EQUITY AUTO FINANCE, INC - Terms and Conditions You have a choice of a One Time Payment and Recurring Payment. The table in the Definitions section applies only to One Time and Recurring Payments. DEFINITIONS This Online Bill Payment Service is offered by Equity Auto Finance, Inc. (referred to in this Agreement as "we", "our", "us", or similar pronouns); "you", "your", or "yours" refers to you, the user of this Online Bill Payment Service and obligor on an Equity Auto Finance, Inc. automobile loan (your "Loan Account"); "Payment Instruction" means the information provided by you to us for an electronic payment to be applied to your Account with us (such as, but not limited to, the amount, your account number, and the date on which you want the payment applied); "Bank Account" means your checking or money market account from which all electronic payments will be made; "Business Day" means Monday through Friday, excluding Federal Reserve holidays; "Payment Date" means the day of your choice upon which your electronic payment will be applied and your Bank Account will be debited; and, "Cutoff Time" is the latest day and time by which you must enter Payment Instructions into the Online Payment Service to have your payment applied on the Payment Date.

 

ONLINE BILL PAYMENT SERVICE By providing us with your Bank Account information and agreeing to these terms and conditions, you authorize us to follow the Payment Instructions that we receive through the Online Bill Payment Service. When we receive a Payment Instruction, you authorize us to debit your Bank Account and obtain funds on your behalf so that the funds arrive as close to the Payment Date designated by you as reasonably possible. You also authorize the financial institution that holds your Bank Account to debit your Bank Account. While it is anticipated that most transactions will be processed on your selected Payment Date, it is understood that due to circumstances beyond our control, some transactions may take additional time to be applied to your Loan Account. If you properly follow the procedures described herein, including submitting your Payment Instruction prior to the Cutoff Time, and we fail to process a payment according to the Payment Instructions received, we will reverse any late charges incurred as a result. In any other event, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. We will use our best efforts to process all your payments properly. If we do not complete a payment on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages to the extent required by federal law. However, there are some circumstances where we will not be liable. We will not be liable, for instance:

 
1. If, through no fault of ours, you do not have enough money in your account to make the transfer;
2. If the financial institution holding your Bank Account refuses or is otherwise unable to honor a debit that has been originated by you through us and returns that transaction to us unpaid, through no fault of ours;
3. If you have not provided us with your correct Bank Account information, or did not give us the Payment Instruction in accordance with the terms of our agreement;
4. If circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction, despite reasonable precautions that we have taken.
 

PASSWORD AND SECURITY Your Online Customer Care password will be used to access the Online Bill Payment Service. You agree not to give or make available your Online Customer Care password or allow access to the Online Bill Payment Service to any unauthorized individuals. You are responsible for all electronic payments you authorize using the Online Bill Payment Service. If you permit other persons to use your Online Customer Care password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your Online Customer Care password or other means to access your account has been lost or stolen or that someone may attempt to, or has transferred money without your permission, you must notify us at once by calling Internet Technical Support at (754) 222-6121 for Gustavo G. or (754) 222-6120 for Jessica M. from 8 a.m.-6 p. m. ET Monday-Friday.

 

PREAUTHORIZED TRANSFERS AND STOP PAYMENT If you have told us in advance to make regular payments out of your Bank Account, you can cancel any payments that are in a "scheduled" status. To do so, go online and select the "cancel" option located next to the payment you would like to cancel. You can also call us at (754) 222-6121 for Gustavo G. or (754) 222-6120 for Jessica M., or write us at Attention: Customer Care Internet Department, Equity Auto Finance Inc., 2700 West Cypress Creek Rd A101, Fort Lauderdale FL 33309 in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to cancel one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

 

YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS Tell us AT ONCE if you believe your Online Customer Care password or other means to access your account has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within four (4) business days, you will not lose any money. Any electronic payments sent without your authorization will be refunded to your Bank Account and any related credits to your Credit Account will be reversed. If you do NOT tell us within four (4) business days after you learn of the loss or theft of your Online Customer Care password or other means to access your account, and we can prove that we could have stopped someone from using your password or other means of access without your permission if you had told us, you could lose as much as $500. Also, if your statement shows a transfer that you did not make, tell us at once. If you do not tell us within 90 days after the statement was mailed to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Online Customer Care password or other means to access your account has been lost or stolen, or that someone has used or may use the Online Bill Payment Service to transfer money from your Bank Account without your permission, call: (754) 222-6121 for Gustavo G. or (754) 222-6120 for Jessica M., or write: Equity Auto Finance, 2700 West Cypress Creek Rd A101, Fort Lauderdale FL 33309.

 

QUESTIONS ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH THE ONLINE BILL PAYMENT SERVICE MUST BE DIRECTED TO US (Equity Auto Finance.) AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the Online Bill Payment service and for resolving any errors in transactions made with the Online Bill Payment service. We will not send you a periodic statement listing transactions that you make using the Online Bill Payment service. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE CONFIRMATION PAGE YOU ARE GIVEN WHEN YOU USE THE ONLINE BILL PAYMENT SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ONLINE BILL PAYMENT TRANSACTIONS Telephone us at: (754) 222-6121 for Gustavo G. or (754) 222-6120 for Jessica M. Or write us at: Equity Auto Finance, 2700 West Cypress Creek Rd A101, Fort Lauderdale FL 33309 as soon as possible, if you think that any electronic payment made through the Online Bill Payment Service as listed on your statement is wrong or you need more information about an Online Bill Payment transaction listed on the statement. We must hear from you no later than ninety (90) days after you received the FIRST statement on which the problem or error appeared. You must:

 
1. Tell us your name, Loan Account number and Bank Account numbers;
2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
3. Tell us the dollar amount of the suspected error.
 

If you tell us verbally, we may require that you send your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will credit your Bank Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Bank Account. For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question, and we may take up to twenty (20) Business Days to credit your account for the amount you think is in error. We will tell you the results within three (3) Business Days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of documents that we used in the investigation. CHARGES You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet Service Provider (ISP) when accessing the Online Bill Payment Service. You are also responsible for any fees associated with your Bank Account. In using our Online Bill Payment Service, you are requesting the system to make payments for you from your Bank Account. If we are unable to complete a transaction for any reason associated with your Bank Account (for example, there are not sufficient funds in your Bank Account to cover the transaction), the transaction will not be completed. In such case, you agree that we may, at our discretion, assess a returned item fee to your Credit Account in accordance with the terms of your Credit Account agreement. CONFIDENTIALITY We will disclose information to third parties about your account or the transfers you make:

 
1. Where it is necessary for completing transfers, or
2. In order to comply with government agency or court orders, or
3. If you give us your written permission, or
4. As provided in our privacy policy.
 

ALTERATIONS AND AMENDMENTS This Agreement, including applicable fees and service charges, may be altered or amended by us from time to time, including the addition of new charges and terms. In such event, we shall provide notice to you. Any use of this Online Bill Payment Service after we provide you with a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to our more recent revisions and updates. ADDRESS OR BANKING CHANGES You agree to promptly notify Equity Auto Finance in writing or via Online Customer Care of any address change. TERMINATION OR DISCONTINUATION In the event you wish to discontinue the Online Bill Payment Service, you must do so via Online Customer Care. You are responsible for canceling any and all pending payments at the time you discontinue this service. Failure to do so will constitute acceptance of this Agreement for those payments. We may terminate this Online Bill Payment Service at any time. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement. DISPUTES In the event of a dispute regarding the Online Bill Payment Service, you agree to resolve the dispute under this Agreement and under the agreement governing your Credit Account (including its arbitration clause, which is incorporated into this Agreement by reference). If there is a conflict between what an employee of Equity Auto Finance says and the terms of this Agreement, this Agreement will prevail. If there is a conflict between this Agreement and the terms of your Credit Account agreement, this Agreement will apply to the Online Bill Payment Service only. ASSIGNMENTS You may not assign your right to use the Online Bill Payment Service under this Agreement to any other party. We may assign this Agreement at our sole discretion. We may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. NO WAIVER We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. If we delay or refrain from acting in exercising any rights or remedies under this Agreement, such delay or omission shall not operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. CAPTIONS The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions, and applicable federal law.

 
eSign Agreement
 
BILL PAYMENT DISCLOSURE AND CONSENT TO RECEIVE INFORMATION ELECTRONICLY
 

CONSENT TO RECEIVE INFORMATION ELECTRONICALLY: By consenting below, you may also receive other information, such as collection notices or other legally required disclosures electronically. We will notify you prior to commencement of providing any such documents electronically. By consenting to receive information electronically you verify that: To receive this information electronically, access, and retain any disclosures received, you will need a desktop or laptop personal computer with a minimum web browser that supports 128 bit encryption. You must also have ability to receive and read email. You (i) agree to receive disclosures electronically and confirm that you will download or print the disclosures for your records, (ii) acknowledge that you can access information that is provided electronically at this web site, (iii) acknowledge that your action constitutes your signature and agreement to these terms and conditions, and (iv) acknowledge that you are providing your consent to receive the above referenced electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute applies to the fullest extent possible. IMPORTANT NOTICE You understand that the information you have elected to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically nor any damages, including direct, indirect, special, incidental or consequential damages caused by unauthorized access. We are not responsible for delays in the transmission of any information. We are not responsible for any computer virus or related problems. If your e-mail address changes, you are required to notify us. If you have questions about these disclosures, you may contact us by telephone at (754) 222-6121 for Gustavo G. or (754) 222-6120 for Jessica M.. Alternatively, you may request to receive specific information in paper form by mail to Equity Auto Finance, 2700 West Cypress Creek Rd A101 Fort Lauderdale FL 33309. In addition, once you receive notice from us that we will commence sending other information electronically, such as, application disclosures, Privacy Statement, Cardmember Agreement and Disclosure Statement, billing statements and collection notices, you may withdraw your consent to our providing such other information electronically at any time. To receive other information in paper form and/or to withdraw your previously provided consent, please contact us as indicated above. Please specify the information you wish to be provided in paper form and/or to which your withdrawal of consent applies. Your request will only apply to those specific items of information designated by you.

 
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