Ava Credit Card Holder Agreement
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Purchases
This APR is a non-variable rate.
How to Avoid Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on your purchases if you pay your entire balance by the due date each month.
Minimum Interest Charge
$0.00 (no interest is charged)
For Credit Card Tips from the Consumer Financial Protection Bureau
To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore/
How we will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” See your account agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.
This Agreement explains the terms that you agree to follow for your credit account (called your "Account") with Ava Finance, Inc (“Ava”). Your signature on your application or solicitation for this Account, including without limitation any electronic or digital signature, as well as your signature on any sales slips or any Account-related document, represents your signature on this Agreement.
Before you sign the application for the Account (the “Application”), you should read this entire Agreement, which includes the cost-of-credit disclosures required by Federal Law. You are entitled to a copy of this Agreement at the time you sign it.
Your Application and the information you provide on the Application that identifies you is incorporated in this Agreement by reference. You acknowledge that you have received a copy of this Agreement for your records. This Agreement will not be effective until we approve your Application, and then after that, only if you or someone authorized by you signs a sales slip or otherwise charges a purchase to this Account.
In this Agreement, and in your billing statements ("Statements"), the words "you" and "your" mean everyone who is liable for payment on this Account, and the words "we", "us" and "our" refer to Ava Finance, Inc. (and, as applicable, its agents, successors and assigns). An applicant, if married, may apply for a separate account.
1. USE OF YOUR ACCOUNT – When you apply for an Account, you promise to be bound by the terms of this Agreement. You promise to pay us for all credit extended under this Agreement and all other amounts you owe to us according to the terms of this Agreement. If your Account is a joint account, each of you is bound by this Agreement and each of you jointly and individually promises to pay us, and may be held liable for, all amounts owed to us on your Account. You also promise to pay us for charges incurred by anyone you allow to use your Account.
You may use your Account to purchase goods and services: (a) from any merchant authorized to accept your Account; or (b) that we offer in connection with your Account. This Account may require a down payment on your first purchase. You may only use your Account for personal, family, and household purposes.
2. CREDIT LIMIT - You agree that we may establish a credit limit for your Account (“Credit Limit”) and we will indicate your current Credit Limit on each billing statement. You agree to prevent your Account balance from exceeding the Credit Limit. We may, but are not required to, approve transactions that exceed your Credit Limit without liability to you and without obligating us to do so in the future. You will be obligated to pay any amount in excess of your Credit Limit in accordance with the terms of this Agreement. We reserve the right to delay an immediate increase in available credit due to a payment(s) made on your Account. You agree that we may change a Credit Limit for any reason not prohibited by law.
3.SPECIAL PROMOTIONS – Occasionally, we may provide you the opportunity to use your Account in connection with special promotions. These promotions may be subject to terms and conditions in addition to or different from those provided in this Agreement, which will be described in our offer. Unless otherwise stated, however, all terms of this Agreement shall apply to any promotion.
4. PAYMENTS – We will send you a Statement covering each billing cycle that your Account has a balance (including deferred balances, if applicable), or if required by law. Billing cycles are approximately one month long. Each Statement will reflect: (a) the total amount you owed on the first day of your billing cycle (called the "Previous Balance"); (b) payments, credits, purchases, and all fees and other charges made to your Account during the billing cycle; (c) the total amount you owed at the end of the billing cycle (called the "New Balance"); (d) the smallest amount you have agreed to pay us for that billing cycle (called the "Minimum Payment Due"); (e) if any portion of the New Balance is delinquent, the amount that is delinquent (called the “Amount Past Due”); and (f) the date by which the minimum payment due must be received (called the “Payment Due Date”).
The Minimum Payment Due for each billing cycle will be the greater of (a) $1.00 or (b) 10% of your New Balance (rounded to the next higher whole dollar amount. If there is an Amount Past Due, we will also add that amount to your Minimum Payment Due. If your New Balance is less than $1.00, the Minimum Payment Due will be the entire New Balance. If you wish, you may pay more than the Minimum Payment Due and at any time you may pay the total amount owing on your Account, without penalty.
All payments must be made electronically (by app) or ACH payment from a checking or savings account.
Each payment you send to us will be applied to your Account in a manner consistent with applicable law. Generally, we will apply your payment first to satisfy all minimum payments due.
5. UNAUTHORIZED USE – If you notice the loss or theft of your Account number or a possible unauthorized use of your card, you should email us immediately at email@example.com. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before you notify us. However, unauthorized use does not include use by a person whom you have given the Account number to or authority to use the Account, and you will be liable for all use by such a user. To terminate this authority you must send us notice in writing. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of
your Account and to comply with the procedures we may require for our investigation.
6. INTEREST CHARGES – The Annual Percentage Rate (“APR”) for purchases is 0.00%, which
corresponds to a monthly periodic rate of 0.000%. This is a non-variable rate. To calculate the Interest Charge for each monthly statement we multiply the Average Daily Balance times the monthly periodic rate. Because the monthly periodic rate is 0.000%, there are no interest charges for using your Account. To get the Average Daily Balance, we take the beginning balance of your Account each day, add any new purchases on that day, and subtract any payments or credits we apply that day. We add other charges and fees on the day that such charges or fees are posted to the Account. If your Account has an overall credit
balance, we treat this as a $0 balance. This gives us the daily balance. Then we add up all the daily balances for each day in the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance.
Non-Variable APR. Your Annual Percentage Rate is 0.00%, which corresponds to a monthly periodic rate of 0.000%. This is a non-variable rate. The finance charges that are assessed, including the monthly periodic rate, will be in amounts or at rates that do not exceed those permitted by law.
The amount of periodic interest charges and APRs are subject to change. See below under the heading "Change of Terms (including Interest Charges)."
7. FEES – You will not be charged an annual fee to maintain your Account. You will not be charged a Late Payment Fee for amounts due that remain unpaid after your Payment Due Date. However, late payments may be reported to consumer reporting agencies, as explained in paragraph 9 of this Agreement.
8. ACCORD AND SATISFACTION – We may accept letters, checks, or other types of payments showing “payment in full” or otherwise restrictively endorsed or using other language to indicate satisfaction of your debt (“Disputed Amounts”) without waiving any of our rights to receive full payment under the terms of this Agreement. You agree to send any Disputed Amounts to the address for billing inquiries shown on your Statement.
9. CONSUMER REPORT USE AND FURNISHING INFORMATION – You agree that we have the right to obtain a credit report in connection with our review of your application for this Account and for a change in the Credit Limit and occasionally and routinely, during the term of this Account, as we deem reasonably necessary to maintain and collect this Account.
10. DEFAULT/TERMINATION OF CREDIT PRIVILEGES – Subject to applicable law, you will be in default under this Agreement if you: (a) fail to make the Minimum Payment Due by the Payment Due Date; (b) violate any provision of this Agreement; (c) become the subject of bankruptcy or insolvency proceedings; (d) becomes the object of attachment, foreclosure, repossession, lien, judgment, or garnishment proceedings; (e) fail to provide us information necessary to maintain your Account; (f) supply us with misleading, false, incomplete or incorrect information; (g) are unable to perform the terms and conditions of this Agreement; (h) move out of the United States; or (i) use your Account in an unlawful manner.
Upon default or death, subject to applicable law, we may, in our sole discretion: (a) reduce your Credit Limit; (b) terminate the Account, at which time the terms of this Agreement will continue until we have been paid in full; (c) require immediate payment of the total balance on your Account including all related fees and charges described in this Agreement; (d) bring a legal action against you to collect money owed to us; (e) terminate any special promotional credit terms; or (f) take any other action permitted by applicable law. You will pay our court costs, attorneys' fees and costs and expenses of collection related to your default to the extent not prohibited by law.
Even if you are not in default, we reserve the right to terminate this Agreement or terminate your privileges to obtain credit on the Account at any time. You can cancel or close your Account at any time by emailing us at firstname.lastname@example.org. If we have issued you a card with your Account number, you must cut it in half and return it to us.
You may not use your Account for any purchases after you cancel or close your Account. Upon termination of this Agreement by you or us, you will continue to be obligated to pay all amounts owing under this Agreement, and to otherwise perform the terms and conditions of this Agreement
11. COMMUNICATIONS WITH YOU – We and our agents may contact you by telephone call or text message regarding your Account. You agree that we may contact you by using an automatic dialing/announcing device or prerecorded message. You agree that we may make such contacts to a mobile, wireless, or other similar device, even if you are charged for it by your provider. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
12. WHAT LAW APPLIES – This Agreement is governed by federal law and, to the extent that state law applies, the laws of the State of Florida. If any provision of this Agreement is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Agreement will remain enforceable (except as specifically addressed in the Arbitration provision). Our failure to exercise any of our rights under this Agreement will not be deemed to waive our rights to exercise such rights in the future. This Agreement is a final expression of the agreement between you and us and this Agreement may not be contradicted by evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us.
13. ARBITRATION -- Please review this provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.
By accepting this Agreement, unless you opt out by following the instructions below, you agree that either you or we, at our sole discretion, can choose to have any dispute arising out of or relating to this Agreement or our relationship resolved by binding arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator's decision will generally be final and binding. Other rights that you would have if you went to court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Agreement.
For purposes of this Arbitration provision, "dispute" shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre- existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to this Agreement, the credit offered or provided to you, or the goods or services you purchase; the actions of yourself, us, or third parties; or the validity of this Agreement or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in
that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words "we," "us," and "our" shall include Ava Finance, Inc. and any assignees of any of Ava Finance, Inc.’s rights, any merchant from which you purchased goods or services using your Account, as well as their respective affiliates, servicers, employees, agents, and further assigns.
Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association ("AAA") under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor we may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration, other than the disputes of or against joint account holders. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend
will take place in the Federal judicial district where you reside. We will not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in such court.
A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years' experience, selected in accordance with the AAA's rules. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction.
The party initiating an arbitration must pay the AAA's initial filing fee, although you can ask the AAA to waive the filing fee and we will consider your request that we pay the filing fee on your behalf. We will pay any subsequent administration fees imposed by the AAA, and we will pay the arbitrator's fee for up to one day of hearings. All other fees will be allocated as provided by the AAA's rules and applicable law. If you prevail in arbitration, we will reimburse you any fees paid to the AAA. However, even if we prevail, we will not seek reimbursement from you of any fees we paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the
right to seek reimbursement of attorneys' fees or other fees or costs, then that right shall also apply in the arbitration.
You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after the first transaction is posted to your Account. In order to opt out, you must write us at Ava Finance, Inc., 21681 Criptana, Mission Viejo, CA 92692. You must inform us of your decision to opt out and sign the notice.
This Arbitration provision shall survive repayment of your extension of credit and termination of your Account. This Arbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then this entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of this Agreement.
14. CHANGE OF PERSONAL INFORMATION –You agree to promptly notify us if you change your name, mailing address, email address, or telephone numbers. In doing so, you agree that you will not give us false information or signatures, electronic or otherwise, at any time.
15. ASSIGNMENT OF ACCOUNT – We may sell, assign or transfer your Account or any portion thereof or any receivables created under your Account without notice to you. You may not sell, assign or transfer your Account without first obtaining our written consent.
16. NO WAIVER – We may waive or delay enforcing our rights under this Agreement without losing them.
17. CHANGES TO THIS AGREEMENT – This Agreement cannot be changed orally. We have the right to change this Agreement (including the right to add additional terms) and to apply those changes to any existing balance on this Account as permitted by law. We will provide you with notice of any such changes as required by applicable law.
18. OTHER PROVISIONS – All Accounts,: As required by
applicable law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
All Accounts: You agree to give Ava Finance, Inc., as well as its agents, successors, and assigns permission to access your credit
report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing your Account, adjusting the credit limit on your Account, taking collection action on your Account, or for any other legitimate purposes associated with your Account. Alimony, child support or separate maintenance payments need not be revealed if you do not want us to consider it in determining your creditworthiness. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report.
YOUR BILLING RIGHTS
(KEEP THIS DOCUMENT FOR FUTURE USE)
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT
If you think there is an error on your statement, write us at:
Ava Finance, Inc.
Mission Viejo, CA 92692.
In your letter, give us the following information
• Account Information: Your name and Ava Credit Account number.
• Dollar Amount: The dollar amount of the suspected error.
• Description of Problem: If you think there is an error on your bill, describe what you believe is
wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing.
WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain why we believe the statement was correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question or report you as delinquent.
• The charge in question may remain on your statement, and we may continue to charge you
interest on that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question, or any interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe, and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT CARD PURCHASES
If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true:
1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase.
3. You must have not yet fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Ava Finance, Inc., 21681 Criptana, Mission Viejo, CA 92692.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
PROTECTIONS UNDER THE MILITARY LENDING ACT
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent (a "Covered Borrower") may not exceed an annual percentage rate of 36 percent.
You are a Covered Borrower if at the time of establishing this account you are an active duty service member or an active Guard or Reserve duty member, or you are a qualifying dependent of that member.
If you are a Covered Borrower, the provisions of this Ava Credit Account relating to arbitration do not apply to this Ava Credit Account involving consumer credit.