Terms of Service

1. Acceptance of Terms

Welcome to NetPay Advance. By accessing our website at netpayusadvance.com or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

These Terms apply to all users of our website and services, including without limitation users who are browsers, customers, and/or contributors of content.

If you do not agree with any part of these Terms, you must not use our website or services.

2. Description of Services

Net Pay Advance, Inc. ("NetPay Advance," "we," "us," or "our") is a licensed direct lender providing short-term financial services including:

• Cash loans: Short-term loans typically due on your next payday
• Installment Loans: Loans repaid over time with fixed monthly payments
• Lines of Credit: Revolving credit lines you can draw from as needed

Our services are available to residents of California, Kansas, Missouri, Texas, Tennessee, and Utah, subject to state-specific regulations and licensing requirements.

3. Eligibility Requirements

To be eligible for our services, you must meet the following minimum requirements:

• Be at least 18 years of age (19 in Alabama and Nebraska)
• Be a legal resident of a state where we are licensed to operate
• Have a valid Social Security number or Individual Taxpayer Identification Number
• Have a regular source of income
• Have an active checking account in your name
• Provide a valid phone number and email address
• Meet any additional state-specific requirements

Meeting these requirements does not guarantee loan approval. All loan applications are subject to our underwriting criteria and approval process.

4. Loan Application Process

4.1 Application Submission

When you submit a loan application, you represent and warrant that:

• All information provided is accurate, complete, and truthful
• You are legally authorized to provide the information
• You have the legal capacity to enter into a binding contract
• You are not submitting fraudulent or misleading information

4.2 Credit Check Authorization

By submitting an application, you authorize us to:

• Obtain your credit report and credit score from credit bureaus
• Verify your identity and employment information
• Verify your bank account information
• Share information with service providers necessary to process your application

4.3 Application Decision

We will review your application and notify you of our decision. Approval is not guaranteed, and we reserve the right to approve, deny, or request additional information for any application at our sole discretion.

5. Loan Terms and Conditions

5.1 Loan Agreement

If your loan application is approved, we will provide you with a loan agreement that includes:

• Loan amount
• Annual Percentage Rate (APR)
• Finance charges and fees
• Payment schedule and due dates
• Total amount to be repaid
• State-specific disclosures

5.2 Acceptance

You must review and electronically sign the loan agreement to accept the loan. Your electronic signature has the same legal effect as a handwritten signature.

5.3 Right to Cancel

Depending on your state, you may have a limited right to cancel your loan. Specific cancellation rights and procedures will be disclosed in your loan agreement.

6. Repayment Obligations

6.1 Payment Authorization

By accepting a loan, you authorize us to:

• Initiate electronic fund transfers (ACH debits) from your bank account
• Withdraw loan payments on scheduled due dates
• Make adjustments for partial payments or returned items
• Initiate payments as necessary to collect amounts owed

6.2 Payment Due Dates

Payments are due as specified in your loan agreement. You are responsible for ensuring sufficient funds are available in your account on due dates.

6.3 Failed Payments

If a payment is returned or fails due to insufficient funds or other reasons:

• You will be charged a returned payment fee (as permitted by state law)
• We may initiate additional collection attempts
• Late payment fees may apply
• Your loan may be reported as delinquent to credit bureaus

6.4 Early Repayment

You may repay your loan early at any time without prepayment penalties. Early repayment may reduce the total interest you pay.

7. Fees and Charges

Fees vary by state, loan type, and loan amount. Common fees may include:

• Finance Charges: Interest and fees for borrowing money
• Origination Fees: One-time fees for processing the loan (if applicable)
• Late Payment Fees: Charges for payments made after the due date
• Returned Payment Fees: Charges for ACH returns or failed payments
• Instant Funding Fees: Optional fees for expedited funding

All applicable fees will be clearly disclosed in your loan agreement before you accept the loan.

8. Electronic Communications and Signatures

8.1 E-SIGN Consent

By using our services, you consent to receive all communications, documents, and disclosures electronically in accordance with the federal E-SIGN Act.

8.2 Electronic Records

We may provide all notices, disclosures, and other communications to you electronically by:

• Posting on our website
• Sending to your email address
• Making available through your online account
• Text message (for certain notifications)

8.3 Hardware and Software Requirements

To access electronic communications, you must have:

• A computer or mobile device with internet access
• A current web browser with cookies enabled
• A valid email address
• Software capable of viewing PDFs (such as Adobe Reader)

9. Account Access and Security

9.1 Account Credentials

You are responsible for maintaining the confidentiality of your account login credentials. You agree to:

• Choose a strong, unique password
• Not share your credentials with others
• Notify us immediately of any unauthorized access
• Log out after accessing your account

9.2 Account Security

You are responsible for all activities that occur under your account. We are not liable for any losses resulting from unauthorized use of your account.

10. Prohibited Uses

You agree not to use our website or services for any unlawful purpose or in any way that could damage, disable, or impair our services. Prohibited activities include:

• Providing false, inaccurate, or misleading information
• Attempting to defraud or deceive us or others
• Using automated means to access our website without permission
• Attempting to gain unauthorized access to our systems
• Interfering with the proper functioning of our services
• Violating any applicable laws or regulations
• Using our services if you are prohibited by law from doing so

11. Intellectual Property

All content on our website, including text, graphics, logos, images, software, and other materials, is the property of NetPay Advance or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or modify our content without permission
• Use our trademarks or logos without authorization
• Remove or alter copyright or trademark notices
• Create derivative works based on our content

12. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

13. Disclaimers and Limitations

13.1 Service Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

• Our services will be uninterrupted or error-free
• Defects will be corrected
• Our website is free of viruses or harmful components
• Results from using our services will meet your expectations

13.2 Limitation of Liability

To the maximum extent permitted by law, NetPay Advance shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services.

13.3 Third-Party Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of any third-party sites.

14. Indemnification

You agree to indemnify, defend, and hold harmless NetPay Advance, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your breach of these Terms
• Your violation of any law or rights of a third party
• Any fraudulent or illegal activity

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

If you have a dispute with us, please contact us first to attempt to resolve the issue informally. Contact our customer service at (888) 942-3320 or customerservice@netpayusadvance.com.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or our services shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

15.3 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. However, state-specific loan terms and conditions will be governed by the laws of your state of residence.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on our website
• Notify you of material changes via email or website notice

Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

18. Termination

18.1 By You

You may stop using our services at any time, subject to your existing loan obligations.

18.2 By Us

We may terminate or suspend your access to our services immediately, without prior notice, for:

• Breach of these Terms
• Fraudulent or illegal activity
• Provision of false information
• Any other reason at our sole discretion

18.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. You remain obligated to repay any outstanding loan balances according to your loan agreement.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any loan agreement, constitute the entire agreement between you and NetPay Advance regarding our services.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19.4 Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.

19.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and NetPay Advance.

20. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us: