Payment Plan (Plan) Terms and Conditions - Facts and Questions

DISCLOSURE OF PAYMENTS & CONSUMER OBLIGATION TO LENDER

1. The Bank’s Payment Plan (Plan) is set that you will make one extra payment each year after all fees are paid.


2. Payments are collected from you on bi-weekly/every two weeks, or on schedules determined by Consumer, or Customer Agreement. The Payment Plan may pay your Lender only once a month.


3. The “SERVICE FEE”, will be deducted from the extra payments before those funds or extra payments will be remitted to the Lender.


4. Customer Retail Installment Sales Contract (RISC) is 100% Customer obligation. The Payment Plan is strictly a program of convenience and DOES NOT ALTER CUSTOMER OBLIGATION UNDER RISC TERMS AND CONDITIONS.


5. Change of dates and/or any schedules of payment changes can affect the shortening of Terms, savings, or other program benefits. Payments to lenders may be paid in one full payment versus biweekly.


6. Any questions further contact Colonial Transfer at 866-882-3110 or refer to www.ColonialTransfer.com “Terms & Conditions” under “About Us”.

CONFIDENTIALITY

We may disclose information to third parties about your Account or the transactions you make:

1. Where it is necessary for completing transactions;


2. In order to verify the existence and condition of your Plan for a third party, such as Merchant;


3. In order to comply with government agency or court orders, or other legal reporting requirements;


4. If you give us your written permission; or


5. To our employees, auditors, affiliates, service providers, or attorneys, as needed.

OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not properly complete a transaction to or from your Plan on time or in the correct amount according to our Agreement with you, we will be liable for your losses. However, there are some exceptions. We will not be liable, for instance:

1. If through no fault of ours, you do not have enough funds available in your Bank Account to complete the transaction;


2. If a Lender refuses to accept your Plan;


3. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;


4. If access to your Account has been blocked after you report or question anything to the bank either intentional or unintentional.


5. If there is a hold (or Hold) on your funds or your funds are subject to legal process or other encumbrance restricting their use;


6. If we have reason to believe the requested transaction is unauthorized;


7. If circumstances beyond our control (such as fire, flood, cyber-attack, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or


8. Any other exception stated in our Agreement with you.

INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS

In case of errors or questions about your Plan Account, call us at 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com as soon as possible if you think an error has occurred in your Plan Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Plan Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com. You will need to tell us:

1. Your name and Plan Number;


2. Why you believe there is an error, and the dollar amount involved; and


3. Approximately when the error took place

If you report the error to us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days of your oral notification.

We will attempt to 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 your complaint or question. If we decide to do this, we will credit your Plan Account within ten (10) Business Days for the amount you think is in error, less $50.00, so that you will have the money during the time it takes us to complete our 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 Plan Account and may close our investigation.

For errors involving Plan Accounts we may take up to ninety (90) days to investigate your complaint or question. For new Plan Accounts, we may take up to twenty (20) Business Days to credit your Plan Account for the amount you think is in error.

We will tell you the results within three (3) Business Days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error‐resolution procedures, call us at 1-866-882-3110.

UNAUTHORIZED TRANSFERS

If you believe an electronic fund transfer has been made using the information from your Plan without your permission, Call 1-866-882-3110, AT ONCE.

THIRD PARTY PROVIDERS

We may arrange for third party providers to provide products or services to you in connection with your Plan ("Third Party Providers"). In order to use these products or services, it is required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to this Agreement or continuing to use such services, you hereby agree to any Third Party Provider terms that apply to your use of such products and services in connection with the Plan, which may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider.

BANKING ADMINISTRATOR

The Colonial Transfer Payment Plan (“Plan”) is administered by Customers Bank, member of FDIC. The Plan is marketed and distributed by Colonial Transfer on behalf of Customers Bank. Be sure to refer to your Colonial Transfer Payment Plan Agreement (the “Agreement”) for a complete list of terms and conditions and your rights and responsibilities under the Agreement.

ENGLISH LANGUAGE CONTROLS

Any translation of this Agreement is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English language version. The English language version of this Agreement shall govern in the event of any conflict in meaning or translation into any other language. If your Plan agreement was signed and filled out in another language and you need Terms and Conditions in another language please notify Colonial Transfer at 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com

AMENDMENT AND CANCELLATION

We may (a) amend or change the terms and conditions of this Agreement or (b) terminate, cancel, or suspend your Plan Account or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by calling us at 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com. Cancellation. Termination, cancelling, or suspending Plan will require a clarifying all parties intentions which would require validation of actual party thru some form of identification process. No termination, cancellation, or suspension will be final until validation is received. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event your Plan Account is cancelled, closed, or terminated for any reason, so long as you used your Plan Account in accordance with the terms of this Agreement, you may request the unused balance to be returned to you via a check to the mailing address we have in our records, minus any applicable fees. For information about the fee, see the section labeled “Fee Schedule.” The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

UNCLAIMED PROPERTY

If we are unable to contact you and have no record of your use of the Plan for one or more years, applicable law may require us to report any funds in your Plan Account as unclaimed property. If this occurs, we may attempt to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges including, but not limited to a fee to close your Plan Account and send a check to the applicable state from such unclaimed funds, as permitted by applicable law. We will comply with unclaimed property laws and appropriately engage in escheatment activities as required by state law.

DELIVERY OF ELECTRONIC COMMUNICATIONS

The following E‐Sign Disclosure and Consent (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Plan Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically. If you have not consented and would like to receive Communications electronically from us, call 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com

1. Communications to Be Provided in Electronic Form. When you activate and use your Plan or use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
   
   
   • All legal and regulatory disclosures and communications associated with your Plan Account and any related products or services;
   • Your Plan Agreement and any notices about a change in terms of your Plan Agreement;
   • Privacy policies and notices;
   • Error Resolution policies and notices;
   • Responses to claims filed in connection with your Plan Account;
   • Any annual notices or disclosures; and
   • Notices regarding insufficient funds or negative balances.
   
   
   
2. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e‐mail (if you have elected to receive e‐mail messages from us), (2) by access to a web site that we will designate in an e‐mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to the Colonial Transfer internal notification capabilities.



3. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com. If you do withdraw your consent, we will send subsequent Communications to you in writing to the most current e-mail or mailing address we have for you in our records. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.



4. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e‐mail address (if you have elected to receive e‐mail messages from us), your contact information, and other information related to this Disclosure and your Plan Account, and to maintain and update promptly any changes in this information. You can update information (such as your e‐mail address) through calling 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com



5. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it, which a $10 dollar fee will be charged, or we otherwise deem it appropriate to do so. To request a paper copy, contact us by calling 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the Fee Schedule for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.



6. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

CUSTOMER SERVICE

For customer service or additional information regarding your Plan Account, please contact us at:

Colonial Transfer: Call 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com

Customer Service agents are available to answer your calls Monday thru Friday, 9 to 5 Eastern Time, excluding Federal holiday schedules.

TELEPHONE MONITORING/RECORDING

From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

NO WARRENTY REGARDING GOODS AND SERVICES

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Plan or Plan Account.

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Plan Account or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross‐claims and third‐party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Plan Account; (ii) the amount of available funds in your Plan Account; (iii) advertisements, promotions or oral or written statements related to your Plan Account, or goods or services purchased with your Plan; (iv) the benefits and services related to your Plan Account; and (v) your enrollment for any Plan. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Issuer, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Plan Accounts (including, but not limited to merchants who accept the Plan or Virtual Account, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co‐party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Plan, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional Plan holders.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows:

(i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; or (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

SIGNIFICANCE OF ARBITRATION

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Plan holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to the mailing address we have in our records and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1‐16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. 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. However, any party can appeal that award to a three‐arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three‐arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Plan Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.

FEE SCHEDULE

All fees will be withdrawn from your Plan Account and will be assessed as long as there is a remaining balance in your Plan Account, except where prohibited by law. Any time your remaining Plan Account balance is less than the fee amount being assessed, the balance of your Plan Account will be applied to the fee amount.

Refund Policy: The Plan Service Charge Amount or ANY Debt Service Charge, IS NOT REFUNDABLE ONCE RECEIVED BY PLAN. Please call Customer Service at 1-866-882-3110, write to us at Colonial Transfer, 4 Corporate Drive, Clifton Park, NY 12065, or email us at Support@Colonialtransfer.com with questions about our refund policy or any fees. Any and all refunds, if due are at par.

FEE SCHEDULE