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SAMPLE CONTRACT FOR PAYCHECK DIRECT - SAMPLE ONLY. YOUR ACTUAL CONTRACT WILL BE PROVIDED TO YOU DURING THE PURCHASE PROCESS
TRUTH-IN-LENDING DISCLOSURE

Creditor: Bluestem Enterprises, Inc., 6509 Flying Cloud Drive Ste 300, Eden Prairie, MN 55344

Borrower Name and Address: John Doe, 123 Main Street, Anywhere, MN 55555





Promise to Pay: You promise to pay the Principal Amount, which is the purchase price of the goods and services you purchase from us. There are no interest charges or service charges. Your first payment will be due on the first date that your Employer is able to processes payroll withholding for your purchases after we have shipped all of the goods and services that you ordered. However, in no event will your first payment be earlier than seven (7) days after we have shipped all such goods and services. After that, payments are due on each of your Employer's payroll payment dates every two weeks. The payment amount is equal to the greater of (1) [PricePerPayPeriod] or (2) the amount necessary to pay off your Principal Amount in [NumberOfPayPeriods] equal payments. Your initial estimated payment schedule, including the amount and due date of each payment, is set forth in the Truth-in-Lending Disclosure that will be provided to you.

You may pay the total unpaid balance of this Contract at any time. You may prepay all or any part of the amount due under this Contract at any time without penalty. A partial prepayment will not change or defer your next scheduled payment. Amounts outstanding following the last scheduled monthly installment payment date will be due in full one month after the last scheduled monthly installment payment date.

Return Policy/Restocking Fee: We will exchange your product or give you a refund for most items returned in new condition within 90 days after you bought it. (Contact us at (866) 441-9160 before you send it back.) Returns will not be accepted for a refund after 90 days. If you have any problems with a product, please check the manufacturer's warranty. Shipping and handling charges are non-refundable. Postage to return a product is paid by the customer. Also, please note that music, movies, video games and software must be returned unopened (factory sealed). Computers, camcorders, digital cameras, electronic game systems, air conditioners, holiday decorations, heaters and generators must be returned within 30-days. Products sold in sets must be returned as a set; we do not take back partial sets. Personalized, customized and Made-to-Measure Window Treatment products may be returned for a refund if they are damaged or defective only. Exchanges are for the exact same item only, within 90 days of purchase. Other restrictions may apply.

Eligibility/Certifications: You certify that you meet all of the requirements for eligibility to participate in the PayCheck Direct program, specifically stating that each of the following criteria are true: (1) You are a current non-seasonal full-time employee with your Employer ("full-time" is defined, for purposes of this Contract, as working 30 or more hours per week and not on current leave or time off at the time of making a purchase from us), (2) You have been continuously employed by your Employer for at least 6 months, (3) You have not indicated to your Employer that you intend to retire, take a leave of absence or take any other action that would suspend your full time employment with your Employer during the course of your scheduled payments to us required by this Contract, (4) You are not presently the subject of any child support garnishments, court ordered garnishments or other non-employment payroll deductions or other impediments that could adversely affect your ability to make the payments required by this Contract.

Approval: Your Contract is subject to final approval by us. We will not approve your Contract if we are not able to validate your contact information. You authorize us to verify your identity, your contact information, your employment status, and other information about you with your Employer. You authorize your Employer to provide information about you to us, including your address and other contact information and the terms of your employment (such as your salary). You authorize us to provide information to your Employer in connection with your Contract.

Payments: You may make payments by mail, by check or money order, to PayCheck Direct, 6250 Ridgewood Rd, St. Cloud, MN 56303. You agree that any payment you make may be returned to you without applying it to your Contract and without presentment or protest, for reasons including, but not limited to, that the check or money order: (1) is not drawn on the U.S. Post Office or a financial institution located in the United States; (2) is missing a signature; (3) is drawn with different numeric and written amounts; (4) contains a restrictive endorsement; (5) is post-dated; (6) is not payable as directed on your statement; (7) is not payable in U.S. dollars; or (8) is not paid upon presentment. You agree to pay any bank collection fees we incur for any check payments made in U.S. dollars drawn on a financial institution not located in the United States. We can accept late or partial payments, or checks or money orders marked "Payment in Full" or otherwise restrictively endorsed, without losing any of our rights under this Contract; such payments must be sent to PayCheck Direct, 6250 Ridgewood Rd, St. Cloud, MN 56303.

Returned Merchandise: When you return merchandise, we subtract the return amount from your initial purchase amount; your payment amount will then remain the same, but you will pay off your Contract earlier. If a return (or returns) results in a credit balance, we will also refund your credit balance.

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. This rate must include certain costs and fees charged by creditors in connection with other credit transactions or accounts. Please note: because there is no interest or other applicable costs or fees charged on your PayCheck Direct loan, your annual percentage rate is 0 percent. You are a "Covered Borrower" if at the time of establishing this loan 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 your PayCheck Direct Installment Agreement relating to arbitration do not apply to your PayCheck Direct loan involving consumer credit. Oral Disclosure: If you are a Covered Borrower, you may obtain information about the loan by calling us toll-free, at (844) 403-7057.

Consent to Use of Telephone Numbers: You expressly consent to receiving calls and messages, including autodialed and prerecorded message calls, from us, our affiliates, marketing partners, agents and others calling at our request or on our behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers).

Assignment of Loan: We may sell, assign or transfer your Contract or any portion thereof without notice to you. You may not sell, assign or transfer your Contract.

Updated Financial and other Information: Upon request, you agree to promptly give us accurate financial and other information about yourself. You authorize us to obtain credit reports or other information about you from a consumer reporting agency or any third party, in connection with the review, administration, or collection of your Contract.

Arbitration: By requesting credit from us and accepting this Contract, you agree that if a dispute of any kind arises out of this Contract, either you or we, at our sole discretion, can choose to have that dispute resolved by binding arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or to have a jury trial on that claim, or to engage in pre-arbitration discovery, except as provided for in 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 claim 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 Contract. Notwithstanding any language of this Contract to the contrary, should any portion of this Arbitration provision be held invalid or unenforceable by a court or other body of competent jurisdiction, this entire Arbitration provision shall be automatically terminated, but all other provisions of this Contract shall remain in full force and effect. Any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether preexisting, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to the credit offered or provided to you; the actions of yourself, us, or third parties; or the validity of this Arbitration provision (individually and collectively, a "Claim"), must, after an election by you or us, be resolved by binding arbitration in accordance with the Arbitration provision and the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect when the Claim is filed. There shall be no authority for any Claims to be arbitrated on a class action basis. An arbitration can only decide your or our Claim and may not consolidate or join the claims of other persons who may have similar claims. You may obtain rules and forms by calling the AAA at 1-800-778-7879. Any arbitration hearing that you attend will take place in the Federal judicial district where you reside. At your request, we will advance the first $250.00 of the filing and hearing fees for any Claim you may file against us; the arbitrator will decide whether you or we will ultimately pay those fees. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. This Arbitration provision shall survive repayment of your obligation and termination of this Contact. This Arbitration provision shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16.

NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

PAYROLL DEDUCTION AUTHORIZATION

As a convenient method to make the payments due on your Retail Installment Contract ("Contract") with Bluestem Enterprises, Inc. ("Company"), you authorize and direct [Employer Name] ("Employer") to take payroll deductions from each of the payroll amounts due to you in accordance with this Authorization that you have voluntarily elected. The payroll deductions will be paid by your Employer to Company. This authorization will remain in effect, and deductions will continue, until all amounts due under the Contract have been paid by you.

From each of the Employer's payroll amounts due to you, you authorize and direct your Employer to deduct and remit to Company the "Deduction Amount." The "Deduction Amount" will initially be [PricePerPayPeriod] per payroll date. However, the Deduction Amount may increase or decrease for any of the following reasons:
  • Insufficient Payroll Amount. If the payroll amount due to you from your Employer on a particular payroll date is not sufficient to take the regular Deduction Amount, or if you have other payroll deductions that take priority, then the Deduction Amount for that particular payroll distribution will be reduced to the amount available.
  • Make-up Payments. If the Deduction Amount for any payroll amount is reduced or not paid, then the Deduction Amount for each subsequent payroll distribution will be increased until the amount of the reduction or nonpayment has been fully recovered. For example, if your normal Deduction Amount is $25 but you have only $15 in available payroll proceeds for a payroll date, then the Deduction Amount for that month will be $15. However, the Deduction Amount for your next payroll date will be $35.
  • Final Payment. The final scheduled Deduction Amount may be reduced to the amount required to pay your Contract in full.
  • Termination of Employment. If your employment is terminated with your Employer, whether by you or by your Employer, the Deduction Amount for your final payroll may be increased to the total amount then due on your Contract, in order to pay your Contract in full.


You authorize and direct your Employer to deduct the full Deduction Amount and pay it to Company on your behalf. If you have multiple payroll deductions for amounts owed to Company, all amounts received will be applied first to amounts due (or past due) on the oldest outstanding Contract, unless otherwise required by applicable law.

Company will apply all amounts received from your Employer to your obligation under the Contract.

By clicking "Yes, I agree to these conditions" you are signing this Payroll Deduction Authorization with your digital signature. This has the same force and effect as if you signed your name manually on a paper copy of this document. You acknowledge that you have received a completed copy of this Payroll Deduction Authorization and agree to all of its terms.