09/13/2017 

Terms and Conditions of the FuturePay Payment System 

FuturePay is an open-end credit plan offered by Celtic Bank (“Bank”), 268 South State Street, Salt 
Lake City, Utah 84111. IF YOU ALREADY HAVE A FUTUREPAY ACCOUNT this Purchase 
is pursuant to your FuturePay Terms and Conditions, a copy of which is provided below for your 
reference.  IF  YOU  DO  NOT  HAVE  A  FUTUREPAY  ACCOUNT,  by  using  FuturePay  to 
complete a Purchase, you apply for credit and agree you have read the Terms and Conditions and 
Account Agreement (this “Agreement”), including the Privacy Notice, and you authorize the Bank 
to  obtain  and  review  your  credit  report.    You  authorize  the  Merchant  to  share  your  personal 
information,  including  email  address,  with  the  Bank,  and  authorize  the  Bank  to  use  that 
information for all lawful purposes in connection with the Account.   

PLEASE BE CERTAIN TO READ ALL OF THIS AGREEMENT AND RETAIN IT FOR YOUR 
RECORDS.    NOTIFY  US  AT  ONCE  IF  ANY  PARTS  OF  THIS  AGREEMENT  ARE  NOT 
CLEAR. 

This Agreement includes the: E-Sign Consent, Account Agreement, and Privacy Notice.  

IMPORTANT DISCLOSURES 

Finance Charges 

Fixed Finance Charge 

Finance Charge for New 
Purchases 

How to Avoid Paying a 
Finance Charge 

For Credit Tips from the 
Consumer Financial 
Protection Bureau 

Fees 

You will be charged a Fixed Finance Charge on the unpaid 
Balance on your Account at the end of each Billing Cycle 
as follows: 

•  $0 if your unpaid Balance at the end of the Billing 

Cycle is less than $50. 

•  $1.50 for every $50 in unpaid Balance, or portion 

thereof, of $50 or more.  

We will not charge you a Fixed Finance Charge on new 
Purchases for the first Billing Cycle after the transaction 
date.  
Your Billing Cycle ends on the same day each month. We 
will not charge you a Fixed Finance Charge if you pay 
your entire Balance by the end of each Billing Cycle.  
To learn more about factors to consider when applying for 
or using credit, visit the website of the Consumer Financial 
Protection Bureau 
at http://www.consumerfinance.gov/learnmore. 

 
 
  
 
Penalty Fees: 
- Late Payment 
- Returned Payment 

Up to $38 
Up to $38 

How We Will Calculate Your Balance.  We use a method called "ending balance method". This 
balance is calculated by taking the amount of unpaid Balance you owe at the beginning of each 
Billing Cycle, adding any Purchases and Fees charged to your Account during the Billing Cycle, 
and deducting payments and credits made during the Billing Cycle. 

Billing Rights.  Information on your rights to dispute transactions and how to exercise those rights 
is provided in Paragraph “Your Billing Rights” below. 

Important Information About Procedures for Opening an Account.   

To help the government fight the funding of terrorism and money laundering activities, Federal 
law requires all financial institutions to obtain, verify, and record information that identifies each 
person who opens an account. What this means for you: When you open an account, the Bank 
will obtain your name, address, date of birth, and other information that will allow the Bank to 
identify you. The Bank may also ask to see a copy of your driver’s license or other identifying 
documents.  The Bank will verify this information with others. 

Military Lending Act Disclosure 

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).  

The Fees that apply to your Account are described in the disclosures above.  The military annual 
percentage rate (MAPR) that applies to your Account is between 0% and 36%, depending on the 
Balance of your Account on the last day of each Billing Cycle. If you would like to listen to this 
and other applicable disclosures, please call 1-855-984-1129. 

State Disclosures 

CA Residents 
If you are married, you may apply for a separate account. 

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OH Residents 

The Ohio laws against discrimination require that all creditors make credit equally available to 
all creditworthy 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. 

NY, RI, & VT Residents 

•  We may order credit reports in connection with processing applications/solicitations and 
any update, renewal, or extension of credit. Upon request, we will tell you the name and 
address of any consumer-reporting agency that furnished a report on you. You consent to 
the obtaining of such reports by signing or otherwise submitting an application or 
solicitation. 

•  New York Residents: Celtic Bank/FuturePay 1-855-984-1129. New York residents may 
contact the New York Department of Financial Services by telephone or visit its website 
for free information on comparative credit card rates, fees, and grace periods. New York 
Department of Financial Services 1-877-226-5697 or www.dfs.ny.gov. 

WI Residents 

•  No provision of a marital property agreement, unilateral statement under Section 766.59, 
or court decree under Section 766.70 adversely affects the interest of Celtic Bank, unless 
the Bank, prior to the time 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 Bank is incurred. 
If you are married, please contact us immediately at: FuturePay, P.O. Box 17634, Salt 
Lake City, UT 84117 and provide us with the name and address of your spouse. We are 
required to inform your spouse that we have opened a credit account for you. 

• 

E-SIGN CONSENT 

IMPORTANT NOTICE.  READ  THIS  NOTICE  CAREFULLY  AND  KEEP  A  COPY 

FOR  YOUR  RECORDS.  In  order  to  complete  your  transaction  online,  the  Bank  must 

provide you with certain disclosures required by law. The Bank can provide these disclosures 

to you electronically only if you consent.  If you do not consent to receive these disclosures 

electronically, you should choose another payment method to complete your Purchase. 

DEFINITIONS.  In this Agreement and in your billing statement, the following 

1. 
definitions apply. 

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(a) 

"You,”  "your,”  "yours,”  and  "borrower"  mean  the  person  who  is  asking  to  use 
FuturePay to make a Purchase and to whom we direct the billing statement for the Account.  "We,” 
"us,” "our" and "Bank" mean the Bank and any person, company or bank to whom the rights of 
the Bank have been assigned.  

(b) 

"Disclosures" means important communications and other information relating to 
your  application  for  and/or  use  of  FuturePay,  including  but  not  limited  to  agreements,  adverse 
action  notices,  privacy  notices,  billing  statements  and  changes  in  terms.  "FuturePay  Payment 
System"  is  our  payment  system,  which  allows  you  to  pay  for  Purchases  from  participating 
Merchants by charging Costs to your Account. It may be called simply "FuturePay". 

2. 

YOUR ACCEPTANCE AND CONSENT.   By checking the "I agree to have 
the Terms and Conditions presented electronically", which you hereby adopt as your electronic 
signature, you consent and agree that: 

(a) 

This consent applies to this transaction and all future Disclosures you receive, and 
to all future transactions in which you use the FuturePay Payment System, at any time unless you 
have, prior to such transaction, withdrawn your consent by the procedure mentioned below. 

We can provide Disclosures required by law and other information about your legal 

rights and duties to you electronically. 

Your electronic signature on this Agreement and other documents has the same effect 

as if you signed them in ink. 

We  can  send  all  Disclosures  to  you  electronically  via  our  website  or  to  the  email 
address that you have provided to the Merchant in this transaction or to another 
email address that you provide to us for that purpose rather than in paper form. 

We  will  alert  you  when  any  Disclosure  is  available,  by  sending  you  an  electronic 
communication. Our email will tell you how you can view the Disclosure. 

We will make a Disclosure available to you for not less than 90 days from the later of 
the date it first became available to you or the date we sent you the email to alert 
you that it was available. 

You will be able to print a copy of a Disclosure or download the information for your 

records. 

Your consent applies to this Agreement and our establishing an Account for you, to all 
future Disclosures on your Account, and to all future transactions in which you 
use the FuturePay Payment System unless you have, prior to such transaction, 
withdrawn  your consent.  The procedure for  withdrawing  your consent are in 
Paragraph  below  entitled  “Requesting  Paper  Documents  and  Withdrawing 
Consent.” 

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3.  WHAT YOU WILL NEED FOR DISCLOSURES. You understand that in 

order to access and retain the electronic Disclosures, you will need the following:  

A computer with an Internet connection. 

A  current  web  browser  that  includes  128-bit  encryption.  (Minimum  recommended 
browser standards are Microsoft Internet Explorer version 6.0 and above, Firefox 
version 1.5 and above, or Safari 2.0 and above.) The browser must have cookies 
enabled. 

A valid email address. 

Sufficient storage space to save past Disclosures or an installed printer to print them. 

If you use a spam filter that blocks or re-routes emails from senders not listed in your 
email address book, you must add customercare@futurepay.com to your email 
address book. 

4. 

REQUESTING PAPER DOCUMENTS AND WITHDRAWING CONSENT.  
You understand that you may request paper copies of the Disclosures within 180 days of the date 
of the Disclosures, and that we will provide them to you by mail at a charge of $5 per Disclosure. 
You understand that you have the right to receive these Disclosures in paper form and that you 
may withdraw your consent by contacting us at: 

FuturePay, Inc. 
P.O. Box 17634 
Salt Lake City, UT 84117 

5. 

UPDATING EMAIL ADDRESS.  You are responsible for maintaining an email 

address that is active and can receive email from us for the purpose of receiving electronic 
Disclosures.   At any time, you can update the email address to which we will send alerts that 
your Disclosures are available. You can change your email preferences by logging into 
www.futurepay.com and going to "Edit Account." You can also do this by contacting us at: 

FuturePay, Inc. 
P.O. Box 17634 
Salt Lake City, UT 84117 

6. 

LEGAL EFFECT: By consenting, you agree that electronic Disclosures have the 
same meaning and effect as if we provided paper Disclosures to you when and if we are required 
to do so. When we send you a Disclosure in electronic form or post a Disclosure on our website 
that shall have the same meaning and effect as if we provided paper Disclosures to you, whether 
or not you choose to view the Disclosures, unless you had previously withdrawn your consent to 
receive Disclosures electronically. We may also send you an email alerting you that the 
Disclosures are available electronically and make them available online. 

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7. 

GENERAL: You understand and agree that we reserve the right to cancel this 

electronic Disclosure service, change the terms of use of this service, or send Disclosures in 
paper form at any time. You understand and agree that we are not responsible for any delay or 
failure in your receipt of any email notices we may send. 

FUTUREPAY ACCOUNT AGREEMENT 

This Agreement sets forth the terms and conditions of the FuturePay Account 
("Account") and the extensions of credit issued by Celtic Bank (the "Bank"). Please read this 
Agreement and keep a copy. 

1. 

Definitions 

(a) 
of this Agreement. 

"Account" means your FuturePay revolving line of credit account that is the subject 

(b) 

(c) 

“Balance” means the amount you owe us on your Account at any given time. 

“Billing  Cycle"  means  the  time  between  the  dates  when  we  prepare  billing 

statements for your Account. 

(d) 

"Cost" means the price of any goods and services you purchase from a Merchant 
using FuturePay, plus any fee or charge you agree to pay the Merchant, the cost of shipping and 
taxes, and finance charges, less any applicable discount or credit offered by the Merchant. 

(e) 

"Credit Line" means the dollar amount of credit that we authorize as available for 
you  to  make  Purchases  with  the  credit  available  in  your  Account.  The  total  balances  of  your 
Account plus Purchase transactions that have been authorized but not yet posted to your Account 
(but not including unpaid Fees) may not exceed the Credit Line.  

(f) 

"FuturePay"  means  the  services  provided  for  the  Bank,  such  as  processing 
transactions,  keeping  records,  sending  billing  statements  and  customer  service.  FuturePay  is  a 
registered trademark of RevenueWire, Inc. 

(g) 

"Merchant"  means  a  merchant  participating  in  and  authorized  to  accept  the 

FuturePay payment option to pay for your Purchases. 

(h) 

"Payment  Due  Date"  means  the  date  stated  on  each  billing  statement  by  which 

payment on your Account must be received by us. 

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(i) 

"Purchase" means your purchase of any goods or services from a Merchant and you 

choose the FuturePay Payment System to pay the Cost.  

(j) 

"Termination" means that your right to make further Purchases using your Account 

is terminated.  

(k) 
this Agreement. 

“You” and “Your” means the person who applied for this Account and agrees to 

(l) 

“We”, “us”, and “our” means the Bank. 

(m)  You will find definitions of other terms within this Agreement. 

8. 

HOW YOU AGREE TO THIS AGREEMENT.  You agree to the terms of this 
Agreement and you make the promises it contains by either applying for or accepting an Account 
or making a Purchase using FuturePay after receipt of this Agreement. 

9. 
PURCHASE.  

GENERAL  DESCRIPTION  OF  THE  ACCOUNT  AND  MAKING  A 

(a) 

General Description. The Account is an open-end, revolving credit account.  

(b)  Making a Purchase.  You can make a Purchase using your Account by choosing 
FuturePay when you make a Purchase from a Merchant at a web site or at an authorized location. 
We will extend credit to you, in the amount of the Cost of the Purchase, and disburse the Cost of 
the Purchase to the Merchant on your behalf.   

10. 

CREDIT LINE AND OTHER AGREEMENTS 

(a) 

Credit Line.  At the time you request an Account, we evaluate your request for 
credit and if we approve an Account for you, we establish the Credit Line for you.  You may use 
your Account to pay for Purchases up to the Credit Line set for you, and the total balance of all 
transactions on the Account plus transactions which have been authorized but not yet posted to the 
Account (but not including unpaid fees) may not exceed the Credit Line.  For example, if your 
Credit Line is $500 and you make a Purchase of $400,  you will have $100 credit available for 
further Purchases.  If you try to make a Purchase that would cause your outstanding Balance to be 
above  your  Credit  Line,  we  will  decline  your  Purchase  request.      We  may  occasionally  and 
routinely verify credit information about you and obtain an updated consumer report in connection 
with your Account. We may decrease your Credit Line at any time. We will notify you as required 
by applicable law. Your Credit Line and available credit on your Account will be disclosed on 
each billing statement. 

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(b) 

Charge Your Account for Purchases.  You authorize us to charge your Account 
for  the  Cost  of  any  Purchase  you,  or  anyone  to  whom  you  have  given  permission  to  use  your 
Account, make from a Merchant using FuturePay. 

(c) 

Finance Charges and Fees.  You authorize us to charge your Account for finance 

charges, any Fees, costs of collection, and amounts that you agree to pay in this Agreement. 

11. 

YOUR PERSONAL INFORMATION.  When you choose FuturePay to make 
a Purchase, you authorize the Merchant to share your personal information with us to the extent 
necessary for us to make a credit decision in order to open your Account or increase your Credit 
Line, and to complete your transaction, including verifying your identity, paying the Merchant on 
your behalf, charging your Account for the Costs of the Purchase, sending you a billing statement, 
servicing your Account and for all other lawful purposes in connection with your Account. You 
authorize the Merchant to share your email address with us.  

12. 

YOUR PROMISES TO US. 

(a) 

Promise  to  Pay.  You  promise  to  pay  us  all  balances  owing  on  your  Account, 
including all Purchases, Fees, finance charges, extensions of credit  and any other  amounts  you 
have authorized us to charge to your Account. You promise to pay for all Purchases made by you 
and by anyone you authorized to use your Account. Bank (and others who may decide whether 
you are liable for amounts charged to your Account) may presume that you have authorized any 
Purchase made in your name using your Account, if the Purchase is delivered in your name to your 
address, unless you return the Purchase to the Merchant within a reasonable period of time. You 
will not be responsible for any unauthorized Purchases on your Account. 

(b)  Minimum Payment. You promise to pay at least the Minimum Payment Due on 
or  before  the  Payment  Due  Date  each  Billing  Cycle  and  in  accordance  with  the  reasonable 
requirements set forth on each billing statement. 

(c) 

Personal  Financial  Information.  You  promise  to  give  us  personal  financial 

information about you that we may reasonably request, from time to time.   

(d) 

Collection Costs. You promise to pay all costs of collection if we take any action 
to collect  your Account  or take any  action in  a  bankruptcy  proceeding  filed by or  against  you, 
including reasonable attorneys’ fees and expenses to the maximum amount permitted by applicable 
law.  

(e) 

Contact Information. You promise to promptly notify us if you change your name, 
your mailing address, your e-mail address or your telephone number. In doing so, you promise not 
to give us false information or signatures, electronic or otherwise, at any time. 

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(f) 

Age of Residency. You promise that you are of legal age in the state where you 
reside and are a resident of the United States when you accepted this Agreement and opened the 
Account. 

(g)  Merchant Disputes. If you are dissatisfied with goods or services you purchased 
from a Merchant,  you promise you will try in  good faith to resolve the dispute and correct the 
problem  directly  with  the  Merchant.  You  agree  to  allow  a  reasonable  period  of  time  for  the 
Merchant to resolve the dispute. This shall in no way limit or reduce your rights in case of a billing 
error. 

(h) 
household purposes. 

Use of the Account. You promise to use this Account only for personal, family, or 

13. 

FIXED FINANCE CHARGE. 

(a) 

General. Your finance charge is fixed based on the Account ending Balance at the 
end of the Billing Cycle in a fixed dollar amount and not on a specific interest rate. You agree to 
pay the Fixed Finance Charge on the outstanding Balance on your Account until paid in full, as 
applicable.   

(b)  When The Fixed Finance Charge Begins.  The Fixed Finance Charge is payable 
for each Billing Cycle if you have an unpaid Balance in your Account at the end of each Billing 
Cycle that is $50 or more. We will not charge you a Fixed Finance Charge on new Purchases for 
the first Billing Cycle after the transaction date.  

(c) 

Assessing the Fixed Finance Charge.  If the Balance of your Account is $50 or 
greater at the end of any Billing Cycle, we will charge you a Fixed Finance Charge of $1.50 for 
each $50 increment, or portion thereof, in unpaid Balance on your Account of $50 or more at the 
end of the Billing Cycle.  

(d)  How We Calculate Your Account Ending Balance. We take the Balance at the 
beginning of your Billing Cycle, add any new charges, including Purchases and Fees, and deduct 
payments and credits made during the Billing Cycle. 

(e) 

How We  Compute  the  Fixed  Finance  Charge.   If the ending  Balance  of  your 
Account is $50 or greater , we will charge $1.50 for each $50 increment in unpaid Balance of your 
Account $50 or above at the end of the Billing Cycle. For example, if the Balance of your Account 
is between $0.01 and $49.99 at the end of your Billing Cycle, we will not charge a Fixed Finance 
Charge  to  your  Account.    If  the  Balance  of  your  Account  is  between  $50  and  $99.99,  we  will 
charge a Fixed Finance Charge in the amount of $1.50 to your Account; if the Balance of your 

9 

 
 
 
 
 
 
 
Account is between $100 and $149.99 at the end of your Billing Cycle, we will charge a Fixed 
Finance Charge in the amount of $3 to your Account; and so on.    

14. 

FEES. You agree to pay the following Fees, as applicable. You agree that we may 

add any Fee to the Balance of the Account. 

(a) 

Penalty Fees. 

(i)  Late  Payment  Fee.    We  will  charge  you  a  Late  Fee  each  Billing  Cycle  during 
which the Minimum Payment Due is not paid in full by its Payment Due Date.  The 
Late  Fee  will  be  the  amount  of  the  missed  payment  up  to  $27  for  the  first  late 
payment,  and  $38  if  another  payment  is  late  again  within  the  next  six  Billing 
Cycles. 

(ii) Returned  Payment  Fee.    We  will  charge  you  a  Returned  Payment  Fee  for  any 
payment on your Account denied or returned by a drawee for "not sufficient funds" 
or other reasons, such as a closed account. The Returned Payment Fee will be the 
amount of the Minimum Payment Due immediately prior to the date on which the 
payment is returned up to $27 for the first returned payment, and $38 if another 
payment is returned within the next six Billing Cycles.  

(b) 

Paper Statement Fee.  We may add a fee of $5 if we mail a paper billing statement 

to you. 

15.  MINIMUM PAYMENT DUE. The “Minimum Payment Due” each Billing Cycle 
will  be  the  sum  of  the  payment  due  on  your  Balance  calculated  as  described  below,  plus  any 
amounts past due from previous Billing Cycles.     

(a)  Minimum Payment. The Minimum Payment Due in each Billing Cycle  will be 
determined based on  your Account  Balance on the last day of the Billing Cycle, including any 
Fixed Finance Charge, as follows: 

(i) 

(ii) 

$25  plus  any  amounts  past  due  from  previous  Billing  Cycles,  for  any  unpaid 
Balance at the end of the Billing Cycle less than $500; plus  

$15  for  each  $500  increment,  or  portion  thereof,  in  unpaid  Balance  on  your 
Account $500 or more; however, 

(iii) 

If the Ending Balance of your Account is less than $25 the amount due will be 
the unpaid Balance. 

For example, if the Ending Balance of your Account on the last day of the Billing Cycle 

is less than $500, the Minimum Payment due will be $25.  If the Ending Balance of your 
Account on the last day of the Billing Cycle is between $500 and $999.99, the Minimum 

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Payment due will be $40.  If the Ending Balance of your Account on the last day of the Billing 
Cycle is between $1,000 and $1,499.99, the Minimum Payment due will be $55, and so on. 

(b)  Minimum Payment Due Date. The Payment Due Date on your Account will be 

the same date each month and will be at least 24 days from the closing date on your statement.  

16. 

PAYMENTS.  

(a) 

Payment Application. We will apply the entire amount of each payment made to 

the Balance.  

(b) 

Prepayment. A payment in excess of the Minimum Payment Due in any Billing 
Cycle  is  a  “prepayment”.  You  may  make  prepayments  in  any  amount  and  may  pay  the  entire 
Balance or any part of it at any time provided that you pay at least the Minimum Payment Due in 
each Billing Cycle when it is due. You may, at any time, pay more than the monthly Minimum 
Payment Due or even the entire outstanding Balance without a penalty.  No partial prepayment 
will extend the due date or affect the calculation of the Minimum Payment Due for any succeeding 
payment.  

(a) 

Effect  of  Credits  on  your  Minimum  Payment  Due.    Credits  applied  to  your 

Account do not relieve you of your obligation to pay the Minimum Payment Due.   

17. 

BILLING STATEMENTS AND CREDIT BALANCES. 

(a) 

Billing Statements. We will provide you a billing statement for each Billing Cycle 
if and as required by applicable law.  We do not need to provide a billing statement to you if we 
deem this Account uncollectible or if delinquency collection proceedings have been started. We 
will provide you with an electronic billing statement only and that you can obtain a paper statement 
subject to the charge stated in Paragraph “Fees” above. 

(b) 

Credit Balances. We will refund any credit balance in excess of $1.00 to you as 
required by law. You authorize us to make the refund electronically or using an electronic transfer, 
(i) if you made the payment which caused the credit balance electronically, or using an electronic 
transfer, or (ii) if you typically make payments on this Account electronically.  

(c) 

Errors.  You  agree  to  notify  us  in  writing  of  any  errors  in  the  billing  statement 
within 60 days from the date it is first provided to you. You agree to examine each billing statement 
and notify us immediately in writing of any Purchases which were not made or authorized by you.  

18. 

EVENTS AND EFFECTS OF DEFAULT. 

(a) 

Events of Default. You will be in default under this Agreement if you: 

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(i)  Fail to make the Minimum Payment Due by the Payment Due Date listed on the 

billing statement;  

(ii)  Breach,  or  are  unwilling  or  unable  to  perform,  any  other  provision  of  this 

Agreement; 

(iii)  File for bankruptcy; 

(iv)  Become insolvent or generally unable to pay your debts;  

(v) 

Furnish  false  or  misleading  information  in  applying  for  your  Account  or 
otherwise; 

(vi)  Fail to supply us with any information we deem necessary; 

(vii)  Pass away or become incompetent; or 

(viii)  Give us a payment returned unpaid by your bank or financial institution for any 

reason. 

(b) 

Collection Costs. You agree to  pay  all costs  of collection  (including  reasonable 
attorneys’ fees and expenses) if we take any action to collect this Account after default, if permitted 
and to the maximum amount permitted by applicable law. 

(c) 

Our Rights.  If you are in default, subject to the limitations of applicable law, we 
may, at our option, close your Account and declare the entire unpaid Balance on your Account 
immediately  due  and payable.   We may  refuse  to make  any new extensions of credit and may 
cancel any approved extensions of credit from the Account for any Purchase or transaction that 
has not yet appeared on a billing statement sent to you. This may happen without any prior notice 
to you. If we choose to grant new credit for your Account after default, you agree that we may 
charge the new credit to your Account. The other provisions of this Agreement will continue to 
apply to your Account. If we get a judgment after default and/or if you are a debtor in an action 
filed by or against you under the Bankruptcy Code, unless prohibited by applicable law, the finance 
charges applicable to your Account will continue to apply to the balances on your Account.  

19. 
BY DEFAULT: 

TERMINATION OF THE ACCOUNT IN ADDITION TO TERMINATION 

(a)  We, at our sole discretion, or you, may terminate this Agreement at any time and 
for any reason subject to the requirements of applicable law and this Agreement.  Termination may 
be temporary or permanent. 

(b) 
billing statement. 

You may terminate your Account by sending written notice to the address on the 

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(c) 

After Termination, you will not be able to make new Purchases with your Account. 
After Termination, you will still have to pay any remaining Balance on your Account until paid in 
full. All other provisions of this agreement will continue to apply.  

20.  OUR LIABILITY.  We have no responsibility for the failure of any Merchant to 
accept payment using FuturePay. Our liability is limited to that determined by applicable law and 
will only include actual damages.  

21. 

amend 

We  may 

AMENDMENT OF THIS AGREEMENT. 

this 
Agreement  from  time  to  time  and  will  give  you  written  notice  where  required  by  law.  An 
amendment may change something in this Agreement, add something new, or take something out. 
Unless we state otherwise any amendment may apply only to new activity on your Account. If the 
amendment includes any change for which we need  your consent, we will obtain your consent 
before that amendment becomes effective. If applicable, we may obtain your consent in any one 
or more of the following ways: (a) by your usage of the Account after we give you notice of the 
amendment; (b) by  your failure to write us on time if we request that you write us to reject an 
amendment; or (c) by your affirmative agreement which may be obtained verbally, in writing or 
electronically. If you do not agree to the Amendment, you must notify the Bank in the manner 
provided with the amendment within 25 days after the effective date of the change, and the Bank 
may close your Account and may elect to have you pay the outstanding Balance as provided by 
law. Otherwise, you shall be deemed to have agreed to the change(s) in the Bank's notice. Use of 
your Account after the effective date of the change shall be deemed to be your acceptance of the 
New  Terms.    Any  other  term  in  the  amendment  will  become  effective  without  your  consent, 
although you may be able to avoid a fee or charge by not making the type of transaction to which 
it applies after the effective date of the amendment. 

22. 

DELAY IN ENFORCEMENT.  We  can  delay  enforcing  any  of  our  rights 
under this Agreement without losing them. Any waiver by us of any provision of this Agreement 
will not be a waiver of the same or any other provision on any other occasion. 

23. 

REMEDIES  CUMULATIVE.  Our  remedies  under  this  Agreement  shall  be 

cumulative and not alternative. 

24. 

ASSIGNMENT. 

You  may  not  assign  your  rights  under  this  Agreement  or 
your Account to anyone. We may sell or assign any or all of our rights under this Agreement any 
time. 

25. 

CREDIT INVESTIGATION AND REPORTING. 

We  are  authorized  to 
make  credit  and  investigative  inquiries  we  deem  appropriate  related  to  your  Account  and  the 
collection of amounts owed on your Account. You agree that we have the right to obtain a credit 
report  in  connection  with  our  review  of  your  application  for  your  Account,  and  as  we  deem 
reasonably  necessary  to  maintain  and  collect  your  Account.  You  authorize  us  to  report  your 
performance under this  Agreement to  credit reporting  agencies,  including  your  failure  to make 
minimum payments on time. We may also respond to inquiries about our credit experiences with 
you as permitted by law. You are hereby notified that a negative credit report reflecting on your 

13 

 
 
 
 
 
 
credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your 
credit obligation. 

26. 

NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN 
US,  CONSENT  TO  ELECTRONIC  COMMUNICATIONS  AND  TELEPHONE 
MONITORING AND RECORDING. 

(a) 

Communications  Concerning  Disputed  Debts.  ALL  COMMUNICATIONS 
BY YOU TO US CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT 
TENDERED  AS  FULL  SATISFACTION  OF  THE  ACCOUNT,  MUST  BE  SENT  TO: 
FuturePay, Inc., P.O. Box 17634, Salt Lake City, UT 84117. 

(b) 

Notices  and  Customer  Service.  You  may  send  correspondence,  inquiries  and 
questions  concerning  your  Account  to  us  at  support@futurepay.com.  You  may  also  call  our 
customer service at: 1-855-984-1129. 

(c) 

Consent to Communication. We may use any means of communication to contact 
you  for  any  lawful  purpose  (including  debt  collection).  Such  means  of  communication  may 
include,  but  is  not  limited  to  postal  mail,  telephone,  e-mail,  text  message  or  other  technology, 
including but not limited to Voice Over Internet Protocol (“VOIP”), even if you are charged for 
the contact. You are responsible for any charges for contacting you that may be billed to us by our 
communications carrier. We may contact you at any address (including any e-mail or text message 
address) or telephone number (including any cellular telephone number or landline number that is 
later ported to a cellular telephone) that you give to us, or from which you call us.  

In  order  to  contact  you  more  efficiently,  we  and/or  FuturePay.  may  contact  you  using 
autodialed and/or prerecorded message calls or text messages at the telephone number(s) you have 
provided us. We and/or FuturePay may place such calls or texts to (i) provide servicing related 
communications about your Account or Account activity, (ii) investigate or prevent fraud, or (iii) 
collect  a  debt  owed  to  us.  You  agree  that  we  and/or  FuturePay  and  our  service  providers  may 
contact you using autodialed and/or prerecorded message calls and text messages to carry out the 
purposes we have identified above. We and/or FuturePay may share your phone number(s) with 
service providers  that we contract with  to  assist us  in carrying out these purposes,  but will not 
share your phone number(s) with third parties for their own purposes without your consent. You 
also agree that these communications aren't unsolicited for purposes of any state or federal law. 
Standard telephone minute and text charges may apply.  

(d)  Monitoring  or  Recording.  We  may  monitor,  tape  or  electronically  record  our 
telephone  calls  with  you,  including  any  calls  with  our  customer  service  department,  collection 
department and any other department.  

(e) 

E-mails.  You  consent  to  us  emailing  you  for  any  lawful  purpose,  including 
marketing. You may withdraw consent to us sending you commercial emails by "unsubscribing" 
when we send you an email. 

14 

 
 
 
 
 
 
 
27.  GOVERNING LAW. 

This  Agreement  is  governed  by  and  construed  in 
accordance with the laws of the United States. To the extent state law applies to this Agreement, 
this Agreement will be governed by the laws of the state of Utah without regard to principles of 
conflicts of law, except to the extent preempted, superseded, or supplemented by federal law. This 
Agreement is not valid until accepted by Celtic Bank in Utah, and any credit extended to you is 
extended in and from Utah, regardless of where you reside or the place where the Merchant is 
located.  

28. 

CLASS ACTION WAIVER.  

YOU  WAIVE  THE  RIGHT  TO 
INITIATE  OR  PARTICIPATE  IN  A  CLASS  ACTION  AGAINST  US  RELATING  TO 
THIS AGREEMENT AND AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR 
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY 
PURPORTED  CLASS  OR  REPRESENTATIVE  PROCEEDING,  OR  AS  A  PRIVATE 
ATTORNEY GENERAL. 

29. 

SEVERABILITY. 

If  any  of  the  provisions  of  this  Agreement  are  held  to  be 
unenforceable or invalid for any reason, the remaining provisions hereof shall nevertheless remain 
enforceable,  and  shall  be  interpreted  in  such  a  manner  to  preserve  the  enforceability  of  this 
Agreement to the maximum extent permitted by applicable law. 

30. 

ENTIRE AGREEMENT.  This  Agreement  is  the  final  expression  of  the 
agreement between you and the Bank and may not be contradicted by evidence of any alleged oral 
agreement. 

31. 

BILLING RIGHTS NOTICE. 

YOUR BILLING RIGHTS.  KEEP THIS DOCUMENT FOR FUTURE USE. 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.  

WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT 

If you think there is an error on your statement, write to us at: 

FuturePay, Inc. 

P.O. Box 17634 

Salt Lake City, UT 84117   

In your letter, give us the following information: 

•  Account information: Your name and account number. 

15 

 
 
 
 
 
 
 
•  Dollar amount: The dollar amount of the suspected error. 

•  Description of problem:  If you think there is an error on your bill, describe what 

you believe is wrong and why you believe it is a mistake. 

You must contact us: 

•  Within 60 days after the error appeared on your statements.  

•  At least 3 business days before an automated payment is scheduled, if you want to stop 

payment on the amount you think is wrong. 

You must notify us of any potential errors in writing or electronically.  You may call us, but if you 
do we are not required to investigate any potential errors and you may have to pay the amount in 
question. 

WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER   

When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must tell you that we received your letter.  

We will also tell you if we have already corrected the error. 

2.  Within 90 days of receiving your letter, we must either correct the error or explain to 

you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

•  We cannot try to collect the amount in question, or report you as delinquent on that 

amount.  

•  The charge in question may remain on your statement, and we may continue to charge 

you finance charges on that amount.  

•  While  you  do  not  have  to  pay  the  amount  in  question,  you  are  responsible  for  the 

remainder of your Balance.  

•  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 

• 

If we made a mistake:  You will not have to pay the amount in question or any finance 
charges or other fees related to that amount. 

16 

 
 
 
 
 
 
• 

If we do not believe there was a mistake: You will have to pay the amount in question, 
along with applicable finance charges and fees. We will send you a statement of the 
amount you owe and the date payment is due. We may then report you as delinquent 
if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 
days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without 
also reporting that you are questioning your bill. We must tell you the name of anyone to whom 
we reported you as delinquent, and we must let those organizations know when the matter has been 
settled between us.  

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you 
question even if your bill is correct. 

YOUR  RIGHTS  IF  YOU'RE  DISSATISFIED  WITH  PURCHASES  WITH  YOUR 
ACCOUNT 

If you are dissatisfied with the goods or services that you have purchased with your Account, and 
you have tried in good faith to correct the problem with the Merchant, you may have the right not 
to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true:  

1.  The purchase must have been made in your home state or within 100 miles of your current 
mailing address, and the purchase price must have been more than $50. (Note: Neither of 
these are necessary if your Purchase was based on an advertisement we mailed to you, or 
if we own the company that sold you the goods or services.) 

2.  You must have used your Account for the Purchase.  

3.  You must not yet have fully paid for the Purchase. 

If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in 
writing or electronically at: 

FuturePay, Inc.  
P.O. Box 17634 
Salt Lake City, UT 84117  

While we investigate, the same rules apply to the disputed amount as discussed above. After we 
finish our investigation, we will tell you our decision. At that point, if we think you owe an amount 
and you do not pay, we may report you as delinquent. 

17 

 
 
 
 
 
 
 
Finance Charges 

Fixed Finance Charge 

Finance Charge for New 
Purchases 

How to Avoid Paying a 
Finance Charge 

For Credit Tips from the 
Consumer Financial 
Protection Bureau 

Fees 

Penalty Fees: 
- Late Payment 
- Returned Payment 

PRICING ADDENDUM 

You will be charged a Fixed Finance Charge on the unpaid 
Balance on your Account at the end of each Billing Cycle 
as follows: 

•  $0 if your unpaid Balance at the end of the Billing 

Cycle is less than $50. 

•  $1.50 for every $50 in unpaid Balance, or portion 

thereof, of $50 or more.  

We will not charge you a Fixed Finance Charge on new 
Purchases for the first Billing Cycle after the transaction 
date.  
Your Billing Cycle ends on the same day each month. We 
will not charge you a Fixed Finance Charge if you pay 
your entire Balance by the end of each Billing Cycle.  
To learn more about factors to consider when applying for 
or using credit, visit the website of the Consumer Financial 
Protection Bureau 
at http://www.consumerfinance.gov/learnmore. 

Up to $38 
Up to $38 

How We Will Calculate Your Balance.  We use a method called "ending balance method". This 
balance is calculated by taking the amount of unpaid Balance you owe at the beginning of each 
Billing Cycle, adding any Purchases and Fees charged to your Account during the Billing Cycle, 
and deducting payments and credits made during the Billing Cycle. 

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