General Concept
Parties. The following is an agreement between a BRIDGING CYBER TRAINING INSTITUTE, LLC (“Business or Business(s)”) and You, a person seeking a service or services provided from the Business (“Customer” or “You”). Business uses an 3rd-party vendor named Denefits to operate, manage, communicate, and any other related or non-related responsibilities and tasks associated with service payment plans.
Monthly Payment Plan. Denefits provides Monthly Payment Plan to make the process and finances simpler and easier for the customer. If you feel particular financial constraint at any given moment in time, the first step is to reach out to Denefits to see how they might better assist you.
Business or Business(s). This is defined as the person, entity, or company providing a service or services for the customer who is enrolled in a Monthly Payment Plan by Denefits.
Monthly Payment Plan Terms. The payment terms that will apply to this Agreement will be specifically enumerated and agreed to by you in the form you fill out when you agree to obtain Monthly Payment Plan from Business or Business(s).
Those terms are hereby incorporated into this Agreement.
Payment Structure
Enrollment Fee. Immediately upon enrolling any customer in any Denefits Monthly Payment Plan program, customer will be charged one-time Enrollment Fee as specified in Schedule A along with the down payment as determined by the Business(s). This fee is non-refundable.
Contingent Enrollment. Enrollment in any Business or Business(s) service provided program is contingent upon successful debit of both the Enrollment Fee and first month’s payment.
Interest Rate. By agreeing to the Terms of the Denefits agreement, Customers expressly agree to the interest rate provided by Denefits and/or the Business. Denefits is not a loan.
Early Payoff
If you choose to pay off your balance in full, Denefits will not charge a prepayment penalty. The amount paid will be the account balance minus interest. There will be a $3 OR 3% transaction fee per payment included with this payoff paid by the customer.
Late Payments, Fees and Recover
Recurring Payment Fee: The customer will be charged a flat fee as specified in Schedule A with 10% of the payment on each recurring payment.
Late Fee. If a customer fails to make a payment within the number of days specified by the Business when it is due, the customer will be charged a Late Fee as specified in Schedule A for each instance of late payment. The Customer will be billed the Late Fee automatically after the first 30 days of payment default.
Payment Extension Fee. It is the requesting parties responsibility to pay the due date change fee. This fee is calculated as the recurring payment amount and the length of the extension made. The minimum amount for this change is $10.
Overdue Accounts. In case any customer has missed their payment or the account is in the overdue state, the payment will be automatically deducted as soon as the money is available in their bank account. Denefits reserves the right to sell or assign all overdue Customer account receivables to a third party at any time.
Overdue Accounts. In case any customer has missed their payment or the account is in the overdue state, the payment will be automatically deducted as soon as the money is available in their bank account. Denefits reserves the right to sell or assign all overdue Customer account receivables to a third party at any time.
Delinquent Accounts. Denefits is a first party collector using our own employees within our billing department. Denefits will continue to collect on Customer accounts that have been sent to the billing department for past due balances or missed payments at its discretion on behalf of the Business.
Attorney(s)’s Fees. If customer fails to make a payment within 60 days of when it is due, customer will be responsible for paying for all of Denefits and BRIDGING CYBER TRAINING INSTITUTE’S reasonable attorney fees required to collect all outstanding amounts from customer.
Arbitration. Should mediation prove unsuccessful, next, any claims and disputes arising under this Agreement are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of such arbitration shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction.
Mediation. All claims and disputes arising under this Agreement that cannot be resolved by the parties must first be submitted to a mediator in an attempt to resolve the dispute outside of litigation. Any such mediation shall begin within fifteen days from the request for mediation by either party. The mediation must be completed within ten days thereafter. The parties will split the cost of mediation. If the parties do not submit to this mediation in good faith, as determined by the mediator, the parties may not proceed with any other remedies under this Agreement.
Class Waiver. To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
Billing and Payment Information
Information from our billing partners: When you make a payment through our Services (as further described in and subject to other provisions of the Agreement), your payment card information is collected and stored by our payment processing partner, such as Stripe (https://stripe.com). Our payment processing partner collects your voluntarily provided payment card information necessary to process your payment. Such partner’s use and storage of information is governed by its applicable terms of service and privacy policy. The information we store includes your payment card type and the last four digits of the payment card.
Additional transaction fees that are applied by our payment processor is a $3 or 3% transaction fee applied to Customer payments. All fees are outlined in SCHEDULE A.
Information about payment billing:
Denefits is a first party collector using our own employees within our accounts receivable department. All attempts to collect past due payments will receive communications from Denefits by phone, text, letter and/or email.
Customer Account Ownership and Cancellation Policy
Customer debt Is controlled solely by Denefits., unless, the Business requests a Customer account cancellation and/or a Customer account balance change in this Agreement. Denefits reserves the right to sell or assign all overdue Customer account receivables to a third party at any time.
When a Business uses the Denefits, the Business may choose to sell or assign their positive account receivables to a third party. If a Customer account has been sold by a Business, Denefits will cancel the Customer account.
Termination. Only the Business may cancel the Monthly Payment Plan program. Once enrolled in the program, the Customer is responsible for making all payments in accordance with the other provisions of this Agreement.
Refunds. Denefits will not provide any refunds or return money once it has approved a customer. Any decision to refund money must be made by Business as per the mutually agreed terms with Denefits.
All refunds and reversals issued by Denefits on behalf of the Business take up to 30 business days, depending upon the bank. Some refunds—those issued shortly after the original charge—appear in the form of a reversal instead of a refund. In the case of a reversal, the original charge drops off the customer’s statement, and a separate credit is not issued. There are no fees to refund a charge, but the transaction fees from the original charge are non-refundable.
Bankruptcy
If a bankruptcy claim is filed by the customer, the customer must notify the Denefits Legal Department immediately with a copy of the bankruptcy documentation as proof to Denefits and must be issued by the court in which it is filed. This claim will effectively terminate all payment plans with Denefits and all payments to the Business which services were received from will immediately cease. The court notice and bankruptcy documentation must be mailed to:
Denefits, LLC Attn: Legal Department 16500 Bake Pkwy, Ste 100, Irvine, CA 92618 legal@Denefits.com
A phone call or email will not satisfy this requirement.
In the Event of a Death
If a Businesses customer has died, Denefits may collect the remaining balance of the finance contract from his/her estate. Denefits will never collect more than either the value of the Denefits customer estate subject to probate or the amount owed to Denefits.
When a Denefits customer passes, the person handling the estate must give written notice of the death, within 90 days of the date of death, to Denefits. The notice and copy of the death certificate must be mailed to:
Denefits, LLC Attn: Legal Department 16500 Bake Pkwy, Ste 100, Irvine, CA 92618 legal@Denefits.com
Denefits Does Not Provide Medical Advice
The Content that you obtain or receive from Denefits, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All related information, including, without limitation, information shared via Denefits.com, the Denefits blog, Denefits social channels, Denefits emails and text messages, and Denefits advertising, comes from independent professionals and organizations and is for informational purposes only.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL ADVICE. DO NOT DISREGARD, AVOID OR DELAY OBTAINING ADVICE FROM A QUALIFIED PROFESSIONAL, UNDER ANY CIRCUMSTANCE. DO NOT USE SERVICES FOR EMERGENCY NEEDS. IF YOU EXPERIENCE A EMERGENCY, IMMEDIATELY CALL A PROFESSIONAL AND/OR 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE ADVICE TO ACT UPON.
Additional Provisions
Means of Communication. By checking the “I AGREE” clickwrap box during the creation of this account, you consent to receive communications from Denefits by phone, text, letter and/or email. To stop calls from Denefits, please send a written request directly to us within 30 days. Once received, we will remove you from our call list and continue communication regarding your outstanding debt via US Mail. This notification must be sent to: Denefits, LLC Attn: Legal Department 16500 Bake Pkwy, Ste 100, Irvine, CA 92618 legal@Denefits.com
Automation. Denefits Complete Payment Options provides automated notifications direct to customers via Email and Text Message. These automated messages will include the reason for the notification and a direct link to your account. You agree to these messages during the enrollment process, but will be provided the opportunity to opt out at your convenience.
Assignability. Denefits may assign this Agreement to another party at any time. customer’s responsibilities are non-transferable and non-assignable absent written consent from Business or Business(s).
Credit Check. Denefits will not check your credit as part of this agreement.
Credit Reporting. Denefits may report payment activities to credit bureaus as a non-debt recurring payment to help customer build credit. Denefits may also report defaulted debt to credit bureaus after payment is 31 days or more past due.
Governing Law. This Agreement and any matters hereunder shall be governed by and construed in accordance with the laws of state of California, excluding its conflict of law rules. Customer hereto hereby consent to the exclusive jurisdiction of Orange County and venue of the courts of state of California with respect to the resolution of any suit, action or proceeding hereunder.
Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from this Agreement, (b) the balance of the Agreement shall be interpreted as if such provision were so excluded and (c) the balance of the Agreement shall be enforceable in accordance with its terms.
No Waiver. The failure to exercise or enforce or delay in exercising or enforcing any right or remedy provided by this Agreement or by law shall not constitute a waiver of the right or remedy or a waiver of other rights or remedies and the single or partial exercise or enforcement of any right or remedy provided by this Agreement or by law shall not preclude or restrict the further exercise or enforcement of any such right or remedy.
Changes to Terms of Use
These Terms of Use shall remain in full force and effect while you use the Site and Mobile Apps. We reserve the right to change, modify, or update These Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate.
Personal Data We Collect
United States – California residents. This section provides additional details about the personal information we collect about California consumers as well as the rights of California consumers under the California Consumer Privacy Act (CCPA).
How We Collect, Use, and Disclose your Personal Information. The Personal Data We Collect section describes the personal information we may have collected over the last 12 months, including the categories of sources of that information. We collect this information for the purposes described in the How We Use Personal Data section. We share this information as described in the How We Disclose
Personal Data section. Stripe uses cookies, including advertising cookies, as described in our Cookies Policy.
Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
Exercising the right to know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
the categories and specific pieces of personal information we have collected about you; the categories of sources from which we collected the personal information;
the business or commercial purpose for which we collected the personal information; the categories of third parties with whom we shared the personal information; and
the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place.
Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
To submit a request to exercise any of the rights described above, you may contact Denefits at legal@denefits.com. We may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required. If you are a Customer of a Denefits User, please direct your requests directly to the Denefits User with whom you shared your personal information.
SCHEDULE A
Customer Enrollment Fee: USD $30.00
Late Fee: $25.00
Change of Date Fee: As outlined in section Payment Extension Fee Transaction Fee to the Customer: $3.00 OR 3% whichever is higher.