Flexxbuy Merchant Application Special Offer
How Did You Hear About Us?
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Enter name of sales person, individual/firm that referred you or other
Full Legal Name of Business/Company
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DBA Name/Trade Name
Business Address
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Street Address
Address Line 2
City
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Office Phone
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Secondary Phone
Primary Contact
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First
Last
Title
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Email Address
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Cell Phone
Secondary Contact (Yes or No)
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Yes
No
Secondary Contact
First
Last
Title
Email Address
Cell Phone
Business Fax Number
Website
Business Profile
Business Type
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Corporation
LLC
Sole Proprietor
Partnership
Products/Service Sold- Check All That Apply Below
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Mattresses
Appliances
Furniture
Jewelry
Consumer Electronics
Consumer Goods (other)
Medical
Dental/Veterinary/Other Health Related Professional
Medical Devices
Home Improvement
HVAC/Water Heaters
Cabinets
Water Filtration Systems
Blinds
Auto Repair (Tires, wheels,rims)
Auto Repair (other)
Car Stereo/Alarm
Optical
Funerals
Power Sports
Pets
Legal Services
Vocational School
Professional Services
Travel
Commercial Products (B-to-B)
Other businesses (excluding guns/weapons, auto loans, porn, taxidermy/furs, anything illegal)
Describe The Product/Service Sold
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Number of Locations
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List Additional Locations, if applicable
Federal Tax Id Number
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Time in Business
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Under 1.5 Year
1.5 to 5 Years
5+ Years
Business Start Date
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MM
DD
YYYY
Last Year's Annual Sales
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$0 to $250,000
$250,000 to $500,000
$500,000 to $1 million
$1 million to $2 million
$ 2 million to $5 million
$5 million to $10 million
$10 million +
Has The Business Or Business Owner Filed Bankruptcy In The Past 5 Years
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Yes
No
Are There Any Outstanding Tax Liens Over $1,500
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Yes
No
Method of Sale
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In Store
In Home (By Appointment)
In Home (Door to Door)
Phone Sales
Mail Order
Ecommerce
select all that apply
Delivery Method
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Pick Up In Store
Installation In Store
Installation At Home
In Office Procedure/Service
Other
select all that apply
Delivery/Completion Time Frame
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Same Day
Less Than 1 Week
1 to 3 Weeks
More Than 30 Days
More Than 60 Days
Expected Average Finance Amount (per sale)
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Expected Maximum Finance Amount (per sale)
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Currently Offer Financing (Yes or No)
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Yes
No
List Finance Companies
Does Your Business Accept Credit Card Payments (Yes or No)?
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Yes
No
Program Selection
Select the programs that you wish to apply for. Approval may be subject to many factors including specific business type, financial profile of business, business background, etc.
Please note: Credit Select Plus must be selected and is the core program offered by Flexxbuy.
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Platform 1: Credit Select Plus: Direct to Borrower : Credit Based Platform
Multi-lender platform consisting of over 20 lenders that provides approvals to individuals with credit scores as low as 500 and for amounts up to $100,000.
Applications are submitted through loan page/application link customized for business. Maximum terms of 72 months. Interest rates start at 4.99% (subject to credit criteria). Funds are funded directly to the borrower, typically within three business days. No impact on consumer's credit to submit application (soft credit pull only). No collateral required. One application is instantly submitted to multiple lenders. Platform consists of both loans and quick access lines of credit. The number of lenders in the platform available to a consumer will vary by state and other loan criteria. Flexxbuy supports loan application from submission through funding. Easy process for business. Very low fallout rate (typically less than 5%) of funded loans not used for sale.
Cost to Business: 3.9% of funded loan or invoiced amount collected by business (if business does not complete the sale, there is no fee), whichever is lower, plus a $49 administration fee deducted from business approximately 10 days loan is funded
Documents Required (from business):voided business check and proof of business (business license, sales tax license, etc.). Proof of business requirement can be waived upon Flexxbuy management decision.
Platform 1 Supplemental: No Credit Needed Installment Direct-to-Borrower Point-Of-Sale Program
(Enrollment into the program is subject to approval)
Aggressive Installment Loan Program For Consumers With Sub-Prime Credit And No Credit Score
Description: No credit required program for amounts from $300 to $3,500. Maximum payment terms of 24 months. No down payment required. Early buyout period of 101 days (consumer pays between $50 and $99 buyout and all interest is forgiven). Effective Interest rate to the consumers of 145% (less than traditional no credit lease products which are typically 208%). Full credit check on consumer applications. Can be used for part or whole transaction and in coordination with other lending products. Available for most businesses and legal verticals. E-commerce seamless integration with Woo Commerce, Shopify, Magento, Big Commerce, and other carts. Can also integrate with major POS systems. Consumer's payments are reported to TransUnion. High approval rates. Approvals not typically based on FICO Score
How It Works: The consumer loan application is completed and submitted from any device and a decision is rendered within seconds. The consumer agrees to the offer and completes the edocs. Shortly after, the money is funded directly to the consumer's debit card. The business and the customer now complete the sale with a payment via debit card, ach or check.
Business Criteria: Most brick-and-mortar businesses are accepted. Other businesses subject to stricter criteria. Business must have a website
Cost to Business: Flexxbuy charges a 2% post funding fee 5 to 10 days after sale. Funds are collected from the business directly.
Documents Required (from business): voided business check and proof of business .
Decision time: 3 to 5 days after signed lender application/agreement and receipt of all required docs.
Not available to consumers that reside in the following states: CO, CT, GA, IA, MD, MA, NY, VT, WV, NH, PA. Businesses that reside in one of the restricted states but work with consumers in multiple states are rarely approved.
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Program 1: Credit Select Plus Retail: Direct to Borrower : Credit Based Platform
Note: This Program Is Intended For Retail Consumer Goods Businesses Only
Muti-lender platform that provides approvals to individuals with credit scores as low as 500 and for amounts up to $50,000. Maximum terms of 60 months. Interest rates will vary from 5.99% to 32.99% (other rates may apply), subject to borrower credit. Funds are funded directly to the borrower who then pays the merchant.
Customer Process: Applications are submitted through a unique loan application provided to the business. An instant decision is provided and emailed to the borrower, as well. Pre-approvals are subject to verification of certain information provided on the application. Final approval/funding can take from 1 to 7 days, depending on the diligence of the borrower
Cost to Business: A $49 administration fee deducted from business within 10 days post funding
Note: It is highly suggested that the Business collect a reasonable deposit upon pre-approval of the loan to solidify the customer relationship.
Documents Required (from business): voided business check and proof of business (business license, sales tax license, etc.). Proof of business requirement can be waived upon Flexxbuy management decision.
Not currently available for applicants that reside in Ct and WV.
Program 3: Credit Select Plus Bonus Program: Direct to Merchant: Credit Based Financing Option- Home Improvement/Medical
PLEASE READ ENTIRE DESCRIPTION BEFORE SELECTING
Program Description: Single Application, Multi-lender platform that funds the merchant directly. Applicants approved with credit scores as low as 550 . Amounts up to $100,000. Merchant is funded directly typically within 1 to 3 business days. Approvals are firm at point of sale and typically not subject to stipulations. Costs and terms will vary by lenders. Interest rates start at 8.99%, based on credit quality of consumer. Terms up to 15 years. Lenders may require a hard credit pull upon disclosure to applicant
. Additional lenders/product features:
● Line of Credit/Revolver for Prime-to-Subprime (credit score as low as 550)
● 0% Promotional Products (at additional costs)
● Merchant Discounts starting at 0%
Business Requirements: Any size business acceptable. Preferred time in business is 18 months unless business owners can demonstrate significant industry experience.
Suggested minimum revenue of $2million per year.
Background check on owner and business (no hard credit check). Entry into the program is subject to the approval of Flexxbuy and program underwriters.
Required Documents: Flexxbuy Merchant Application, voided check, business license- (additional documents may be required by program underwriters upon submission.
Cost to Borrower: Lender may or may not include an origination fee as a condition of funding.
Cost to Merchant:
NOTE: Platform provider charges a $150 fee upon application for merchant approval. This fee is paid directly to the platform provider.
Discount funding fee starting at 0% of funded loan amount to merchant (varies per lender and approval). Program may apply an access fee, which will be disclosed upon loan offer, on a case-by-case basis.
Note: Funding fees/Discounts will vary as lenders and product features are added. Business has the final right of deciding whether to present an offer to a consumer and can reject presenting an offer for any reason.
Borrower Terms/Promotions:Cost and terms will vary by lender. Promotions will be offered when available.
Business Setup Time: Typically 5 to 7 days for decision/setup
Platform 2: FlexxPOS: Multi-Lender/Lease Solution For Retail and Point-of-Sale Businesses: Direct to Merchant
(Enrollment into the program is subject to approval)
Prime, Sub-Prime/No Credit Check Loan and Lease Purchase Platform for Retail and Point-of-Sale. Amounts from $200 up to $15,000. Terms up to 36 months (18 months for no credit check). No credit check up to $5,000 )$12,000 for HVAC)
Customer Process: Application is submitted by borrower or business through a unique application on any device with internet access . Lenders are set up in a waterfall based on credit requirements. Instant decisions. Signed agreement, copy of id required, other documents may be required, depending on lender. Funding to business typically within 3 business days.
Business Criteria: Background check on business and owner. Business must be in good standing . New business acceptable, in some cases. No revenue requirement. All consumer goods except for cell phones (laptops, computers, ok), HVAC/Water Heaters and Filters ok
Cost to Business: Discount of 1.5% to 3% (business receives 97% to 98.5% of sales invoice )
Documents Required (from business): voided business check and proof of business (business license, sales tax license, etc.), picture of inside/outside of business (if brick and mortar), owner's photo id.
Decision time: 3 to 5 days after signed lender application/agreement and receipt of all required docs.
Lease-to-Own programs not available in NJ, Mn, WV, WI
Platform 3: Credit Select Plus: Direct-to-Merchant Credit Based Platform
(Enrollment into the program is subject to approval and is very selective)
Description: Single Application, Lender platform that funds the merchant/business and approves consumers with credit scores as low as 620 amounts from $500 to $35,000. Interest rates to borrower are 12% to 35%, based on credit. Maximum term is 60 months. Instant pre-approvals with no stipulations up to $10,000. Amounts above $10,000, final approval is subject to verification of certain information,upon request from lender. Business is funded full amount less discount.
Optional 0% Same-As-Cash Promotion Available. (upon approval)
Customer Process: Applications are submitted through a unique loan application provided to the business. The business or applicant complete the application. The merchant is funded directly, usually within 3 business days .
Business Criteria: Business and owner background check required. Businesses in physical locations only. One Year in Business. Business website usually required. Not available for: Jewelry, Car Stereo & Alarm, Tires & Wheels, Pets, Tax Resolution, Attorney, Rehab Facilities, Chiropractic medicine, Men's Vitality, Fitness Businesses, Pawn Shops, Auto Sales, On-line businesses. Note:
Approval into the platform is very selective.
Cost to Business: 8% discount deducted from funds distribution to merchant.
Add 2.5% Discount for 6 month SAC (0%interest)
Add 5.0% Discount for 12 month SAC (0% interest)
Documents Required (from business): voided business check, proof of business (business license, sales tax license, etc.), picture of inside/outside of business (if brick and mortar), owner's photo id
Program 6: No Credit Needed Installment/Lease Program : Aggressive Installment Loan Program (41 States)/Lease Program (9 States) For Consumers With Sub-Prime Credit And No Credit Score
Description: No credit needed program for amounts from $300 to $5,000. Maximum payment terms of 24 months. No down payment required. Early buyout period of 101 days. Effective Interest rate to the consumers (on installment product) of 59%, 99%, or 145% (less than traditional lease-to-own products which are typically 208%). Can be used for part or whole transaction and in coordination with other lending products. Can be utilized for almost every vertical (states that only offer lease product are limited to tangible products). Products can not be required to be registered to operate (ex. Power sports in some areas). E-commerce seamless integration with Woo Commerce, Shopify, Magento, Big Commerce, and other carts. Can also integrate with major POS systems. Consumer's payments are reported to TransUnion. High approval rates. Approvals not typically based on FICO Score.
Customer Process: Application is submitted by borrower or business through a unique application on any device or through ecommerce . Decisions are issued within a few minutes. Agreements are executed on-line (no paperwork). Business is paid directly within 2 to 3 business days.
Business Criteria: Background check on business and owner (no credit check). Business must be in good standing . One year in business required, but if ownership has previous experience in business category, newer businesses are accepted. No revenue requirement. All verticals accepted (but subject to acceptance). States where only lease is available, verticals are limited to tangible products.
Cost to Business: Business received 97% of sales invoice (3% discount).
Documents Required (from business): voided business check and proof of business (business license, sales tax license, etc.), picture of inside/outside of business (if brick and mortar), owner's photo id.
Decision time: 3 to 5 days after signed lender application/agreement and receipt of all required docs.
Available in all 50 states.
Lease only states (no service businesses): CO, CT, GA, IA, MD, MA, NY, VT, WV
Program 5: No Credit Check Lease Purchase Alternative
Description: No credit check lease purchase option for furniture, appliances, electronics (including TVs, laptops, tablets and smart phones), . Amounts up to $6,000 ($12,000 for HVAC and Water Heaters). For HVAC/Water Heaters, can include cost of entire job, including installation. Term from 12 to 24 Months (based on lease amount). Term for HVAC/Water Heaters is up to 48 months. 90 Day SAC (pay no fees if paid off in 90 days). $59.95 due at signing (Option A- Lower Offer) or First payment due at signing(Option B- Higher Offer)-paid to retailer.
Customer Process: Application made in store. Instant decisions provided. Business provides sales receipt/invoice and borrower's photo id. Customer pays $59.95 or first lease payment to the store . Funding upon delivery of merchandise.
Business Criteria: Business must be in good standing (BBB, on-line search, etc.) and up to date with the Secretary of State. Must be in business six months with one additional LTO platform or 1 year without. No Home Based Businesses.
Cost to Business: 1% taken from business funding amount by finance company.
New- Good for Jewelry. Maximum lease is $2,500. Cost to business- 5%.
New- Good for Optical. Maximum lease is $1,500. Cost to business- 1%
Documents Required (from business): voided business check and proof of business (business license, sales tax license, etc.), picture of inside/outside of business, copy of sales invoice, photo id.
Decision time: 10 to 14 days after receipt of all docs and submission to lender
Not available in the following states: Alaska, Hawaii, Idaho, Montana, New Jersey, New Mexico, New York, North Dakota, Oregon, South Dakota
Program 15: Prime to Sub-Prime Lease Purchase Program Alternative for commercial products (B-to-B Sales)
Description: Sub-prime lease purchase programs for amounts from $500 to $100,000. It can be used for commercial products only. Terms from 24 to 60 months. Credit scores as low as 550 accepted. Lessee pays a $125 admin fee at time of funding on amounts under $3,500. There is no early payoff promotion option.
Customer Process: Application is submitted by borrower or business through an application provided by Flexxbuy. Typically, 15 minute decision during business hours. If lessee accepts terms, business provides as invoice to Flexxbuy. Executed lease documents are then returned to Flexxbuy for submission to the lender. Process can take 1 or 2 business days. First payment and incidentals due at time of funding. All payments can be made via check or credit card/debit card. No checking account is required.
Business Criteria: Business must be in good standing. New businesses accepted.
Cost to Business: Business received 100% of sales invoice.
Documents Required (from business): voided business check and proof of business (business license, sales tax license, etc.)- additional docs may be requested by lender at their discretion
Decision time: 2 to 3 days.
Program 47: Sub-Prime Lease Purchase Specialty Program
Description: Sub-prime lease purchase programs for amounts up to $5,000. Terms is 12 months (24 month term on leases over $1,000) with a 90 day quick pay payoff promotion available. Dynamic pricing starting at approximately 10% (subject to credit). Credit scores as low as 550 accepted. In person sales only.
Customer Process: Application is submitted by borrower or business through a unique application . Instant decisions provided. Signed agreement and copy of id required. Customer must have a valid checking account that is at least 60 days open in good standing. First payment taken at time of approval/acceptance. Funding to business in 3 to 5 business days.
Business Criteria: Business must be in good standing .
Cost to Business: Business received 100% of sales invoice (except for car audio, which has a prefunding discount of 2.99%). There is a 3% post funding fee charged by Flexxbuy Documents Required (from business): voided business check and proof of business (business license, sales tax license, etc.), picture of inside/outside of business .
No furniture stores in NY. No jewelry stores in Tx, NC, SC
Program 7: Flexx EZPay Plan: Instant In-House Payment Plan/Financing Program (Standard Program)
A simple totally automated buy-now, pay-later plan than can APPROVE ALL customers, regardless of credit and financial profile. This can be offered to any consumer that can't pay using traditional methods or does not qualify for other third-party financing solutions. With Flexx EZPay Plan, a business never has to lose a potential sale again.
This can be utilized for any kind of sale: face-to-face, telephone, etc.
This can be used in a split sale where the customer can pay part of the sale through other means and utilizes this program to complete it.
This can be used for accounts receivables and re-marketing to previous customers and leads.
Standard Program: Business gets paid monthly as they are collected. Defaults are low because to the consumer this looks like any other third party financing option. The payments are processed via debit or credit card through a third party.
Program Details
Standard Program:
* 100% approved
* Any length term
* Any amount
* Any business vertical
* Customer pays 5% plus $3 per month for length of term
* Business pays 5% discount
Documents Required: voided check, proof of business
Business Criteria: All businesses accepted (other than restricted verticals- Guns and Other Weapons,Porn, Taxidermy (any business that profits from the death of animals), Puppy mills, Anything Illegal
Setup Time: Typically in 24 to 48 business hours
Available in all U.S.
Flexx EZPay Plan Plus: Instant In-House 100% GUARANTEED Payment Plan/Financing Program For Services (not products or parts)
An in-house payment program where the business is paid each month. There is no financing fee to the business. All contracts and payments are managed for the business. All applicants are approved. No social security number is required. Citizenship is not required. All applications and contract completions are done on-line.
While any business can utilize this program, only the service/labor portion of the invoice can be guaranteed in the event of default. Products, parts and materials are not guaranteed.
This can be offered to any consumer that can't pay using traditional methods or does not qualify for other third-party financing solutions. With Flexx EZPay Plan Plus, a business never has to lose a potential sale again and not receive its money, even in the event of default.
This can be utilized for any kind of sale: face-to-face, telephone, etc.
This can be used in a split sale where the customer can pay part of the sale through other means and utilizes this program to complete it.
This can be used for accounts receivables and re-marketing to previous customers and leads. Missed and failed payments are reprocessed in real time and followed up with auto emails and texts.
In the event of default, the business puts in a claim and provides invoice, personal id of the customer and proof that the service has been completed. The business has to be considered active, which means they submit one contract per month. There is a 10% fee deducted from each payment made on behalf of a defaulted customer. In addition, there is a $30 contract cancellation fee.
Program Details
* All customers approved (as long as first payment is processed)
* Amounts from $300 to $20,000 (higher upon approval)
* Term of 3 to 48 months
* Interest rate to customer of 13.99% to 16.99% (16.99% at up to 12 months and drops by .5% every 6 month the term increases to a max of 48 months at 13.99)
* All payments, on service portion of invoice, are guaranteed to the business in the event of default
* All payments by customer have to be made by debit or credit card (ACH is in the plan for 2020)
* Customer pays a 3% per payment transaction fee (added to monthly payment amount)
* No down payment required to the business by customer (though it is suggested)
* All payments made by customer are reported to the credit bureaus
* All activity can be accessed by the business 24/7 through the on-line portal
Breakdown Of A Transaction
* Payment 1 By Customer At Time Of Transaction: Origination fee paid by customer to EZPay Plan Plus administrator
* Payment 2 By Customer 30 Days Later: Held in reserve by EZPay Plan Plus administrator and paid to business at end of contract
All future payments go to business
Documents Required: voided check, proof of business
Business Criteria: A reputation review is conducted on business. No restricted industry.
Setup Time: Typically in 48 to 72 business hours
Available in all U.S
Program 7: Flexx EZPay Plan: Instant In-House Payment Plan/Financing Program (Guaranteed Program)
A simple totally automated buy-now, pay-later plan than can APPROVE ALL customers, regardless of credit and financial profile. This can be offered to any consumer that can't pay using traditional methods or does not qualify for other third-party financing solutions. With Flexx EZPay Plan, a business never has to lose a potential sale again.
This can be utilized for any kind of sale: face-to-face, telephone, etc.
This can be used in a split sale where the customer can pay part of the sale through other means and utilizes this program to complete it.
This can be used for accounts receivables and re-marketing to previous customers and leads.
Guaranteed Program: The business is paid monthly and is paid even if consumer misses payments or even defaults. There is no recourse to the business. There is no credit check on the customer. Can be used for specific business verticals (see below).
Program Details
Guaranteed Program:
* 100% approved
* Amounts from $500 to $2,500 (Any amount not guaranteed, can be collected as non-guaranteed)
* No credit check
* Customer pays 10% to 20% convenience fee at time of sale (based on income, debt-to-income ratio, length of employment and other criteria)
* Term is 6 to 24 months
* Business pays 5%
* Accepted verticals- Dental, Medical Aesthetic/MedSpa, Veterinarian, Chiropractic, Medical Specialists, certain home improvement services
Documents Required: voided check, proof of business
Business Criteria: All businesses accepted
Setup Time: Typically in 24 to 48 business hours
Available in all U.S.
Owner Information
Name
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First
Last
Title
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Home Address
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Street Address
Address Line 2
City
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Cell Phone
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Email Address
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Date of Birth
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Date Format: MM slash DD slash YYYY
Percent Ownership
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Social Security Number (Required for Platform 3)
Is There Another Owner?
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Yes
No
Name
First
Last
Title
Home Address
Street Address
Address Line 2
City
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
State
ZIP Code
Cell Phone
Email Address
Date of Birth
Date Format: MM slash DD slash YYYY
Percent Ownership
Social Security Number (required for Platform 3)
Terms and Conditions/Payment Authorization
1. Relationship with FLEXXBUY, LLC (hereinafter called “FLEXXBUY”)
1.1 Your use of FLEXXBUY’s software, services and promotional images including but not limited to “Icons” referred to collectively as the “Services” is subject to the terms and conditions set forth in this legal "Agreement" between you and FLEXXBUY. Icons include buttons, icons, banners and similar items provided by FLEXXBUY in connection with providing the Services.
1.2 Participating Merchant is a Client of FLEXXBUY and is utilizing FLEXXBUY’s software and lenders to process Customer/Borrower loan applications. The technology used in the platform was created by FLEXXBUY, LLC whose principal place of business is 540 NW university Blvd, Ste 209, Port St Lucie, Fl 34986. This “Agreement” sets out the “Terms and Conditions” (“Terms”) governing the use of the Services.
2. Acceptance of Terms
2.1 By clicking "Accept", or executing and returning this Agreement, Merchant agrees to be bound by the terms, conditions, and warranties of this Agreement.
2.2 Merchant warrants that they have the capacity to form a binding contract with FLEXXBUY; and are not barred from receiving the Services under the laws of the United States.
2.3 Once you accept the Terms, FLEXXBUY may seek approval from one or more of the financial institutions it works with that may issue credit to your eligible customers that may apply. The Merchant acknowledges and understands that a financial institution that FLEXXBUY has a relationship with may offer credit to your customers and FLEXXBUY is not responsible for examining or evaluating such offerings and FLEXXBUY does not warrant the offerings of any financial institution. FLEXXBUY will determine whether, in their sole and absolute discretion, to approve an applicant as a Merchant and to provide the Services as is and where is. Merchant agrees that upon acceptance of the Terms, Merchant shall be obligated to pay to FLEXXBUY those amounts as captioned in this Application, Agreement and Payment Authorization for Set Up Fees, Monthly Fees and Transaction Fees. Merchant agrees that FLEXXBUY may change, modify, or waive any fees in their sole and absolute discretion, and notification of such changes shall be submitted to Merchant via electronic means. By continuing to utilize the Services, Merchant agrees to such changes in pricing. Should Merchant wish to reject revised changes, they may do so by exercising their Termination option captioned in 9.2.
3. License from FLEXXBUY
3.1 FLEXXBUY grants you a royalty-free, non-transferable and non-exclusive license to use the FLEXXBUY Icons provided to you by FLEXXBUY as part of the Services.
3.2 Unless FLEXXBUY has given you specific written permission to do so, you may not assign or transfer (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
4. Merchant Representations
4.1 Merchant represents and warrant that they are engaged in legal activities conducted in compliance with all applicable laws; the use of this Service does not violate any licensing or other law, rule or regulation that governs their business (including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination, and false advertising); they are not engaged in any consumer fraud or deceptive trade practice; they agree that the products and/or services do not violate any local, State or Federal law, rule or regulation; and the Services will be used only to facilitate the purchase of goods and services offered for sale in the ordinary course of their business.
5. Use of the Services
5.1 In order to access the Services, Merchant may be required to provide information about the company and owner(s),including but not limited to information provided in the “Merchant Application,” Merchant agrees that any registration information given to FLEXXBUY will be accurate, correct and up to date.
6. Privacy and Your Personal Information
6.1 For information about data protection practices as it applies to Merchant accounts, please read FLEXXBUY’s privacy policy at https://www.flexxbuy.com/privacy-policy .This policy explains how FLEXXBUY treat Merchant's personal information when the Services are used.
7. Proprietary Rights and Intellectual Property
7.1 Merchant acknowledges and agrees that FLEXXBUY (or FLEXXBUY’s licensors including banks, financial institutions and other companies that FLEXXBUY works with in relation to providing the Services) own all legal right, title and interest in and to the Services, including any intellectual property and any related rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2 Merchant understands and agrees that they cannot and will not mention or use FLEXXBUY’s name or the names of any of its licensors that may provide the Services in any of your marketing materials without the prior written consent of FLEXXBUY. Notwithstanding the preceding sentence, you may use the Icons supplied to you by FLEXXBUY on your website(s) as set forth in this Agreement.
7.3 Merchant agrees that all Icons relating to the Services are the property of FLEXXBUY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed, regardless of whether or where such rights are filed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Icon, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on FLEXXBUY’s site or the Icons, except as specifically permitted herein, is strictly prohibited. All other marks, names, and logos mentioned on FLEXXBUY’s site or in the Icons are the property of their respective owners and similarly may not be used, modified, or altered in any way whatsoever.
8. Provision of the Services by FLEXXBUY
8.1. Merchant acknowledges and agrees that the form and nature of the Services that FLEXXBUY provides may change from time to time without prior notice to you.
8.2 Merchant acknowledges and agrees that FLEXXBUY may stop (permanently or temporarily) providing the Services (or any features of the Services) at FLEXXBUY’s sole and absolute discretion, without prior notice.
8.3 Merchant may not assign or otherwise transfer this Agreement. By participating in the Program, Merchant authorizes FLEXXBUY and its technology providers/lending institutions to use your contact information to communicate with you about the program and FLEXXBUY services generally. FLEXXBUY may assign part, or all, of its rights, duties,and obligations under this agreement, and if so assigned, FLEXXBUY shall provide notification to Merchant of any such change.
9. Termination
9.1 The Terms will apply beginning on the date you click "Accept" or execute and return the Agreement to FLEXXBUY and will continue to apply until terminated by either you or FLEXXBUY as set forth below.
9.2 Merchant may terminate their legal agreement with FLEXXBUY, by (a) notifying FLEXXBUY with at least thirty (30) days’ notice; and (b) permanently removing all Icons from their websites. The notice must be sent, in writing, to FLEXXBUY’s address which is set out in Section 1.2 above, or delivered by electronic means to info@flexxbuy.com or fax to 772-224-3283.
9.3 FLEXXBUY may at any time, terminate its legal agreement with you if:
(a) You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) FLEXXBUY is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or
(c) A financial institution with whom FLEXXBUY offered the Services to you has terminated its relationship with FLEXXBUY or ceased to offer the Services to you.
9.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FLEXXBUY have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by a Termination, and the provisions of paragraph 11, 12 and 13 shall continue to apply to such rights, obligations and liabilities indefinitely.
10. Relationship Among the Parties
10.1 The parties agree that they are each independent contractors and nothing contained within this Agreement will create any partnership or joint business venture, agency or franchise, sales representative, or employer / employee relationship. Merchant shall not have any authority to make, accept, or solicit any offer or representation on behalf of FLEXXBUY or any of its financial institutions. Merchant shall not make any verbal, written, or electronic statement that may contradict this stated relationship of the parties.
11. Limitation of Liability
11.1 MERCHANT AGREES THAT FLEXXBUY AND ITS TECHNOLOGY PROVIDERS AND FINANCIAL INSTITUTIONS THAT MAY PROVIDE THE SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM MERCHANT'S USE OF THE SERVICES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL FLEXXBUY OR ANY OF ITS TECHNOLOGY PROVIDERS AND FINANCIAL INSTITUTIONS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR INABILITY TO USE THE SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FLEXXBUY OR ANY OF ITS TECHNOLOGY PROVIDERS AND FINANCIAL INSTITUTIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Merchant Indemnification
12.1 Merchant and Flexxbuy each agrees to indemnify, defend and hold each other and its directors, officers, employees, agents, shareholders, partners, members, technology providers, financial institutions, and associates from and against any and all claims, suits, actions, demands, injuries, liabilities, losses or deficits, damages, judgments, settlements, costs, or expenses arising out of or related in any way to the action of the other party as it pertains to the use of this Services. The terms of this provision shall survive termination of this Agreement.
13. Confidentiality/Non-Compete/Non Circumvent
13.1 All FLEXXBUY information, pricing, agreements, correspondence, content, marketing technique, publicity technique, public relations technique, process, technique, algorithm, program, design, drawing, mask work, formula, test data research project, work in progress, future development, engineering, manufacturing, marketing, servicing, financing or personal matter relating to the disclosing party, its present or future products, sales, suppliers, clients, customers, employees, investors or business, whether in oral, written, graphic or electronic form and any information you acquire in relation to this Agreement and using the Services (other than using the Icons in the manner permitted in this Agreement) shall remain Strictly Confidential and shall not be used, directly or indirectly, by you or any third party for your own business purposes. The term "Strictly Confidential" shall not be deemed to include information that (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available information, (ii) is known by the receiving party at the time of receiving such information as evidenced by its records, (iii) is hereafter furnished to the receiving party by a third party, as a matter of right and without restriction on disclosure, (iv) is independently developed by the receiving party without reference to the information disclosed hereunder, or (v) is the subject of a written permission to disclose provided by the disclosing party. Notwithstanding any other provision of this Agreement, disclosure of Strictly Confidential Information shall not be precluded if such disclosure: (a) is in response to a valid order of a court or other governmental body of the United States or any political subdivision thereof, (b) is otherwise required by law, or, (c) is otherwise necessary to establish rights or enforce obligations under this agreement, but only to the extent that any such disclosure is necessary. In the event that the receiving party is requested in any proceedings before a court or any other governmental body to disclose Strictly Confidential Information, it shall give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order. If, in the absence of a protective order, the receiving party is nonetheless compelled to disclose Strictly Confidential Information, the receiving party may disclose such information without liability hereunder, provided, however, that such party gives the disclosing party advance written notice of the information to be disclosed and, upon the request and at the expense of the disclosing party, uses its best efforts to obtain assurances that confidential treatment will be accorded to such information. Merchant agrees not to circumvent, bypass, solicit, or accept solicitation from any technology provider or financial institution source that has/have/will have a financial relationship with FLEXXBUY, and which relationship is disclosed to Merchant by FLEXXBUY, during the term of this contract and for a twelve (12) month period after Merchant's Termination under 9.2 without the written permission of FLEXXBUY. Merchant also agrees not to enroll in any financial institution program affiliated now or hereafter with the Services during the Term of this contract and a period of twelve (12) months after a Termination under 9.2 Merchant agrees that any violation or threatened violation of this provision may cause irreparable injury to FLEXXBUY and FLEXXBUY is entitled to seek injunctive relief, equitable relief and all legal remedies available to enforce the provisions of this Agreement.
14. Changes to the Terms and Acceptance
14.1 FLEXXBUY may, in its sole and absolute discretion, make changes to the Terms from time to time. When these changes are made, FLEXXBUY will make available to you any new Additional Terms from within, or through, the affected Services.
14.2 You understand and agree that if you use the Services after the date on which the Terms have changed, FLEXXBUY will treat your use as acceptance of the updated Terms, unless however, you exercise your Termination option captioned in 9.2.
15. General Legal Terms
15.1 The Terms constitute the entire legal agreement between you and FLEXXBUY and governs your use of the Services (but excluding any services which FLEXXBUY may provide to you under a separate written agreement), and completely replaces any prior agreements between you and FLEXXBUY in relation to the Services.
15.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision or provisions will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.3 This Agreement and your relationship with FLEXXBUY under the Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and FLEXXBUY agree to submit to the exclusive jurisdiction of the courts located within St Lucie County, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FLEXXBUY shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The parties hereto agree that any claim, or any controversy under this Agreement will be resolved by binding arbitration conducted in accordance with the Commercial Arbitration rules of the American Arbitration Association, as such rules shall be in effect on the date of delivery of demand for arbitration, which arbitration will be held in St Lucie County, Florida. Each party shall pay the fees of its own attorneys, the expenses of witnesses and all other expenses connected with the presentation of such party’s case, except that the arbitrators may impose all such fees, costs and expenses otherwise payable by the prevailing party on the losing party if they determine that the losing party’s position was taken without good faith or solely for the purpose of delay. The costs of the arbitration including the cost of the record of transcripts thereof, if any, administrative fees, and all other fees and costs, shall be divided equally between the parties, except that the arbitrators may impose all such fees, costs and expenses otherwise payable by the prevailing party on the losing party if they determine that the losing party’s position was taken without good faith or solely for the purpose of delay. The arbitrators will be empowered to award damages in the amount established by the preponderance of the evidence and in accordance with the terms of this Agreement. The arbitrators will have no authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement. The arbitrators also will have the authority to grant any temporary, preliminary or permanent equitable remedy or relief they deem just and equitable and within the scope of this Agreement, including, but not limited to, an injunction or order for specific performance. Any award will be final and binding upon the parties and their successors and permitted assigns. Any party may apply to any court of competent jurisdiction for confirmation and entry of judgment based on the award of the arbitrators.
15.4 Notices: Any notices required by this Agreement shall be directed via Mail and electronic copy to those identified below: Flexxbuy, LLC, 540 NW university Blvd, Ste 209 , Port St Lucie Fl 34986 Email: info@flexxbuy.com
16. Fees and Settlement
16.1 Discount Fees: FLEXXBUY merchant fees vary per type of finance program, and is calculated based on the face or funded value of each successful transaction. Please reference to your selected participating finance program in your Merchant Application and this Agreement for the corresponding fees per Lending Program and promotional offerings.
16.2 Per Transaction Fee: If applicable, a Transaction Fee is charged per loan funded through the FLEXXBUY loan application platform. Fees are debited via ACH/Check Draft from the provided merchant checking account within 48 hours or the stated time frame as per the invoice for each funded loan. Please reference your selected participating finance program in your Merchant Application for the corresponding per transaction fees.
16.3 Settlement: a) For FLEXXBUY generated revolving and installment credit programs, the issuing lender will settle directly the amount of the purchase into the provided merchant checking account, minus the agreed discount fees. (Please refer to the corresponding bank contract for details). In addition, there may be a post funding fee charged by Flexxbuy. If applicable, fees are debited via ACH/Check Draft from the provided merchant checking account within 48 hours or the stated time frame as per the invoice for each funded loan or monthly lender statement. Please reference your selected participating finance program in your Merchant Application for the corresponding per transaction fees.
Payment Authorization:
Enrollment Fee and Minimum Monthly Subscription Fee: I authorize Flexxbuy LLC or its designated agent(s) (hereafter Flexxbuy) to transact and collect the amount indicated in the Merchant Agreement or separate Payment Authorization Form, if applicable, for the Enrollment/Setup Fee, upon approval of My Merchant Application using the method determined by you. I understand that this fee is non-refundable. I also authorize Flexxbuy to debit my checking account, as represented by the voided check you provide, for Program Fees and Post Funding Discount Fees as indicated in this Agreement and/or Merchant Application. This authorization shall remain in effect until Flexxbuy receives a 30-day written notification from me of intent to terminate in such manner as to afford Flexxbuy reasonable opportunity to act. I understand that Termination does not alter any amount due Flexxbuy through results achieved prior to termination and this Payment Authorization will remain in effect until such amount is paid in full. In addition, any consumer application submitted following termination through the Flexxbuy application process or through any lender arranged by Flexxbuy is an acknowledgment of a willingness to participate in the program until the next billing cycle or until which time there are no pending applications. Any changes, such as change in bank and/or bank account number will require a new voided check to be used for payment submitted to Flexxbuy 15 days prior to any change being implemented. I understand that this payment plan may be canceled by Flexxbuy due to non-sufficient funds (NSF). In the event my account does not have sufficient funds for the payment and the payment is returned, I will be liable to pay an NSF fee of $25 per occurrence (or the amount allowed by law) which may be automatically debited for each NSF or attached to the payment attempt made by Flexxbuy. I represent and warrant that I am authorized to execute this payment authorization for the purpose of implementing this payment plan. I indemnify and hold Flexxbuy and the bank(s) harmless from damage, loss or claim resulting from damage, loss or claim resulting from all authorized actions hereunder.
BY ACCEPTING AND SIGNING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AND REQUIRED APPROVALS AND ARE LEGALLY AUTHORIZED TO ENTER INTO SUCH AGREEMENT AND INTEND TO BE BOUND BY THE TERMS CONTAINED HEREIN.
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I agree to the Terms of this Agreement
To view/print the Terms, go to
https://flexxbuy.com/merchant-agreement-terms-and-conditions
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I agree that Flexxbuy will collect a one-time $240 platform development fee, payable upon submission of this merchant application. If for any reason merchant is rejected by Flexxbuy, this fee will be refunded in full.
In addition, Flexxbuy will collect a $49 monthly subscription fee via credit/debit card, ACH or check draft upon enrollment into a Flexxbuy platform and every subsequent 30 day period (approximately) thereafter. This fee will be terminated and no longer billed after merchant has successfully completed six (6) sales of at least $1,000 utilizing any of Flexxbuy's third party lender financing platform.
Rebate Program:
Flexxbuy will rebate the merchant $100 back for every $20,000 in successfully funded sales utilizing any of Flexxbuy's third party lender financing platforms.
By submitting this application I will be completing the signing process and this application will be submitted for approval to Flexxbuy and/or it's partnered lenders. I agree to this electronic representation of my signature. I further understand that by completing this process, it will have the same legally binding effect as signing my signature using a pen and paper.
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With your finger or mouse, Merchant Representative sign here (if using a mouse, hold right click button when signing)
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