Finance agreement cliffnotes - please see full terms below

PAYMENT PLAN AGREEMENT 

I. THE PARTIES. This Monthly Payment Plan Agreement (“Agreement”) dated _______________, is by and between: Creditor: ETCA Services, LLC With a mailing address of: ________________________________________________________________ (“Creditor”), 

And Debtor: _________________________________________ 

With a mailing address of_______________________________________________________________ (“Debtor”). HEREINAFTER, the Debtor and Creditor (“Parties”) agrees to the following: 

II. BALANCE. At the time of this Agreement, the Debtor owes the Creditor the amount of _________ (“Current Balance”, includes finance charges) for: (check one) X - an Outstanding Balance. 

☐ - Property described as: ______________________________________________________

☐ - Service described as: ______________________________________________________

☐ - Other: ______________________________________________________ 

III. DISCOUNTED BALANCE. In consideration of the Debtor’s faith to repay the Current Balance in this Agreement, the Creditor agrees to: (check one) ☐ - No Discounted Balance. The Debtor shall pay the full Current Balance (“Amount Owed”). 

☐ - A Discounted Balance. The Debtor shall only be obligated to pay the discounted amount of __________NA________ Dollars ($_________) ("Amount Owed"). If the Debtor should default under any of the terms of this Agreement, the Debtor shall owe the Creditor the Current Balance in addition to other penalties, fees, and any accumulated interest. 

IV. REPAYMENT PLAN. To satisfy the Amount Owed, the Debtor agrees to repay the Creditor under the following terms: 

a.) Down-Payment. The Debtor shall pay: (check one) 

☐ - Down-Payment of $_________ which will include the total equipment price plus applicable tax and first payment. 

☐ - No Down-Payment. 

b.) Interest Rate. 

The Amount Owed shall: (check one) 

☐ - Bear interest at a rate of FOUR percent (4%) flat rate.

☐ - Bear interest at a rate of FOUR percent (8%) flat rate. The rate must be equal to or less than the usury rate in the State of the Debtor. 

☐ - Not bear interest. 

c.) Repayment Period. The Debtor shall repay the Creditor on a monthly basis beginning on _______________, in the amount of $_____ to be paid on the ____ of every month ending on ___________ or when the Amount Owed is paid-in-full. 

d.) Payment Instructions. 

The Debtor is required to pay the Creditor under the following instructions: ______________________________________________________

V. LATE PAYMENT. Any partial or late payment under this Agreement shall: (check one) 

☐ - Not be allowed and consider the Debtor in default. 

☐ - Allow the Debtor to make payment within ____ days provided the Debtor pays a late fee of: ______________________________________________________(“Extension Period”). If payment is not made within the Extension Period, this Agreement shall be in default. 

VI. PREPAYMENT. The Debtor may: (check one) 

☐ - Pre-pay the Amount Owed without penalty. 

☐ - Not prepay the Amount Owed. If the Debtor decides to prepay the Amount Owed, the Debtor shall pay the penalty of: __________________________________________________. 

VII. CO-SIGNER. (check the appropriate box) 

☐ - This Agreement shall not have a Co-Signer. 

☐ - This Agreement shall have a Co-Signer known as __________________ hereinafter known as the "Co-Signer” and agrees to the liabilities and obligations on behalf of the Debtor under the terms of this Agreement. If the Debtor does not make a payment, the Co-Signer shall be personally responsible and therefore is guaranteeing payment of the principal, late fees, and all accrued interest under the terms of this Agreement. 

VIII. DEFAULT. If for any reason the Debtor should not oblige to any section or portion of this Agreement, the Debtor shall be considered in default. Under such an event, the remaining balance of the Amount Owed shall be due within five (5) business days with the Debtor liable to pay all reasonable attorney's fees and costs of collection of the Creditor. In addition, the Creditor may reclaim any property or goods in connection with the Amount Owed, hold and dispose of the same, and collect expenses, together with any deficiency due from the Debtor, subject to the Debtor's right to redeem said items pursuant to law. 

IX. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Ohio (“Governing Law”). 

X. SEVERABILITY. The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity. Therefore, this Agreement shall be interpreted and enforced as if it did not contain the said clause to the extent of its unenforceability and invalidity. 

XI. ADDITIONAL TERMS & CONDITIONS. 

1. A valid credit card from the debtor and/or co-signer (if a co-signer is used) must be kept on file for the recurring transaction to be processed on: a. Any credit card used must not expire before the end of the payment period. b. Any attempt to cancel the credit card before the full payment is made, the account will be considered in default immediately and any hardware will be disabled and legal action will be taken to the maximum amount allowable. c. If any attempt is made to refute a valid payment with your credit card company, the account will be considered in default immediately and any hardware will be disabled and legal action will be taken to the maximum amount allowable. 

2. An administrative level account (power user) will held by ETCA Services, LLC and shall remain on any equipment supplied in the agreement until the debt is paid in full. At that point, and at that point only, will the ETCA Services administrative account be removed by a representative of ETCA Services. 

  a. Any attempt to remove the ETCA Services administrative account, the account will be considered in default immediately and any hardware will be disabled and legal action will be taken to the maximum amount allowable. 

  b. Any attempt to reset equipment to circumvent the ETCA Services administrative account, the account will be considered in default immediately and any hardware will be disabled and legal action will be taken to the maximum amount allowable. 

  c. If the equipment is unreachable for a period greater than 24 hours after ETCA Services becomes aware of the disconnection, a representative will reach out via phone, text, and email on file to the Debtor to resolve the issue. If the Debtor is unreachable or does not respond within an additional 24 hours, 48 hours after ETCA Services has been made aware of the disconnection, the account will be considered in default immediately and legal action will be taken to the maximum amount allowable. 

XII. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the Debtor and Creditor relating to its subject matter, including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the undersigned dates written below. Debtor’s Signature: ____________________________ Date: _________________ 

Print: ____________________________ 

Creditor’s Signature: ____________________________ 

Date: _________________ 

Print: ____________________________