PENALTY APR AND WHEN IT APPLIES.
For new transactions, we may increase your APR to the Penalty APR if you make a late payment
or
make
a payment that is returned. We will give you a minimum of 45 days advance notice before we
increase
the Penalty APR. If we increase the APR for either of these reasons, the Penalty APR will
remain
in
effect indefinitely. If you become more than 60 days late on your account, the Penalty APR
will
apply to all existing balances as well as new transactions on your account and will remain
in
effect
for existing balances until you make six consecutive periodic payments on time.
CREDIT BALANCES.
We will refund any credit balance within 7 business days from receipt of your written
request. If
you
do not request a refund, we will automatically refund any credit balance in excess of $1.00
after 90
days if your Account is inactive.
FIXED PAYMENTS.
You may choose to make purchases on your Account using one of our fixed payment sub-accounts.
These
sub-accounts include Flex Pay, Promo Pay, and other promotional sub-accounts we may offer.
With
respect to those purchases, the approximate number and dollar amount of payments will be set
and
disclosed to you at the time of purchase. Flex Pay will be the same as the Easy Pay APR. You
may
convert any Flex Pay payment to Easy Pay at any time by calling us at (877) CURACAO or (877)
287-2226.
0% INTEREST (PROMO PAY).
We may from time to time offer zero percent promotional financing on selected products or
payment
terms (e.g., 4-6 months). No percent interest purchases will be charged to the Promo Pay
sub-account. If you pay late or otherwise go into default on any sub-account before the
Promo
Pay
purchase is paid in full, interest will be charged from the purchase date at the rate
applicable
to
your account on that date.
INTEREST CHARGES.
Periodic interest on the Flex Pay and Easy Pay sub-accounts is figured by multiplying the
average
daily balance for each sub-account during the billing period by the applicable monthly
periodic
rate
set forth in the Pricing Information Table. The corresponding annual percentage rate (or
"APR")
is
also set forth in the Pricing Information Table, and the monthly periodic rate is equal to
the
corresponding APR divided by 12. We begin to impose interest charges, if any, from the date
that
a
transaction is added to your daily balance. Transactions include purchases, interest
charges,
and
fees. We continue to impose interest charges until we credit your Account with full payment
of
the
total amount you owe us.
AVERAGE DAILY BALANCE.
For each sub-account (Flex Pay, Promo Pay, Easy Pay), the daily balance for any day is equal
to
the
previous day's balance plus any new purchases, interest charges, and fees; and minus any
payments
and credits made that day. At the end of the billing period, we will add up all the daily
balances
for each sub-account and then divide that amount by the number of days in the billing period
to
arrive at your average daily balance for each sub-account for the period.
MINIMUM INTEREST CHARGE.
The total balance (excluding any balance in the Promo Pay sub-account) is subject to a
minimum
interest charge for: AZ customers $0.50; for CA customers $1.50; for NV customers $2.00, for
each
period in which an interest charge will be assessed.
MINIMUM PAYMENT.
The minimum payment for each billing period will equal the total of (1) the Easy Pay payment
calculated by the applicable percentage of the Easy Pay New Balance set forth in the
following
table; plus (2) the aggregate of any Flex Pay and Promo Pay fixed payments due in the
billing
period; plus (3) any past due amounts appearing on your statement; plus (4) any late payment
fees
and any returned payment fees appearing on your statement. You can always pay more than the
required
minimum payment.
Easy Pay
New Balance |
Monthly Payment |
| Less than $20 |
100% of Easy Pay New Balance |
| $20 - $199 |
$20 |
| $200 - $499 |
10% of Easy Pay New Balance |
| $500 -$999 |
7.5% of Easy Pay New Balance |
| Over $1000 |
5% of Easy Pay New Balance |
In addition, your statement will include amounts due for any goods or services you may have
purchased
from or subscribed to from or through us (for example, anti-virus services, music
subscription
services, and other services with one-time or recurring payments), and those payments will
be
due in
full.
APPLICATION OF PAYMENTS.
Payments received will be applied in our sole discretion, subject to applicable law.
LATE PAYMENT FEE.
We will assess late payment fees of: for AZ and CA customers $10.00; for NV customers $25.00,
for
each billing period in which you fail to make your minimum payment within: 10 days for AZ
and CA
customers, 5 days for NV customers, of the due date, provided that in no event will the late
payment
fee be greater than the amount of the required minimum periodic payment due immediately
prior to
the
date on which the late payment fee is assessed of the late payment fee.
RETURNED PAYMENT FEE.
For AZ customers we will assess a fee to your balance in the amount of the greater of (1)
$10.00
and
(2) the actual charge we incur from the depository institution for the return of the unpaid
or
dishonored instrument, up to $15; for CA and NV customers we will assess a $15.00 fee each
time
a
check or similar instrument is returned unpaid for any reason, including if it cannot be
processed,
insufficient funds, closed accounts or cancelled check, provided that in no event will the
returned
payment fee be greater than the amount of the required minimum periodic payment due
immediately
prior to the date on which the payment is returned to us. We will assess this fee at the
time
the
instrument is returned, even if it is paid after resubmission.
COLLECTION COSTS.
Upon your default, we may charge you reasonable attorneys' fees, collection costs (including
expenses
incurred in realizing on our security interest), and court costs as permitted by law in the
state
where you reside. Unless limited by law, reasonable attorneys' fees will be considered to be
35%
of
the outstanding balance on your account when it is referred to an attorney for collection.
DEFAULT.
Unless applicable law provides otherwise, you are in default if you fail to comply with the
terms
of
this Agreement, or if any one of the following events occurs: (1) you do not make the
required
minimum payment on the account by the payment due date; (2) you provide us with any false,
misleading information or misstatements on the credit application, sales tickets, or other
documents
and instruments; (3) you or someone else files on your behalf a petition under any federal
Bankruptcy Code or any state insolvency statute; (4) we learn that you are unwilling or
unable
to
perform the terms or conditions of this Agreement; (5) we receive information from third
parties,
including credit reporting agencies, which indicate a serious delinquency or a charge
against
you
with other creditors; or (6) you become the subject of attachment, foreclosure,
repossession,
lien,
judgment or garnishment proceedings. We may declare the entire balance due and payable upon
demand
if you are found to be in default or in the event of your death.
EFFECT OF DEFAULT ON FINANCED SUBSCRIPTION SERVICES AND SERVICE CONTRACTS/EXTENDED
WARRANTIES.
If your Account goes into default and that default continues for 30 days or more, Curacao
shall
have
the right to cancel any subscription service or service contract/extended warranty financed
with
the
Card and to collect any pro rata refund for the unearned portion of the subscription or
service
contract/extended warranty. Curacao will retain any portion of this refund constituting our
commission and will apply the remainder of the refund to the outstanding balance of your
Account,
and, if the refund exceeds the outstanding balance, will credit the excess amount to your
Account.
CANCELLATION.
You may cancel your Account at any time by notifying us in writing and either returning the
Card
to
us or destroying by cutting it in half. You will still be responsible for paying any balance
you
owe
according to the terms of this Agreement. We may cancel or suspend your Account at any time;
we
will
inform you when we do so.
CREDIT INVESTIGATION AND REPORTING.
You hereby authorize us to investigate and verify your credit, employment, income records and
credit
references. We may report information about your account to credit bureaus. Late payments,
missed
payments, or other defaults on your Account may be reflected in your credit report. When you
ask
us
to add an authorized user, you authorize us to conduct the same credit investigation,
verification
and reporting as explained above on the authorized user's information supplied. We may, in
our
discretion, pull a "hard" credit report, which may affect your credit score, (1) when you
apply
to
open an Account; (2) when you seek an increase in your credit limit or to go over your limit
for
a
discrete purchase; (3) when you reactivate your Account; (4) when your Account has gone
dormant
(for
6 or more months); or (4) when your Account is in default or is charged off. We may pull a
"soft"
credit report, which does not affect your credit score, when we review your account to
determine
whether your credit limit and/or APR are appropriate.
RECORDING TELEPHONE CALLS.
Our supervisory personnel may listen in on telephone conversations between you and our
representatives and/or may record conversations for quality control, training and other
purposes.
CONSENT TO CONTACT.
You consent to be contacted concerning your Account by us or any of our subsidiaries or
affiliates,
anyone acting on our behalf (whether a Curacao affiliate or a third party, such as a
collection
agency), or anyone who has acquired your Account from us. This consent is irrevocable and
extends to
contact by autodialed or prerecorded voice calls or text messages to your residential
telephone
and/or your cell phone, whether or not you are charged for the call or message under your
telephone
calling plan.
CREDIT PURCHASES AND AUTHORIZATIONS.
Some purchases will require prior authorization and you may be asked to show identification.
We
may
also ask you to update your personal or employment information prior to an authorization. We
may
in
some cases be unable to approve your request, if for example our system is down or if your
credit
references provide negative information about your credit history. We will not be liable to
you
in
any of these cases. The Card is our property, and you must surrender it when any of our
agents
requests it.
ANNUAL FEE.
If you are a resident of California or Nevada, we may, in our discretion, charge an annual
fee of
up
to $15 to maintain your account.
CHANGE OF TERMS AND CONDITIONS.
We may change the rates, fees and terms of this Agreement, which includes the Pricing
Information
Table, from time to time as permitted by law. The changes may add to, modify, replace or
remove
provisions of this Agreement. We will give you advance written notice of the changes and a
right
to
opt out to the extent required by law.