Terms & Conditions
This is our agreement with you regarding your loan. It contains important terms and conditions. You should read it carefully before you electronically sign it.
The words “you” and “your” mean the borrower who has electronically signed it. The words “we”, “us” and “our” mean Rosebud Lending BHL D/BA/ Firstpayloans. We are a sovereign enterprise, an economic development arm and instrumentality of, and wholly-owned and controlled by the Rosebud Sioux Tribe, a federally-recognized sovereign American Indian Tribe. This means that your loan is provided by a sovereign government and the proceeds of our business fund governmental services for Community citizens. All disclosures in this Agreement are also terms and conditions of this Agreement.
You must electronically sign this Loan Agreement and submit it to us with your application. We will then approve or deny your application. If we approve it, the proceeds of your loan will disbursed to you and this Agreement will be in full effect.
RIGHT TO CANCEL. You have the right to cancel this Agreement without cost within three days from the date we notify you that your application has been approved by us. If you decide to cancel this Agreement you must send us your notice of cancellation by email to email@example.com or by fax to 5610-513-4095 no later than midnight Central time on the second day after the Funding Date (the “Midnight Deadline”). You must also return all proceeds of your loan that you received by the Midnight Deadline. To return those amounts to us, your notice of cancellation must also include your authorization for us to use one of the payment methods you selected on your Disbursement and Payment Choice. If we do not receive your notice of cancellation and return of your loan proceeds by the Midnight Deadline, then this Agreement will remain in full force and effect.
YOUR PROMISE TO PAY. You promise to pay to the order of Lender or any assignee of this Agreement from the date of this agreement the principal sum plus interest (and any applicable fees) on the unpaid principal balance of the loan at the rate of 2% per day (“the Contract Rate”) until the amount you owe under this Agreement is repaid in full (the “Loan”). You promise to pay this amount in installments in the amounts and on the dates set forth above (“Payment Due Date”) in the Payment Schedule section of the Federal Truth in Lending Disclosure above. The term “Installment Period” means the time period set forth in the Payment Schedule above when each installment payment on your Loan is due. You agree to make your payments using the method or methods you selected in your Disbursement and Payment Choice Authorization.
REPAYMENT SCHEDULE: You must repay this loan in payments according to the Payment Schedule set forth above in the Federal Truth-in-Lending Disclosure. The first four (4) payments that are required will be for interest only on the outstanding principal balance. After the interest only period, your payment shall be made up of principal repayments of 15% of the original loan amount plus interest of 2% per day based on outstanding unpaid balance of the Loan for each Installment Period until the Loan is repaid in full.
PREPAYMENT. In addition to Your right to cancel your loan by repaying us the entire Amount Financed, You may prepay your loan after the cancellation period but before the payment is due (“Due Date”). If You do, We will give you a credit against your interest charges. The credit will equal the Finance Charge shown above times a fraction. The fraction is the number of days you pay before the Due Date divided by the number of days from the Funding Date through the Due Date. To arrange to prepay your loan in whole or in part, you must go online at www.firstpayloans.com or call us at 877-873-8710 to alert us of your intention to make a prepayment and then follow our instructions. Partial prepayments will not change the amount or due date of your remaining payments until this Agreement is paid in full.
DISBURSEMENT. If your Loan is approved, we will disburse your loan proceeds within 2 business days. A Business Day is a regular work day and does not include Saturday, Sunday or holidays. You authorize us to use commercially reasonable efforts to initiate a credit entry by depositing the proceeds of your Loan into the bank account or onto the payment instrument that you first authorized in your Disbursement and Payment Choice Authorization. The date that your loan proceeds are deposited to Your Bank Account or onto your payment instrument is the “Disbursement Date”. Unavoidable delays such as bank holidays, the processing schedule of your individual bank, inadvertent processing errors, “acts of God” or “acts of terror” may extend the time for the deposit.
ALL SUMS DUE. If you fail to make your payments on time we can require you to pay your unpaid balance in full. We can also require you to pay your unpaid balance in full if you break any promise you made in this Agreement or if any statement that you made in your application or in connection with your loan is untrue or becomes untrue. This means that you must pay us all principal, finance charges and other amounts that you owe us.
REFUSED INSTRUMENT CHARGE. If your payment method is stopped, denied or otherwise dishonored, then you agree to pay us a fee of $30. Your refused instrument may also cause your payment to be late which could result in you also having to pay a late charge.
CONSUMER REPORTS. You authorize us to obtain consumer reports about you now or in the future as long as you owe us money under this Agreement. We may report information about your performance under this Agreement to credit reporting agencies. Late payments, missed payments and defaults may be reported. This may negatively impact your ability to receive loans or advances from other companies or to write checks.
CREDIT DISPUTES; IDENTITY THEFT: If you believe that any information about your loan that we have furnished to a consumer reporting agency is inaccurate, or if you believe that you have been the victim of identity theft in connection with any loan made by us, write to us at PO Box 1144 Mission, SD 57555. In your letter (i) provide your name and loan number, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If You believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between you and us relating to it. Any change to this Agreement must be in writing and we must sign it. No oral changes are binding.
OTHER RIGHTS. We may delay enforcing any of our rights without losing them. We can enforce this Agreement against your heirs and legal representatives,. We may assign this Agreement and our rights under it without notice to you and we don’t need your consent.
ASSIGNMENT: We may assign or transfer this Agreement or any of our rights under this Agreement.
Default: Time is of the essence, and you will be in default under this Agreement (as it may be amended) if you do not make any payment when due. Upon default, we may, without notice or demand, declare the entire amount then unpaid immediately due and payable.
LAW THAT APPLIES. The laws of the Rosebud Sioux Tribe (“Tribal Law”) will govern this Loan Agreement, without regard to the laws of any state or other jurisdiction, including the conflict of laws rules of any state. You agree to be bound by Tribal Law, and in the event of a bona fide dispute between you and us, Tribal Law shall exclusively apply to such dispute.
SOVEREIGN IMMUNITY. This Agreement together with any related documents are being submitted by you to us as a sovereign enterprise, an economic development arm and instrumentality of the Community which shares in the governmental sovereign immunity of the Tribe. Because we and the Tribe are entitled to sovereign immunity, you will be limited as to what claims, if any, you may be able to assert against us. To encourage resolution of consumer complaints, any complaint may be submitted by you or on your behalf to arbitration as described below.
PRESERVATION OF SOVEREIGN IMMUNITY. It is the express intention of the Community and us operating as an economic arm of the Community, to fully preserve, and not waive other than as expressly provided in this Agreement, our sovereign governmental immunity from suit, and any other rights, titles, privileges, and immunities, to which we or the Community are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of sovereign immunity. No waiver is or can be made except by express written declaration of the Community’s governing Council specifically authorizing a waiver for the matter in question. Except as pertaining to a single, potential arbitration between you, as an individual consumer, and us, no such waiver has been made with respect to this Agreement, your Disbursement and Payment Choice Authorization or any other related document.
TELEPHONE CALLS AND TEXT MESSAGES REGARDING YOUR LOAN. You agree that We may monitor and/or record any of Your phone conversations with any of Our representatives. We may use automated telephone dialing, text messaging systems and electronic mail to provide messages to You about payment due dates, missed payments, options to amend this Note and other important information. The telephone messages are played by a machine automatically when the telephone is answered, whether answered by You or someone else. These messages may also be recorded by Your answering machine. By providing us with your cell or mobile telephone number, you authorize us to contact you from time to time regarding your application and loan at that number using text messages. Standard text messaging and/or calling charges by your communications carrier may apply. You may withdraw your consent to receive text messages by calling us at 1-877-873-8710 or emailing us at firstname.lastname@example.org. We will not impose any fee to process the withdrawal of your consent to receive text messages. Any withdrawal of your consent to use text messages will be effective only after we have a reasonable period of time to process your withdrawal.
ADVERTISING OR TELEMARKETING TEXT MESSAGES AND TELEPHONE CALLS. By signing this section, you consent to our sending you advertising and telemarketing text messages to the mobile phone number you have provided below. You also consent to our making advertising or telemarketing calls to you at your mobile phone number using automatic telephone dialing system or an artificial or prerecorded voice.
You are not required to consent to advertising or telemarketing Text Messages or calls to obtain credit or other services from us. At any time, you may withdraw your consent to receive advertising or marketing Text Messages or marketing calls to the mobile number provided by calling us at 877-873-8710 or emailing us at email@example.com.
You understand that: any Text Messages we send you may be accessed by anyone with access to your Text Messages; and your mobile phone service provider may charge you fees for Text Messages that we send you, and you agree that we shall have no liability for the cost of any Text Messages.
BANKRUTPCY. You promise that You are not currently a debtor in any bankruptcy proceeding, you are not contemplating bankruptcy and you have not consulted with an attorney regarding a potential bankruptcy filing in the past six months. You must provide any notice(s) of any future bankruptcy petition and all subsequent filings, motions, orders or correspondence to Us at PO Box 1144 Mission, SD 57555. You agree that any other written or oral communication concerning a bankruptcy is null and void and of no effect.
COMMITMENT TO CUSTOMER SERVICE. We believe our customer service team should be able to to make things right for our customers. We would prefer that you contact us first with any questions or concerns regarding your loan. We will work diligently to try to effectively resolve any questions or issues that you have. Please direct any questions, issues or disputes in the first instance to our management, in writing at firstname.lastname@example.org or by fax at (561) 513-4095 and we will do our best to help you quickly.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MUST BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION OR SIMILAR COLLECTIVE OR CONSOLIDATED PROCEEDINGS. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND THE ARBITRATOR’S DECISION IS FINAL AND BINDING. ARBITRATION PROCEEDINGS ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
INDIVIDUAL CONSUMER ARBITRATION. Our goal is to use individual consumer arbitration as an efficient and cost-effective means of resolving any Dispute (as defined below). Both you and us have the right to seek resolution of any Dispute by submitting a demand for arbitration to Judicial Arbitration and Mediation Services, Inc. (JAMS) (www.jamsadr.com), or the American Arbitration Association (AAA) (www.adr.org), at the option of the party requesting arbitration. Disputes also may be referred to another arbitration organization if you and we agree in writing.
ARBITRATION PROCEDURES. Any arbitration shall proceed only under the streamlined, expedited, consumer or small-dollar commercial rules of the selected arbitration organization in effect when the arbitration claim is filed and as provided in this Arbitration Provision. However, if those rules conflict with this Agreement, then this Agreement shall control. To keep costs low, you may utilize telephonic or internet hearings available through the selected arbitration organization. Alternatively, if you chose, the arbitration hearing may conducted in your county of residence or any other location that you and we mutually agree is reasonably convenient. We adhere to and follow the Consumer Due Process Protocol of the AAA, which can be found at: https://www.adr.org/, and the JAMS Minimum Standards of Procedural Fairness for consumer arbitrations, which can be found at: http://www.jamsadr.com/rules-consumer-minimum-standards. The arbitration panel shall consist of a single arbitrator chosen by the selected arbitration organization who shall be knowledgeable of the subject matter of the Dispute. No mediation shall be required. The arbitrator shall apply the laws of the Rosebud Sioux Tribe that govern this Agreement. Any arbitration award may be enforced in the courts of the Rosebud Sioux Tribe, our governmental regulator
LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR INDIVIDUAL CONSUMER ARBITRATION. Rosebud Lending BHL D/BA/ Firstpayloans provides a limited waiver of sovereign immunity for the single and specific arbitration between you, individually, and us.
NO CLASS ACTIONS OR CONSOLIDATED ACTIONS. There shall be no right or ability for any Disputes to be arbitrated or litigated on a class-wide or collective basis. Similarly, the claims of more than one person may not be arbitrated or litigated jointly or consolidated with any other individual’s claims. ANY ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE AN INDIVIDUAL CONSUMER ARBITRATION ONLY; NO CLASS ACTION ARBITRATION AND NO COURT ADJUDICATION WHATSOEVER SHALL BE AVAILABLE.
DISPUTE DEFINED: The word “Dispute” is given the broadest possible meaning and include, without limitation (a) all claims, disputes, or controversies arising from or relating directly or indirectly to this Arbitration Provision, (“this Provision”), the validity and scope of this Provision and any claim or attempt to set aside this Provision; (b) all U.S. federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your customer information application, and/or any past loan agreements between you and us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (g) all claims asserted by you individually against the Tribe, us and/or any of our employees, agents, directors, officers, governors, managers, members, parent company or affiliated entities (collectively, “related third parties”), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on your behalf by another person; (i) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (“Representative Claims”); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you.
All Disputes, including any Representative Claims against us and/or related third parties, shall be resolved by arbitration as provided in this Provision only on an individual basis with you. Any party to a Dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their Dispute and setting forth the subject of the Dispute along with the relief requested
THIS PROVISION IS BINDING. This Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Provision is binding upon and benefits the Tribe, the Community, us, our successors and assigns, and related third parties. This Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
THIS ARBITRATION PROVISION MEANS THAT:
- YOUR RIGHT TO FILE SUIT AGAINST US FOR ANY CLAIM OR DISPUTE REGARDING THIS AGREEMENT IS LIMITED BY THIS PROVISION AND SOVEREIGN IMMUNITY;
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES.
IF YOU ARE NOT COMFORTABLE DOING BUSINESS WITH A SOVEREIGN ENTERPRISE NOT SUBJECT TO SUIT IN ANY FORUM OTHER THAN THE INDIVIDUAL CONSUMER ARBITRATION ALLOWED UNDER THIS AGREEMENT, THEN DO NOT EXECUTE THIS AGREEMENT.
CONSENT TO ELECTRONIC COMMUNICATIONS AND DISCLOSURES
You agree that we may electronically provide you with all communications, disclosures and other information regarding your application and loan (“Communications”). Your consent does not apply to any future transactions that may occur between us. You should print out, download or otherwise store all of these Communications to keep for your records.
You will need a computer with internet access and a printer capable of printing text screens or hard drive capable of storing data. In addition, you must use an internet browser software that supports 128-bit encryption. If you want to review additional information on the requirements for using this software and associated hardware requirements, go to www.microsoft.com.
To access, view and retain Communications from us, you will need the ability to receive and read emails that contain hyperlinks to websites. If you provide us with an email address in your application, you may notify us of changes in your email address by writing us at email@example.com or by fax to (561)- 513-4095.
Even if you consent to the electronic delivery of Communications, you may also receive a paper copy of any Communications provided to you electronically by writing us at firstname.lastname@example.org or by fax to (561) 513-4095. There is no fee for the paper copy. You may also withdraw your consent by sending us your request in writing to If you decide to withdraw this consent, the legal effectiveness, validity and/or enforceability of all prior electronic Communications will not be affected.
DISBURSEMENT AND PAYMENT CHOICE AUTHORIZATION
Unless you chose to mail to us a check or money order as payment for this Loan,, you voluntarily authorize us to initiate disbursement credits and payment debits you have authorized, This Disbursement and Payment Choice Authorization is a part of and relates to the Loan Agreement . The words “you” and “your” mean the borrower who has electronically signed this Disbursement and Payment Choice Authorization. The words “we”, “us” and “our” mean Rosebud Lending BHL D/B/A Firstpayloans and our successors and assigns.
We will make this disbursement credit by using any commercially available method we choose, such as (but not limited to) Automated Clearing House (ACH) entries, wire transfers, or transactions through your debit card accessing Your Bank Account. As a data security measure, you will separately provide us with your debit card information.
□ Automatic Payment From Your Bank Account. You authorize us to process payment debit entries out of Your Bank Account by using any commercially available methods we choose, such as (but not limited to) ACH entries, “remote checks” or transactions through your debit card accessing Your Bank Account according to the Payment Schedule above, plus any late charges, returned payment fees and, if you are in default, all principal, finance charges and other amounts due to us as provided in the Agreement. You authorize us to re-process debit entries for the same amounts if any attempted payment transaction is dishonored.
RETURNED ITEM FEE. If any payment made by you on this Loan is not honored or cannot be processed for any reason, including not enough money in your Bank Account, you agree to pay us a fee of $30. You authorize us and our agents to make a one-time withdrawal from your Bank Account to collect this fee, if you have also selected the ACH Debit Authorization. Your financial institution may also impose a fee.
NOTICE OF VARYING AMOUNTS: For those customers who have chosen the ACH Debit Authorization, please note that you have the right to receive notice of all withdrawals from your Bank Account by an ACH Debit that vary in amount. However, by agreeing to let us withdraw the money from your Bank Account, you agree we only have to tell you the range of withdrawals that we can make. The range of withdrawals will be either an amount equal to your installment payment or an amount equal to the outstanding balance under the Loan (which may be greater than or less than an installment payment based upon your payment history). For any withdrawal outside of this specified range, we will send you a notice 10 days prior to the date of the debit. Therefore, by signing this Agreement below, you acknowledge that you will only receive notice when a withdrawal exceeds the amount in the specified range. You authorize us to vary the amount of any withdrawal as needed to repay installments due on the Loan as modified by any partial prepayments you make.
You agree that this Payment Choice Authorizations will remain in effect until your loan, including principle, finance charges and other charges, is paid in full. You may only revoke the above authorizations by contacting us directly. If you revoke your authorization, you agree to provide us with another form of payment acceptable to us.