Deese Marketing Association Payments Terms and Conditions
Last Updated: January 2020
HOW IT WORKS
Subscribing to Deese Marketing Association Zero % Interest “Financing Schedule” allows you to pay for goods or services offered by Deese Marketing Association with a series of payments over time. We pay the Provider on your behalf for the goods or services you purchase, and you agree to repay those amounts to Deese Marketing Association in accordance with this Agreement and the specific terms presented to you at the time of purchase. You may not use or permit your Zero % Interest “Financing Schedule” to be used to make any illegal transaction.
- Use your own valid debit or credit card to pay (no prepaid cards).
- The first payment is charged when you subscribe to your Zero % Interest “Financing Schedule” (Financing schedule auto applied upon first payment made).
- There are no interest charges with Zero % Interest “Financing Schedule”, and no fees when you follow your “financing schedule.”
- If you have paid us for more than the total amount of the goods or services related to your “Financing Schedule, we will credit the balance back to your “Financial Schedule” balance.
- The issuer of your card may charge interest or fees under your agreement with them. If you have any questions about those charges, contact your card issuer.
COMPLETE TERMS:
The following Payment Agreement Terms apply between (“Deese Marketing Association,” we,” or “us”) and the user of this payment option (“you”). In addition to these Payment Agreement Terms, your use of the Deese Marketing Association Services is governed by the Deese Marketing Association Terms of Service, which includes your agreement to:
If you do not agree to these terms, you must not use Deese Marketing Association’s Zero % Interest “Financing Schedule”. The Deese Marketing Association Terms of Service combined with these Payment Agreement Terms are a contract between you and Deese Marketing Association.
If you are offered a Zero % Interest “Financing Schedule”, you have the option to pay for your purchase with a credit card, debit card or PayPal according to the “Financial Schedule.” You will make your payments directly to Deese Marketing Association using your card. Deese Marketing Association does not charge you any interest to use this service, however the issuer of your card may charge interest or other fees under the terms of your card agreement.
Accepted Cards:
We may limit the types of cards we accept at our discretion. If a type of card is not accepted, you will be notified before the payment is completed. Most valid credit and debit cards that are not scheduled to expire in the near future are accepted. We do not accept prepaid cards.
Due Date:
When using a Zero % Interest “Financing Schedule,” your first payment will be when you accept the final draft of our services. This typically occurs when you enter your card details and make payment to your plan but could also happen when your Provider confirms your payment. Scheduled Due Dates are disclosed in Eastern Standard Time, USA.
In the event you have more than one Zero % Interest “Financing Schedule,” we will create different installment due dates for each Zero % Interest “Financing Schedule.” Each Zero % Interest “Financing Schedule” will have its own Due Date depending on the day you subscribed to the Zero % Interest “Financing Schedule.”
Extending Due Date (Snooze):
If you think you will need more time to update your payment method before your next Due Date, you have the option to extend the Due Date by an additional two weeks. You can do this by emailing your request to admin@deesemarketingassociation.com before your courtesy Snooze period expires. If you choose to extend a Due Date, you will be charged a non-refundable $3 Snooze fee, which will be added to the amount due on the extended Due Date. The ability to extend your Due Date is offered at our discretion and may not always be available.
Late Payment:
If we are unable to charge your selected payment method for the amount due on your Due Date we will provide you a courtesy 5-day Snooze period so that you can update your payment method or ensure enough funds are available on your selected card. If you update your card, we will attempt to collect the late payment immediately. Otherwise we will attempt to charge your original card again after the 5-day period. It is important you ensure enough funds are available to complete your payment on the Due Date.
If you fail to make a payment by the end of the courtesy Snooze period, you will be in default and may be unable to use the service in the future. We may continue to attempt to collect overdue and currently due payments on subsequent Due Dates, or invoice you for separately for the unpaid total.
Late Payment Fees:
If you correct a payment failure within your courtesy 5-day Snooze period, you will receive no fee for failing a payment. We will charge you a $10 late fee for each payment that is not made on its scheduled due date and has not been corrected within your courtesy 5-day Snooze period (assuming your Due Date has not been extended as described in the paragraph above).
Returns:
Any returns or refunds credited to your services will reduce your outstanding balance, but do not count as payments. You will need to continue to make your previously disclosed payments at scheduled Due Dates until your balance is paid in full. If you have a credit balance you authorize us to credit the balance back to (a) your card, or any other card we have on file for you; (b) by check to your mailing address on file; or (c) by direct deposit any of your bank accounts on file or stated on any check you presented to us for payment.
Default:
You will be in default if: (a) you fail to make any payment by Due Date after any applicable Snooze period(s); (b) you become the subject of insolvency or bankruptcy proceedings; (c) you supply false, misleading, or incorrect information to us; (d) a payment is returned to us by your bank; or (e) you violate or are unwilling to comply with any provision in the Terms.
If you are in default Deese Marketing Association may: (a) charge the outstanding balance on your Zero % Interest “Financing Schedule” immediately, using any card we have on file for you or by a separate invoice; (b) employ a debt collection agency to receive payment and you will have to pay all reasonable costs (including attorney’s fees) incurred by Deese Marketing Association and/or the debt collection agency; and (c) report default information to credit bureaus.
Storing Card Details:
You authorize Deese Marketing Association to store your card details in our systems. We will use this information to authorize future charges under these Terms. In the event Deese Marketing Association obtains updated card information from the card issuer, you agree that we may update and use this updated information in our system.
Debit Card Transactions:
If you use a debit card, you authorize Deese Marketing Association to initiate preauthorized transfers from the related account. The amount of each transfer is disclosed during the creation of your financing schedule. You agree we may initiate transactions in the amounts listed, or less, in the event that part of your purchase is returned, or the final amount of the transaction is less than the initial amount of the financing schedule. Your final payment schedule will be emailed to you. If you would like to cancel preauthorized transfers from your account, you may change your payment card or contact your financial institution. You agree these terms will serve as your copy of your authorization for Deese Marketing Association to initiate preauthorized transfers. We will provide notice within 2 days after each payment confirming that you have paid the amount listed in your payment schedule (or less, in the event part of the purchase is returned or the final amount of the transaction is less than the initial amount of the financing schedule).
Recording Calls:
You understand and agree that Deese Marketing Association may, without further notice or warning and in our discretion, monitor or record telephone conversations with you or anyone acting on your behalf has with Deese Marketing Association or its service provider or agents for quality control and training purposes or its protection. You acknowledge and understand that, while your communications with Deese Marketing Association may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Deese Marketing Association, and Deese Marketing Association does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
No Liability in the Transaction: Deese Marketing Association is not engaged in the sale of any goods or services financed by Deese Marketing Association. Deese Marketing Association does not have control of, or liability for, the products or services financed through the Deese Marketing Association. We provide you with financing for your purchases.
Indemnification:
You agree to defend, indemnify and hold Deese Marketing Association, our parent, Affiliates and the officers, directors, agents, joint ventures’, employees and suppliers of Deese Marketing Association harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Deese Marketing Association Services, and/or your violation of any law or the rights of a third party.
No Guarantee of Approval:
We evaluate each purchase as an independent request for financing. Approval of financing for a prior purchase with us does not guarantee future approval.
Assignment:
You may not transfer or assign any rights or obligations you have under this Agreement without Deese Marketing Association’s prior written consent. Deese Marketing Association reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Complaints:
For complaints, you may contact us via email at admin@deesemarketingassociation.com or by regular mail at Deese Marketing Association 4048 Poplin Rd., Monroe, NC 28110, Attn: Zero % Interest .
No Waiver:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
MANDATORY ARBITRATION OF DISPUTES:
Opt-out:
NOTWITHSTANDING THE FOREGOING, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE Deese Marketing Association SERVICES OR OTHERWISE ACCEPT THE TERMS AFTER THE TERMS HAVE GONE INTO EFFECT (THE “OPT OUT DEADLINE”). YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FULLY COMPLETING, SIGNING AND DATING THE ARBITRATION OPT-OUT NOTICE FORM AND MAILING IT TO DEESE MARKETING ASSOCIATION VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: Deese Marketing Association 4048 Poplin Rd., Monroe NC 28110. ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION OR SMALL CLAIMS COURT.
Prohibition of class and representative actions and non-individualized relief:
YOU AND DEESE MARKETING ASSOCIATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DEESE MARKETING ASSOCIATION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAMS). ANY RELIEF AWARDED CANNOT AFFECT OTHER DEESE MARKETING ASSOCIATION USERS.
Arbitration procedures:
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, and injunctive or declaratory relief. An arbitrator also must follow the Terms as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Arbitration Provision. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitration shall be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or Deese Marketing Association, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or Deese Marketing Association may elect to have the arbitration conducted based solely on written submissions pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission, which election shall be binding on you and Deese Marketing Association subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
Costs of arbitration:
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Arbitration Provision. If the value of the relief you are seeking is $10,000 or less, Deese Marketing Association will pay or reimburse your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Deese Marketing Association should be submitted by mail to the AAA along with your Demand for Arbitration and Deese Marketing Association will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Deese Marketing Association for all fees associated with the arbitration that Deese Marketing Association paid on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Jury waiver:
IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND DEESE MARKETING ASSOCIATION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DEESE MARKETING ASSOCIATION EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Future changes to this arbitration provision:
Notwithstanding any provision in these Terms to the contrary, you and Deese Marketing Association agree that if we make any change to this Arbitration Provision (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Deese Marketing Association prior to the effective date of the change.
