1. Payment Service Made Available by your Provider.
Your Provider and MPP have entered in an agreement to enable Provider’s patients to make more convenient and affordable payment arrangements to pay for the expense of medical/surgical care incurred with Provider over and above the amounts of applicable insurance coverages (“Unpaid Balances”). Utilizing the MyPaydayPlan will give you the ability to arrange a payment plan to pay your Unpaid Balance to Provider. You will be able to have more frequent and more affordable payments collected by MPP from your designated bank account on or shortly after your paydays. Such partial collections will be held by MPP until a full monthly payment is collected which will then be electronically deposited by MPP to Provider’s own designated account on your behalf in accordance with the Provider’s existing monthly payment billing system.
2. Services to be provided to You, as Provider’s Patient.
By enrolling in MPP, you agree to have MPP collect the amounts (“Designated Debits”) specified in your individual enrollment agreement on designated withdrawal days. MPP will collect such Designated Debits from the bank account you have selected through the Federal Reserve’s Automated Clearing House (ACH) into a Separate Holding Account in MPP’s Customer Trust Account. When adequate funds totaling a full Monthly Payment (the “Monthly Payment”) have been accumulated therein, MPP will forward the Monthly Payment less Collection Fees, to Provider by Electronic Funds Transfer (EFT). This payment will be credited by Provider to your Unpaid Balance.
3. Automatic EFT Debits & Method of Monthly Payment.
When you enroll in MPP, Provider will enter your Unpaid Balance, linked bank account and Designated Debit information through Providers account on the MPP web portal. Your enrollment will authorize the MPP Trust Account Bank to collect, receive and accumulate Designated Debits from your linked bank account, including all additional fees as agreed to with Provider. From such collected amounts, MPP will make the stated Monthly Payments to Provider, subject to the terms and conditions hereof. MPP will charge you an (“EFT”) fee of $1.50 for each Weekly Debit or $1.95 for each Bi-Weekly Debit, Twice-Monthly Debit, or Monthly Debit. Your participation in MPP will not modify your obligation to make regular monthly payments to Provider under the applicable payment arrangement in effect between you and Provider. If, for any reason MPP is unable to collect monies from you and make monthly payments on your behalf to Provider, you will remain fully responsible for making arranged monthly payments to Provider. If any change in bank account information for EFT purposes shall occur, you shall immediately update such changes through MPP’s website.
4. Third Party Relationship – Collection Service.
You acknowledge that MPP is a collection service and Provider understands that collection services to be provided by MPP under this Agreement may only occur after you have become legally obligated to make arranged monthly payments to Provider for professional services rendered and unreimbursed by insurance. Your participation in MPP is voluntary. MPP will collect partial payments of Unpaid Balances from you by receiving funds from your designated checking or savings account and will forward such funds to Provider net of applicable fees. This Service Agreement is entirely separate and apart from the professional relationship between you and Provider. Unsuccessful Designated Debit Transactions.
You acknowledges that if any unsuccessful attempt by MPP to collect a Designated Debit results in a fee (the “ACH Return Fee”) charged against MPP’s Bank Account by your bank, if not recoverable by MPP from your Patients’ Holding Account, will be paid by the Provider which cost can be passed on to you under the MPP Customer Agreement with Provider. This amount will post to your Unpaid Balance. The ACH Return Fee is twenty five dollars ($25.00). If such ACH Return Fee cannot be collected from your account, MPP may deduct such charges from funds previously paid by you into the Patient’s Holding Account. Additionally, You agree to pay MPP a fee of twenty five dollars ($25.00) should MPP have to Stop Payment on a monthly payment forwarded to Provider, if such payment is made prior to ACH Return Fee notification in addition to the amount of the unsuccessful partial payment.
5. Payment Processing.
An MPP Trust Account Bank will electronically collect all Designated Debits from your linked bank account through the ACH system pursuant to the rules and regulations of the Federal Reserve System. All Designated Debits will occur as set forth as scheduled and will be deposited into the MPP Trust Account and credited to your Patient’s Holding Account with MPP. When a full Monthly Payment is collected, it will then be paid to Provider and deducted from your Patient’s Holding Account. The collection service fee charged Provider by MPP will not be deducted by Provider from the amount credited to your Unpaid Balance.
6. Email and Text Messages (SMS) Communications
You acknowledge that MPP will send email and SMS messages to you to facilitate a successful relationship. MPP abides by and complies with the Telephone Consumer Protection Act (TCPA) of 1991, as amended. MPP will not sell or provide your email or telephone contact information to any third party. You will be provided with the option to enroll in SMS notification services and, if you do enroll, you can opt out at any time by email notification to MPP. You further acknowledge that you do not have the option to opt out of such email communications that MPP deems reasonable and necessary to send to you. Your email address and mobile phone number will remain confidential and will not be provided to any outside party.
7. Term of Agreement.
Subject to your right, as further explained in Section 9 below, and the right of Provider to terminate this agreement earlier, this Agreement shall remain in effect until Provider confirms to MPP that you have discharged your entire Unpaid Balance. MPP shall have the right to increase Designated Debit transaction fees at any time hereafter, by giving you a minimum of thirty (30) days’ notice thereof. New fees will become effective with respect to debit transactions occurring on and after such effective date of fee increase.
8. MyPaydayPlan Trust Account Banks.
MPP currently uses the Chemical Bank and Trust Company of Midland, Michigan as our banking institution for the purpose of receiving and accumulating Designated Debits within the respective Patient’s Holding Account’s until Monthly Payments are made to Provider. MPP reserves the right to change MPP Trust Account Banks from time to time. No change of an MPP banking institution shall change any of the other terms and conditions herein.
9. Rights of Patient and MPP to Terminate a Payment Plan.
- Your Right to Terminate at Inception. You have the right to terminate without cause and without penalty at any time prior to midnight of the third business day after your initial enrollment. If you do so, no Designated Debits will have been made, or will be made in the future.
- Your Right to Terminate a Current Payment Plan. You may terminate a current Payment Plan for any reason whatsoever, without charge, by giving MPP valid notification (with proof of identity).
- Right of MPP to Terminate. Subject to the right of MPP to terminate its Master Agreement with Provider, MPP may only terminate a current Payment Plan if you are in breach thereof.
- Failure to Complete Designated Debits. Our inability to successfully complete two consecutive Designated Debits shall constitute cause for MPP to terminate a Payment Plan with you. In such an event, you will be notified that sufficient funds have not been collected to fund the forwarding of the Monthly Payment to Provider. In such event, MPP will notify you that you have the responsibility to forward said Monthly Payment and any other required payments directly to Provider.
- MPP Obligations Following Termination of Payment Plan. Upon termination of your Payment Plan for any reason, MPP will forward by EFT to Provider, any and all of your Patient funds being held in Patient’s Holding Account, less any outstanding fees, (the “Net Balance of Patient”),will be refunded within 10 (ten) days after the date of termination.
- No Further Duties of MPP. Following termination of your Payment Plan, MPP will be released from the performance of MPP Services thereafter on your behalf and from all obligations to Provider under this Agreement with respect to you.
10. Effect of Termination of Master Agreement with Provider.
As of the effective date of termination of the Master Agreement with Provider, MPP shall have no further obligations hereunder to you except for the run-off of your current Payment Plan for as long as it remains in effect, and may, at its option, cancel your Payment Plan after two (2) years following the termination of the Master Agreement with Provider. For as long as the run-off period continues, all terms and conditions of this Agreement will remain in full force and effect.
MPP may assign this Agreement upon thirty (30) days written notice to you. Provider may assign this Agreement on thirty (30) days written notice to you and MPP will provide its assignee with all information and cooperation necessary to effectuate and complete such assignment and preserve the continuity of your Payment Plan(s) then in effect. Upon the acceptance of all terms and conditions hereof by MPP’s assignee, MPP shall be released from all further obligations to you hereunder.
12. Indemnity, Unauthorized Representations and Warranties.
(i) You agree to hold harmless and indemnify MPP and our affiliated agents and/or independent contractors, authorized representatives and service providers from and against any liabilities, damages, claims, penalties, late fees, costs and reasonable attorney's fees which may arise due to inaccurate information provided by you, and/or you neglect to properly advise MPP in writing (email) of any changes in your bank account information of which MPP should have been reasonably made aware and/or any breach of any other responsibility of you hereunder; (ii) NO WARRANTIES EITHER EXPRESSED OR IMPLIED ARE MADE BY MPP IN ANY MANNER WHATSOEVER OTHER THAN THOSE STATED WITHIN THIS AGREEMENT. (iii) No representative, affiliated agent or independent contractors of MPP are authorized to make representations, warranties or promises that conflict with the terms and provisions of this Agreement. By making this Agreement, you confirm and acknowledge that you are not relying on any such representation, either written or oral, not specifically set forth herein.
All notices must be made with proper identification and sent to MPP or to you at our respective then current electronic or physical address.
14. Governing Law.
The rights of the parties in this Agreement shall be governed by the laws of the State of Michigan. The parties agree that any dispute arising out of this agreement or the circumstances leading up to the execution of this agreement be submitted in arbitration in Midland, Michigan. The arbitration shall be conducted before a panel of three arbitrators in accordance with the then pertaining rules of the American Arbitration Association and any decision rendered by the arbitrators shall be final and binding. The prevailing party shall be entitled to reasonable costs of such arbitration.
The determination that any provision of this agreement is invalid in whole or in part shall not affect the enforce-ability of the remaining provisions found to be valid.
16. Entire Agreement.
This Agreement represents the full understanding and agreement between the parties, and supersedes any and all previous oral or written agreements. It may not be altered or modified in any way except by written instrument signed by Provider and by an authorized officer of MPP.
You hereby acknowledge that you have read and understand this Agreement, including all the terms and conditions and represent and warrant to MPP that the information provided to MPP is accurate to the best of your knowledge and belief. No dispute between you and Provider with respect to how the Unpaid Balance arose, and/or how Provider is applying payments to reduce such Unpaid Balance shall create any additional responsibility on the part of MPP other than as expressly set forth in this Agreement. All such disputes must be resolved between you, Provider and third-party payers such as insurance companies, and until Provider shall have given MPP notice of any adjustment to the Unpaid Balance, MPP shall have the right to administer the current Payment Plan based on the information provided to it in the original enrollment process.
18. Website. MPP maintains a website at www.mypaydayplan.com which contains information about MPP and enables prospective customers to inquire about MPP payment plan services. If you have not already done so, you are encouraged to visit the website.