FEE ADVANCES & CREDIT ACCOUNTS
Beyond e-Discovery, LLC anticipates that, from time to time, you will ask Beyond e-Discovery, LLC to advance money (Advances) on our behalf under the Program. Beyond e-Discovery, LLC is not required to make Advances to you and has the discretion to refuse any request for an Advance at any time for any or no reason. The Advances, if any, made under this Program will be used solely to pay the fees that are charged by the courts or other third parties (collectively, the Third Party Fees) when you use the Services (as defined in the Beyond e-Discovery, LLC Services Agreement). Beyond e-Discovery, LLC will distribute the proceeds of an Advance in payment of the applicable Third Party Fee at your discretion. You agree that each of your requests for Advance will also constitute your direction to Beyond e-Discovery, LLC to pay the Third Party Fee for which the advance is requested and your agreement to be bound by the terms and conditions of this Agreement with respect to such Advance.
You represent to Beyond e-Discovery, LLC and agree that all Advances made to you under this Open-End Loan Agreement will be used solely for the purposes described in the preceding paragraph and will not be used for personal, family or household purposes.
Subject to Beyond e-Discovery, LLC’s approval in its sole discretion, Beyond e-Discovery, LLC may, but is not required to, open an account for you under this Open-End Loan Agreement (the Credit Account). The Credit Account will be an open-end loan account. All Advances made under this Open-End Loan Agreement will be debited to the Credit Account.
Beyond e-Discovery, LLC may, but is not required to, establish a credit limit on your Credit Account. If a credit limit is established for your Credit Account: (1) Beyond e-Discovery, LLC may increase or decrease the credit limit at any time in its discretion, and (2) you agree not to exceed the established credit limit. If you exceed the credit limit, you agree to repay immediately the amount that exceeds the credit limit. Beyond e-Discovery, LLC will notify you if a credit limit is established for your Credit Account and any increase or decrease in the credit limit.
You agree to pay Beyond e-Discovery, LLC a finance charge for all Advances Beyond e-Discovery, LLC makes to you under this Open-End Loan Agreement (the Advanced Fees Finance Charge). The Finance Charge will be posted to your Credit Account and will be computed by multiplying (1) the Daily Balance by (2) the Daily Period Rate. The term “Daily Balance” means the outstanding balance in your Credit Account at the end of each day, after payments and credits to the Credit Account have been credited and Advances have been debited, since your last payment. The Daily Balance does not include any unpaid Finance Charges. The Daily Periodic Rate is currently .23%, which is subject to change as provided below in this Open-End Loan Agreement.
You agree to repay to Beyond e-Discovery, LLC all amounts advanced to you under this Open-End Loan agreement plus accrued Finance Charges and late charges, if any, no later than to 30th day after Beyond e-Discovery, LLC issues an invoice to you for such amounts. Payments will include any amount past due and any amount by which you have exceeded any credit limit established by Beyond e-Discovery, LLC for your Credit Account. You may repay all or part of what you owe at any time without any prepayment penalty. Payments will be applied first to the payment of late charges, second to the payment of Finance Charges and then to the payment of Advance balances in your Credit Account.
If your Credit Account becomes delinquent, a late charge may be imposed on all past due amounts at the rate of 1.5% per month. In addition, you agree to pay all costs and reasonable fees including attorneys’ fees, incurred in the collection of any amount past due. Beyond e-Discovery, LLC also reserves the right to charge the past due amounts to the credit card provided by you that is on file for your Account.
In the event of (a) your failure to make any payment when due: (b) your breach of any term contained in this Open-End Loan agreement; (c) your dissolution or death; (d) any statement made by you in connection with this Open-End Loan Agreement being false in any material respect, (e) your insolvency; or (f) your filing a petition in bankruptcy or receivership or your being placed involuntarily into any such proceedings, then, upon our election, the entire balance in your Credit Account then outstanding will become immediately due and payable.
Beyond e-Discovery, LLC may modify the terms of this Open-End Loan agreement or your Credit Account, including changes in the Daily Periodic Rate, at any time by giving notice to you. At the time of any modification, including an increase in the Daily Periodic Rate, you will have the option to close your Credit Account and to pay off the then outstanding balance in your Credit Account under the terms in effect prior to the modification. If you elect to continue using the Program after notice from Beyond e-Discovery, LLC of any modification, such modification will apply to the then outstanding balances in your Credit account as well as to new Advances. You have the right to close your Credit Account at any time and for any or no reason on written notice to Beyond e-Discovery, LLC You agree that Beyond e-Discovery, LLC may terminate the Program or this Open-End Loan Agreement as to future Advances at any time for any or no reason. Upon your closing of your Credit Account or Beyond e-Discovery, LLC’s termination of the Program or this Open-End Loan Agreement, the entire balance in your Credit Account then outstanding will become immediately due and payable and your Account with Beyond e-Discovery, LLC will be closed.
This Open-End Loan Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions and applicable federal law.
The provisions in this Open-End Loan agreement are for the sole benefit of you and Beyond e-Discovery, LLC and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
You may not assign any of your rights or delegate any of your duties under this Open-End Loan Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement.
The failure of either you or Beyond e-Discovery, LLC to insist upon or enforce strict performance by the other party of any provision of this Open-End Loan agreement or to exercise any right under this Open-End Loan Agreement will not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance.
This Open-End Loan Agreement in conjunction with the Services Agreement constitutes the entire agreement between you and Beyond e-Discovery, LLC with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negations and discussions, whether oral or written, of you and Beyond e-Discovery, LLC with respect thereto.
You certify that you have read and understand this Open-End Loan Agreement and state that you agree to be bound by the terms and conditions contained in this Open-End Loan Agreement.