Installment Loan Agreement Terms
Late Charge: You will not be charged a late fee if you do not make your payment on time.
Prepayment: You will not pay a penalty or additional fee if you pay off your loan early.
When Payments Are Due: Your payment will be due on the same day each month based on the day the loan is issued. If this day is the 29th, 30th or 31st day and the particular month does not include that day (for example. your payment is due on the 31st day of each month but February has 28 days (except in a leap year)), your payment will be due on the last calendar day of that month (in the example, your February payment would be due on February 28).
Loan Proceeds: The loan proceeds, or the Amount Financed, will be paid directly to your Medical Care Provider identified above on your account. The loan proceeds will not be disbursed directly to you.
Use of the words “you” and “your” throughout this Loan Agreement refer to the borrower listed above, and the words “we,” “us,” and “our” refer to the Lender listed above or its assignees.
- Promise to Pay. The Loan Agreement governs your repayment to us in connection with funds we disbursed at your direction and on your behalf to the above Medical Provider. You promise to pay to Lender the principal sum reflected above as the “Amount Financed” in addition to any fees or other charges described herein (the “Loan”) until the Loan is paid in full.
- Distribution of Loan Proceeds and Continuing Obligation of Borrower to the Medical Provider. We agree to disburse the Loan proceeds under this Loan Agreement to the Medical Provider indicated above. Lender has assumed from the Medical Provider its repayment rights with respect to your debt to the Medical Provider. In the event of your default under this Loan Agreement, the repayment rights will be transferred back to the Medical Provider. You will remain obligated to pay to the Medical Provider the outstanding balance under this Loan if you default under this Loan Agreement. If the rights to repayment are transferred back to the Medical Provider, the full amount of the outstanding balance of your Loan (equal to the “Amount Financed” less any regular payments made to us) will be due and owing to the Medical Provider immediately, and the above payment schedule will not apply, unless the Medical Provider agrees to an alternate payment schedule.
- THERE ARE NO FINANCE CHARGES AND NO INTEREST PAYMENTS ASSOCIATED WITH THIS AGREEMENT.
- Timing and Application of Payments. You agree to make payments in accordance with the estimated payment schedule described on the first page of this Loan Agreement provided that you will be obligated to make minimum monthly payments in the amounts and on the dates shown on your statements. You agree that all other terms and disclosures of this Loan Agreement will remain in full force and effect. Once the initial payment due date is set, the payment due date will be the same day each month. Subject to applicable law, we may apply payments to the amounts you owe under this Loan Agreement in any order we choose. You may not tell us how to apply payments. Any partial prepayment will be applied against the outstanding balance, but will not postpone the due date of any subsequent monthly installments or change the amount of any such installments, unless we otherwise agree in writing.
- Payment Method and Address. Unless automatic payments are authorized in connection with this Loan, you agree to make payments by mailing a check or money order to 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, by making a phone payment by dialing 1-888-889-7033, or by making an online payment at www.hfaloan.com. You agree not to send us partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, we may accept it without losing any of our rights under this Loan Agreement. All written communications concerning disputed amounts, including any check or other payment instrument that (i) is postdated and accompanied by adequate notice, (ii) indicates that the payment constitutes “payment in full” of the amount owed, (iii) is tendered with other conditions or limitations or (iv) is otherwise tendered as full satisfaction of a disputed amount, must be marked for special handling and mailed or delivered to us at 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, Attention: Disputes.
- Disputes Relating to this Loan Agreement. If you have any complaint or dispute relating to or arising out of this Loan Agreement, you should contact us at 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, Attention: Disputes, or by calling 1-888-889-7033. You may also email us at email@example.com. We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
- Disputes Relating to Healthcare Services. Any dispute relating to the underlying healthcare services for which this Loan is obtained must be managed directly by you with the Medical Provider and you will remain to make all payments still outstanding under this Loan Agreement when due. In the event the Medical Provider agrees to a refund or reduction to the cost of the underlying healthcare services, such amount shall be delivered by the Medical Provider to us to apply to your outstanding Loan balance and any amounts received in excess of your outstanding Loan balance will be returned to you.
- Default. Subject to applicable law, you will be in default (“Default ”) if any of the following events occur:
a. You have made any false or misleading statement(s) in your application for the Loan subject to this Loan Agreement or any other account that you may have with us;
b. You fail to make a payment within 60 days of when it was due under this Loan Agreement or any other loan agreement that you may have with us;
c. You fail to comply fully with any term or condition of this Loan Agreement or any other loan agreement that you may have with us;
d. You file or someone else files against you a petition in bankruptcy; or
e. You die.
- Remedies on Default. If you are in Default, your repayment obligation will be returned to the Medical Provider and this Loan Agreement will be of no further force or effect. You are obligated to pay to the Medical Provider the outstanding balance under this Loan if you default under this Loan Agreement. If the rights to repayment are transferred back to the Medical Provider, the full amount of the outstanding balance of your Loan (equal to the “Amount Financed” less any regular payments made to us) will be due and owing to the Medical Provider immediately, and the above payment schedule will not apply, unless the Medical Provider agrees to an alternate payment schedule. The Medical Provider retains all rights as the original obligee with respect to amounts due from you to the Medical Provider and may, in its discretion, pursue any and all rights to repayment including but not limited to the collection of such amounts as permitted by applicable law and any agreements between you and the Medical Provider.
- Inaccurate Information. If you believe that we have information about you that is inaccurate or that we have reported or may report inaccurate information about you to a credit bureau, please notify us of the specific information that you believe is inaccurate by writing to us at 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, Attention: Disputes. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please send a copy of that report to us as well.
- No Waiver by Us. We will not be deemed to have waived any of our rights by delaying the enforcement of any of our rights. If we waive any of our rights in writing on one occasion, that waiver does not constitute a waiver by us of our rights on any future occasion.
- Telephone Consumer Privacy Act Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, Loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. You may withdraw your consent to this section at any time by contacting us at 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, by calling 1-888-889-7033, or by emailing us at firstname.lastname@example.org.
- Electronic Transactions. This agreement is fully subject to your consent to electronic communications and disclosures previously provided.
- ARBITRATION AND JURY TRIAL WAIVER
NOTE: If you are a Covered Borrower under the Military Lending Act Regulations, you are not required to submit to arbitration in the case of a dispute. If you were a Covered Borrower under the Military Lending Act Regulations with regard to any prior agreement, this arbitration clause does not cover any claims related to that prior agreement.
You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Loan Agreement or the loan (individually and collectively, a “Claim”). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:
(a) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.
(b) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
(c) The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed.
(d) Other rights that you would have if you went to court might also not be available in arbitration.
If arbitration is elected, any claim will be resolved pursuant to this provision and the American Arbitration Association (“AAA”) rules and procedures (“Rules”) in effect at the time the claim is filed. If for any reason the AAA is unable or unwilling or ceases to serve as arbitration administrator, another nationally recognized arbitration organization utilizing similar rules and procedures will be substituted by us. If the AAA is selected, the arbitration will be handled according to its Consumer Arbitration Rules.
This provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U. S. C. §§ 1 et seq., as amended (“FAA”). The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered by the AAA, which will reconsider de novo any aspect of the initial award requested by the appealing party. The decision of the panel will be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal.
You may obtain rules and forms for the AAA by contacting the AAA at 1-800-778-7879 or www.adr.org.
Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will temporarily advance your filing and hearing fees for any Claim you may file against us. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. Unless inconsistent with applicable law, each party will bear the expense of that party’s attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. We will also pay any fees or expenses that applicable law requires us to pay.
This provision will survive termination of your account, as well as the repayment of all outstanding amounts incurred in connection with this Loan Agreement. If any portion of this provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not invalidate the remaining portions of this arbitration provision or this Loan Agreement. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision will govern.
- Choice of Law. We are located in the State of Tennessee, this Loan Agreement is entered into in the State of Tennessee, and funds for loans are disbursed from Tennessee. The provisions of this Loan Agreement will be governed by federal laws and the laws of the State of Tennessee to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.
- Entire Agreement. This Loan Agreement and all written documents and disclosures consented to during the course of applying for the Loan constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.
- Amendments. Any changes to this Loan Agreement must be in writing signed or electronically consented to by Borrower and Lender.
- Miscellaneous. Any waiver of a breach of any provision of this Loan Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of this Loan Agreement will not constitute a waiver of such term or condition. Without limiting the foregoing, we may extend the time to make a payment without extending the time to make other payments, accept late or partial payments without waiving our right to have future payments made when they are due, or waive any fee without losing the right to impose that fee when due in the future. If at any time after the date of this Loan Agreement, any of the provisions of this Loan Agreement shall be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality and unenforceability of such provision shall have no effect upon and shall not impair the enforceability of any other provisions of this Loan Agreement. The headings in this Loan Agreement are for reference purposes only and shall not affect the interpretation of this Loan Agreement in any way.
- Military Lending Act. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Federal law requires that you receive a clear description of your required payments. Please review the disclosures and your credit agreement carefully to understand your payment obligations. To hear these disclosures over the telephone, call the following toll-free number 1-888-889-7033.
- State Disclosures:
For California Residents: This agreement is made pursuant to a California Finance Lenders Law license, # 60DBO-109407. FOR INFORMATION CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. As required by California law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations. A married applicant may apply for a separate account. If Originator takes any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis.
For Maryland Residents: This loan is made pursuant to the Credit Grantor Closed-end Credit Provisions of Title 12, Subtitle 1 of the Maryland Commercial Law Article (Md. Code Ann., Com. Law § 12-1001 et seq.).
For North Dakota Residents: NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER’S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
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 the law.
For South Dakota customers: If there are any improprieties in the making of this loan or in any loan practices, please refer to the South Dakota Division of Banking: South Dakota Division of Banking 1601 N. Harrison Ave, Suite 1, Pierre, South Dakota 57501; (605) 773-3421.