Payment Terms

Last updated March 4, 2019

1. Nature of Agreement

This Agreement is a binding legal contract made between you and Lexop Solutions Inc., a Canadian company (“Lexop”, “We”, “Our”). This Agreement contains the terms and conditions that you must comply with and are bound by if you wish to access and use Lexop’s Payment Plan and auxiliary services (“Service”).

IMPORTANT! YOU MAY ACCESS AND USE SERVICE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS PAYMENT PLAN TERMS AND CONDITIONS (“TERMS”) CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD NOT USE THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS UPDATED FROM TIME TO TIME.

2. General Certification

You hereby represent and warrant that you are eighteen (18) years old or older. You further certify that you are the person contacted via Lexop on behalf of your Creditor (as defined below) to pay your balance or that you are authorized by that person or entity to use Service and to bind that person or entity under these Terms.

3. Payment Terms

You hereby acknowledge and agree to the payment terms that you chose by opting for a specific plan on Lexop’s Service interface (“Flexible Plan”). The Flexible Plan terms you opted for include the following: Current outstanding balance; Starting date for the plan; Frequency of payment; Number of payments for the plan; Payment amount; Number of late payments approved; Total discount; Total savings. These terms included in Flexible Plan are an integral part of the Terms thereof.

4. Payment Processing Date

All payments made by Credit Card or Debit Card will be processed by 11:59pm Eastern Time on the date in which the payment is made or the date on which the payment is scheduled. All payments made by ACH transfer will be processed by 11:59pm Eastern on the date in which the payment is made or the date on which the payment is scheduled, unless the payment date is a weekend or holiday in which case the payment will be processed the next business day.

5. One-Time Credit Card and ACH Authorization

If you are making a one time payment by credit card, debit card, or ACH, you hereby authorize Lexop to debit the bank account or credit card you entered on our payment form for the noted amount on today’s date, or the date on which your payment is scheduled. This payment is made towards your outstanding balance owed to the Creditor we represent. You understand that returns, refunds, and cancellations may be subject to fees and penalties imposed by your financial institution which will be solely your responsibility. In the case of an ACH, debit, or credit card transaction failing or being rejected for Non-Sufficient Funds (NSF) you understand that Lexop may attempt to charge again within 30 business days of the payment failure. You acknowledge that origination of ACH transactions to your account must comply with U.S. and Canadian laws. You certify that you are an authorized user of this credit card or bank account and that you will not dispute the payment with your credit card company or bank so long as the transaction corresponds to the terms of this web form.

6. Recurring Credit Card and ACH Authorization

If you are making a recurring payment by credit card, debit card, or ACH, you hereby authorize Lexop to debit the bank account or credit card you entered on our payment form for the noted amount on the scheduled dates. This payment is made towards your outstanding balance owed to the Creditor we represent. You understand that returns, refunds, and cancellations may be subject to fees and penalties imposed by your financial institution, which will be solely your responsibility. You understand that this authorization will remain in effect until the schedule end date, or until you cancel it in writing, whichever comes first, and agree to notify Lexop at least 7 business days prior to the next billing date. In the case of an ACH transaction being rejected for Non-Sufficient Funds (NSF) you understand that Lexop may attempt to charge again within 30 business days of the payment failure. You acknowledge that origination of ACH transactions to your account must comply with U.S. and Canadian laws. You certify that you are an authorized user of this credit card or bank account and that you will not dispute the payment with your credit card company or bank so long as the transaction corresponds to the terms of this web form.

7. Payments Paid Directly to Creditor

At any time you may pay any amount owed on your balance directly to the original creditor with whom you accrued the amount owed on your balance or the current creditor (“Creditor”). The amount paid by you to Creditor will be credited subject to these Terms and based on payment reports we receive from Creditor.

8. Events of Default; No Waiver

All sums remaining unpaid under this Service become immediately due and payable, without notice, demand, or presentment, and regardless of any prior tolerance, on the occurrence of any of the following events: (a) Your failure to make any payment when due under these Terms and/or Plan, including without limitation the final payment due under this Service at its maturity; (b) Failure of processing any payment due to any kind of fraudulent, abusive and/or negligent behavior on your side, including but not limited to charge-offs and charge-backs. (c) The filing of a petition in bankruptcy by, or the initiation of any proceeding under any bankruptcy or insolvency laws against you; (d) The making of a general assignment for the benefit of creditors by you. No delay or omission by Lexop in exercising any right or remedy under this Service or any other agreement executed in connection with this Service operates as a waiver of the future exercise of that right or remedy or of any other rights or remedies under this Service or any other agreement executed in connection with this Service.

9. Acceleration Clause

On the occurrence of any event of default under this Service Lexop, in accordance with the Creditor, may terminate Service and may declare the entire unpaid principal balance of your debt and all accrued Administrative Fees thereon to be immediately due and payable.

10. Cancellation

Lexop reserves the right to cancel Service for any reason, including if the Creditor, to whom the underlying balance under Service is owed, retracts your account from our system and no longer confers the right to collect your balance on its behalf.

11. Remedies Cumulative

All rights stated in these Terms or any other agreement executed in connection with this Service are cumulative and in addition to all other rights provided by law, in equity, or in any agreement executed in connection with this Service.

12. Time of the Essence

Time is of the essence for every obligation under these Terms or any other agreement executed in connection with this Service.

13. Communication

When you use our Service, you agree that we may communicate with you electronically or by phone any important information regarding the Service or your status. We may use either the phone number and electronic mail address that you provided to Creditor or the phone number and electronic mail address that you provided directly to us.

14. Privacy Policy

Your privacy is important to Lexop. When you use our Service we collect both identifiable and non identifiable information about you (“Information”) and we keep Information Safe. To learn more about how Lexop uses Information and keeps Information safe, read our Privacy Policy carefully. You may find our Privacy Policy at: https://lexop.com/terms-policies/ . Note: by agreeing to these Terms and using Service you also acknowledge and agree to our Privacy Policy.

15. Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable. The courts of the Province of Quebec shall have exclusive jurisdiction with respect to all actions, claims, and proceedings arising out of or relating to these Terms or to the use of the Service. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

16. Acknowledgement and Exclusivity

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LEXOP, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LEXOP RELATING TO SERVICE. THIS AGREEMENT MAY BE AMENDED AT ANY TIME AND FOR ANY REASON, AND ANY SUCH CHANGE SHALL BECOME EFFECTIVE UPON POSTING TO THIS WEBSITE. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES SO WE RECOMMEND YOU REVIEW THIS PAGE PERIODICALLY.