increase.
Charges. The following fees, when imposed, will be added to your balance. The following amounts are our current fee charges. We reserve the right to change the fee schedule from time to time and, if we do so, we will give you any notice required by law. You may call Customer Service for a current fee schedule.
- A Late Payment Fee will be imposed if you fail to pay us the Total Minimum Payment Due in full by the Payment Due Date on your billing statement. The Late Payment Fee is as follows: Account balance less than $100 = $10 Late Payment Fee; Account balances equal to or greater than $100 and less than or equal to $500 = $29 Late Payment Fee; Account balances greater than $500 = $39 Late Payment Fee.
- An Overlimit Fee in the amount of $25.00 will be imposed for any billing period in which your balance (which includes Finance Charges and any fees) exceeds the Credit Limit on your Account.
- A Not Sufficient Funds Fee in the amount of $25.00 will be imposed if your bank returns your check or payment instrument to us unpaid, or will not honor your direct debit, or we cannot process such payment, for any reason. You will incur this Not Sufficient Funds Fee even if your payment is later honored by your bank upon subsequent presentment.
- Miscellaneous Fees may be imposed, including a charge for copies of billing statements that we are not required by law to furnish you without charge. The rates are: research time $15.00 per hour and billing statements $4.00 per copy.
- A Convenience Payment Fee of up to $15 per payment may be imposed for authorizing us to write a check or process a payment through the use of Automated Clearing House procedures or other electronic funds transfers on your checking account. This fee does not apply if you sign up for an ongoing automatic payment plan where payments are deducted routinely from a designated account.
|
Form of Payment. All payments must be in U.S. Dollars, and be made by check, money order, electronic funds transfer or such other means as we may expressly permit. Do not send cash. Payments made via a credit card will not be accepted. Any payment made using a check or draft may not be processed or applied to your Account if it is postdated; incomplete (such as when a signature is missing); the numeric amount is different than the written amount; or it is not made payable in accordance with the instructions on your billing statement. All credits for payments on your Account are subject to final payment by the institution on which the item of payment was drawn. If you send a check as payment, you authorize Lender to clear your check electronically. These checks are not returned with your bank statement.
Generally, we will not accept any payment that is not drawn either on a financial institution located in the U.S. or the U.S. Post Office. If we do, we may charge you any bank collection fees we incur. We can accept late or partial payments, and payments that are marked with restrictive endorsements such as "payment in full," without losing any of our rights.
Application of Payments. In our sole discretion, we will decide how to apply the payments on your Account. Although we apply payments as of the date we receive them if they are paid in accordance with this Agreement and the instructions on the billing statement, your available Credit Limit may not reflect credit for your payment for up to ten days after we receive your payment. In some circumstances, restoring your total available credit may be further delayed.
Default. Your Account will be in default if: (1) you exceed the Credit Limit in effect on your Account; (2) you fail to pay when due any amount owed under this Agreement; (3) you fail to pay any of your debts to other creditors as they become due; or (4) you made any misrepresentations to us in applying for credit. If you are in default we may require you to pay the total outstanding balance on your Account immediately. We do not have to notify you or demand payment in order to take this action. As described below under Account Cancellation, we can cancel or suspend your right to charge additional purchases to your Account at any time.
Collection Costs and Attorney Fees. As permitted by law, you agree to pay all reasonable attorney fees, court costs and other collection costs actually incurred by us in the collection of any amounts you owe us under this Agreement or which are incurred by us in the event of your bankruptcy or insolvency.
SECURITY INTEREST. To the extent permitted by applicable law, you hereby grant to us and we are retaining a purchase money security interest under the Uniform Commercial Code in the merchandise purchased on your Account until such merchandise is paid for in full. You agree to assist us in executing any documents necessary to perfect our security interest. If you do not make a minimum payment due on your account by the date on which it is due, we may repossess any merchandise that has not been paid for in full.
Account Cancellation. You may cancel your Account at any time by notifying us in writing. We may at any time and for any reason, without prior notice, refuse to authorize any purchase on your Account, or suspend your Account and your right to use your Account. In addition, we may at any time and for any reason, without prior notice, cancel your Account. Upon cancellation, we may require you to pay the full outstanding balance of your Account. No cancellation or suspension of your Account will affect your obligation to pay any amount you owe us under this Agreement. You agree that you will not try to make a purchase after you have been notified that your Account has been cancelled.
Final Agreement. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement.
Amendments to This Agreement. We may change or terminate the terms in this Agreement or the services or features of your Account (including increasing your Finance Charges) at any time. We may also add new terms to this Agreement or services and features to your Account. Any change in terms or any new terms may apply to any outstanding balance as well as on subsequent transactions and balances. To the extent required by law, we will notify you in advance of any changes in terms or any new terms by mailing a notice to you at your address as shown on our records.
Assignment of Account. We may sell or transfer your Account or any amounts owed on your Account to another person at any time without prior notice to you. If we assign your Account, this Agreement will still be in effect and any successor will have our rights in this Agreement to the extent assigned. You shall not have any right to transfer your Account or assign this Agreement to anyone.
Telephone Monitoring. Your telephone communications with us may be monitored and recorded, in accordance with applicable law, to improve customer service and security.
Change of Address. If you move or change your billing address or e-mail address, you agree to notify us of your new address in writing or online at www.bestsolutionspro.com.
Authorized Users. You may authorize the use of your Account by another person. You will be liable for all use by such a person, and you agree to pay all amounts incurred by the use of your Account that are made by you or anyone whom you authorized to use your Account.
Credit Investigation and Reporting. You agree that we may investigate your credit in connection with the initial extension, review, or collection of your Account. You agree that we may examine employment and income records and verify your credit references and also may report to credit reporting agencies, merchants, and other creditors the status and payment history of your Account.
Delay in Taking Action. We will not lose any of our rights under this Agreement if we delay taking action for any reason. To the extent allowed by law, we may take other action not described in this Agreement, and by doing so will not lose our rights under this Agreement.
Severability. If any provision of this Agreement is found to be unenforceable, all other provisions shall remain in full force and effect.
Applicable Law. The laws of the United States of America, including the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the "FAA"), and the laws of the State of Utah apply to and govern this Agreement and your use of your Account.
Limitation on Product Claims. You agree that with respect to any purchase financed by the use of this Account: (1) you will select each product you purchase; (2) we are only financing the purchases at your request; (3) we do not directly or indirectly offer, sell, select, or provide any products you purchase; and (4) we are not a seller, supplier, merchant, or warrantor. Consequently, except as otherwise provided in the Notice below as required by 16 CFR 433.2, you agree that claims relating to your purchases, including any defect or warranty related to the purchases, are not our responsibility.
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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
COURT PROCEEDING NOTICE
All disputes related to this financial agreement must be taken place at the Municipal Court of Philadelphia.
STATE SPECIFIC DISCLOSURES
As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we inform customers that should they fail to fulfill the terms of their credit obligation, a negative report reflecting on their credit record may be submitted to a credit reporting agency. If you are married, you may apply for a separate account in your own name.
NOTICE FOR OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy 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.
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Sec. 766.59 Wis. Stats., or a court decree under Sec. 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
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 People Solutions, Attn: Billing Inquiry Department, 10633 St. Thomas drive, Philadelphia, PA 19116. Write to us as soon as possible. We must receive your written inquiry no later than 60 days after we have sent you the first bill on which the error or problem has 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 Finance Charges, and we can apply any unpaid amount against your credit limit. 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 we made a mistake on your bill, you will not have to pay any Finance Charges related to any 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 billing statement showing 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 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. When the dispute is finally settled, we will tell anyone we report you to that the dispute has been resolved.
If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. |
