Payment Agreement for Pay-in-4 Payment Plan

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Payment Agreement for Pay-in-4 Payment Plan


Last Updated: October 2019

How it works

Subscribing to a Scratchpay Pay-in-4 Payment Plan allows you to pay for goods or services offered by veterinary clinics (“Providers”) 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 Scratchpay in accordance with this Agreement and the specific terms presented to you at the time of purchase. You may not use or permit your Pay-in-4 Payment Plan 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 Pay-in-4 Payment Plan.
  • There are no interest charges with Pay-in-4 Payment Plan, and no fees when you follow your automatic payment schedule.
  • If you do not use all of the funds associated with your subscription we will reduce the amount you owe us. If you have paid us for more than the total amount of the goods or services related to your subscription, we will refund the balance back to your original payment method.
  • 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 Scratch Financial, Inc. ("Scratchpay," we," or "us") and the user of this payment option ("you"). In addition to these Payment Agreement Terms, your use of the Scratchpay Services are governed by the Scratchpay Terms of Service, which includes your agreement to:

If you do not agree to these terms, you must not use Scratchpay’s Pay-in-4 Payment Plan. The Scratchpay Terms of Service combined with these Payment Agreement Terms are a contract between you and Scratchpay.

If you are offered a Pay-in-4 Payment Plan, you have the option to pay for your purchase with a credit or debit card in four substantially equal payments. You will make your payments directly to Scratchpay using your card. Scratchpay 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 purchase 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. If we accept a card we will authorize the card for 1/4 of the order total. This amount will be charged when you subscribe to your plan. In the event the amount is not charged until the Provider confirms your purchase your card issuer may restrict access to the authorized amount while pending.

Due Date:

When using a Pay-in-4 Payment Plan, your first payment will be charged once you subscribe to your plan. This typically occurs when you enter your card details and subscribe to your plan, but could also happen when your Provider confirms your purchase. 3 subsequent payments will be due every 14 days after the first payment is charged to your card. Future payments are automatically charged to your card on the due date. Scheduled Due Dates are disclosed in Pacific Time.

In the event you have more than one Pay-in-4 Payment Plan, we will create different installment due dates for each Pay-in-4 Payment Plan. Each Pay-in-4 Payment Plan will have its own Due Date depending on the day you subscribed to the Pay-in-4 Payment Plan.

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 [email protected] before your courtesy Snooze period expires. If you choose to extend a Due Date, you will be charged a non-refundable $5 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 two-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 two-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 2 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 2 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 purchase 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 Scratchpay may: (a) charge the outstanding balance on your Pay-in-4 Payment Plan 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 Scratchpay and/or the debt collection agency; and (c) report default information to credit bureaus.

Storing Card Details:

You authorize Scratchpay to store your card details in our systems. We will use this information to authorize future charges under these Terms. In the event Scratchpay obtains updated card information from the card issuer, you agree that we may update use this updated information in our system.

Debit Card Transactions:

If you use a debit card, you authorize Scratchpay to initiate preauthorized transfers from the related account. The amount of each transfer is disclosed during the creation of your subscription. 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 subscription. 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 Scratchpay 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 subscription).

Recording Calls:

You understand and agree that Scratchpay 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 Scratchpay or its service provider or agents for quality control and training purposes or its protection. You acknowledge and understand that, while your communications with Scratchpay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Scratchpay, and Scratchpay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

No Liability in the Transaction: Scratchpay is not engaged in the sale of any goods or services financed by Scratchpay. Scratchpay does not have control of, or liability for, the products or services financed through the Scratchpay. We provide you with financing for your purchases.

Indemnification:

You agree to defend, indemnify and hold Scratchpay, our parent, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of Scratchpay 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 Scratchpay 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 Scratchpay’s prior written consent. Scratchpay 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 [email protected] or by regular mail at Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101, Attn: Pay-in-4.

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 ScratchpaySERVICES 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 LOCATED AT https://drive.google.com/a/scratchpay.com/file/d/1nsAROVmkd5t6Rwt2KDzW7VQqvBTdEzxJ/view?usp=sharing AND MAILING IT TO SCRATCHPAY VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: Scratch Financial, Inc., Attn: Arbitration Opt-Out, 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101. 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 SCRATCHPAY 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 SCRATCHPAY 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 SCRATCHPAY 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 Scratchpay, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or Scratchpay 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 Scratchpay 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, Scratchpay will pay or reimburse your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Scratchpay should be submitted by mail to the AAA along with your Demand for Arbitration and Scratchpay 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 Scratchpay for all fees associated with the arbitration that Scratchpay 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 SCRATCHPAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND SCRATCHPAY 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 Scratchpay 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 Scratchpay prior to the effective date of the change.