Terms and Conditions
1. Loan Terms. Your loan will have a principal balance specified by the loan terms specified by the loan request you've submitted. All loans are unsecured, fully-amortizing, closed-end loans. Your obligations, including your obligation to repay principal and interest, are set forth in this Agreement and in the Note or Notes that you will make to us, as described in section 3 below.
2. Credit Decisions. Your loan request must include your annual income and such other information as we may obtain through the Site. We will consider public assistance, alimony, child support, or separate maintenance income as income if you choose to include such sources of income in your application and such income is likely to continue. We reserve the right to verify any information you submit by requiring you to produce appropriate documentation or other proof, and also reserve the right to conduct such verification through a third party. You hereby authorize us to request and obtain data from a third party to verify any information you provide to us in connection with your loan request. We may terminate consideration of your application at any time in our sole discretion.
3. Loan Funding and Closing. You may post a loan request on the Site, and BitLendingClub investors ("Investors") will be able to review your loan request. Investors may commit funds to purchase, in various amounts, Member Payment Dependent Notes ("MPDNs") that BitLendingClub may issue to Investors who commit funds for your loan request. You acknowledge that a Investor's commitment to purchase a MPDN corresponding to all or a portion of your loan from us does not confer any rights to you. You understand that individual Investors make their own decisions whether to commit funds for your loan. BitLendingClub may also choose to commit funds for all or part of your loan request but is not obligated to do so.
Funding of your loan request might be available before the loan expiration date. In no event, will we be obligated to notify you of the date upon which your loan may or will fund.
If we extend a loan to you, you agree to execute by power of attorney as described below, and be bound by the terms set forth in, the form of promissory note attached as Exhibit A (the "Note") as to your loan. You agree to execute multiple Notes if we request you do so, provided that the aggregate principal amounts of such Notes shall equal the total amount of your loan. BitLendingClub will execute your Note(s) on your behalf pursuant to a power of attorney you grant to BitLendingClub when registering your loan request. You authorize us to disburse the loan proceeds by Bitcoin transfer to your designated Bitcoin address or on your behalf to your selected designee. Following our disbursement of the loan proceeds as set forth above, we will assign the Note(s) and your loan to BitLendingClub.
BY COMPLETING YOUR APPLICATION AND SUBMITTING YOUR LOAN REQUEST, YOU ARE COMMITTING TO OBTAIN A LOAN FROM US IN THE AMOUNT AND ON THE TERMS SET FORTH IN YOUR AGREEMENTS WITH BITLENDINGCLUB AND THE LENDERS (OR THEIR ASSIGNEES) AND THE DISCLOSURES PROVIDED TO YOU IN CONNECTION WITH YOUR REQUEST, SHOULD YOUR REQUEST BE FUNDED. YOU HAVE NO RIGHT TO RESCIND THE LOAN ONCE MADE BUT YOU MAY PREPAY THE LOAN AT ANY TIME WITHOUT PENALTY. We will not lend you any funds unless and until sufficient commitments are received from Investors and/or BitLendingClub.
4. Making Your Loan Payments. You agree to make your loan payments on time by depositing sufficient amount of Bitcoins in the Site and manually making payments through the Site, or the Site may also automatically withdraw funds from your BitLendingClub account to make payments.
All payments are to be applied first to the payment of all fees, expenses and other amounts due (excluding principal and interest), then to accrued interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default (as defined below), payments will be applied to your obligations as we determine in our sole discretion.
5. Other Borrower Obligations. You agree that you (A) will not, in connection with your loan request: (i) make any false, misleading or deceptive statements or omissions of fact in your listing, including but not limited to in the loan title, or in your loan description; (ii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself; (iii) give to or receive from, or offer or agree to give to or receive from any BitLendingClub member or other person any fee, bonus, additional interest, kickback or thing of value of any kind except in accordance with the terms of your loan; (iv) represent yourself to any person, as a representative, employee, or agent of ours, or purport to speak to any person on our behalf; (v) provide, in your loan request or in communications on the Site related to your loan request, information upon which a discriminatory lending decision may be made, such as your race, color, religion, national origin, sex, marital status, age, any exercise of your consumer rights or the existence of alimony, child support, or separate income (unless you have included such income in your application to be considered for loan qualification). You acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us.
6. Fees. BitLendingClub fees are as follows: • The BitLendingClub fees are set based on the credit rating, starting at 1% for A-rated loans and increasing by 1% for each drop in credit rating, up to 5% for E rated loans. • The maximum BitLendingClub fee is capped at the the corresponding fee up to $100,000 USD. The fee is collected upon the receipt of a payment from you, the Borrower. The fee is owed in addition to the principal and interest owned by Borrower. If Borrower's payment is more than 15 days late, Lender may charge a late fee as specified by the loan terms. If a payment is more than 30 days late, we may charge such late fee. We will charge only one late fee on each late payment.
7. Default and Termination. You will be deemed in default on your loan (each, an "Event of Default") if you: (1) fail to pay timely any amount due on your loan; (2) file or have instituted against you any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (3) die; (4) commit fraud or make any material misrepresentation in this Agreement, the Note, or any other documents, applications or related materials delivered to us in connection with your loan; or (5) fail to abide by the terms of this Agreement. Upon the occurrence of an Event of Default, we may exercise all remedies available to us under applicable law, this Agreement, and the Note, including without limitation (1) demand that you immediately pay all amounts owed on your loan, (2) terminate this Agreement or (3) disclose your verification information to the lenders. Any loans you obtain prior to the effective date of termination resulting from listings you placed on the Site shall remain in full force and effect in accordance with their terms.
8. Collection & Reporting of Delinquent Loans. We reserve the right to report loan payment delinquencies at or in excess of 30 days to one or more consumer reporting agencies in accordance with applicable law. You agree to pay all costs of collecting any delinquent payments, including reasonable attorneys' fees, as permitted by applicable law.
TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
9. Assignment of Your Loan. Following the closing of your loan you hereby agree that we may, without notice to you, (i) assign all of our right, title and interest in this Agreement to BitLendingClub and (ii) assign your Note(s) to BitLendingClub. You understand, acknowledge and agree that BitLendingClub may sell, assign or transfer your Note(s) and all associated documents and information related to the Note without your consent or notice to you.
10. NO GUARANTEE. WE DO NOT WARRANT OR GUARANTEE (1) THAT YOUR LOAN REQUEST WILL BE FUNDED, OR (2) THAT YOU WILL RECEIVE A LOAN AS A RESULT OF POSTING A REQUEST.
11. Entire Agreement. This Agreement and any Note represents the entire agreement between you and us regarding the subject matter hereof and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us with respect to your loan request and loan.
13. Notices. All notices and other communications to you hereunder may be given by email to your registered email address or posted on the Site, and shall be deemed to have been duly given and effective upon transmission. You acknowledge that you have sole access to such email account and your area on the Site and that communications from us may contain sensitive, confidential, and collections-related communications. If your registered email address changes, you must notify BitLendingClub of the change by sending an email to email@example.com. You also agree to update your registered residence address and telephone number on the Site if they change.
14. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY.
16. Miscellaneous. The parties acknowledge that there are no third party beneficiaries to this Agreement. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this section 16 shall be null and void. Any waiver of a breach of any provision of this Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of this Agreement will not constitute a waiver of such term or condition. If at any time after the date of this Agreement, any of the provisions of this Agreement shall be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality and unenforceability of such provision shall have no effect upon and shall not impair the enforceability of any other provisions of this Agreement. The headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement in any way.
17. Dispute Resolution; Arbitration. In the event of any dispute relating to the breach, interpretation or enforcement of this Agreement or the terms of any Note(s), you agree that such dispute shall be resolved exclusively by submitting such dispute for binding arbitration. Any award entered by this arbitration shall be binding on the parties.
Borrower name and address: ______________________________________________ (not visible to investors)
For value received, I ("Borrower") promise to pay to the order of BitLendingClub or any subsequent holder ("you" or "Lenders") of this Promissory Note (the "Note") the principal sum of ________________ (_________) Bitcoins with interest as set forth below. I intend to be legally bound by this Note. I have read, understood, and agreed to all of the terms of this Note.
Interest. This Note bears interest during the term of the loan from the date hereof until paid, at a fixed rate of ______ (%). The interest is applied towards the remaining principal amount upon each payment.
Payments. Principal and interest is to be paid during and throughout the period of ________ days in the following manner:
Payments of principal and interest in the amount of ________________ (______) Bitcoins are to be made by the Borrower to the Lender commencing _____________, 20_, until __________, 20__, when the full amount of unpaid principal, together with unpaid accrued interest is due and payable. The last payment might be of a slightly different amount to adjust for rounding.
Borrower authorizes Lender to debit Borrower's designated BitLendingClub account via a Bitcoin transfer for the amount of each payment due on each due date. The Borrower promises to have a sufficient balance in the Borrower's designated BitLendingClub account in order to be able to allow the withdrawal. This authorization does not affect Borrower's obligations to pay when due all amounts payable under this Note, whether or not there are sufficient funds therefore in such accounts. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff Lender may have. All payments are to be applied first to the payment of all fees, expenses and other amounts due to Lender (excluding principal and interest), then to accrued interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default (as defined below), payments will be applied to Borrower's obligations as Lender determines in its sole discretion.Fees and Charges. The BitLendingClub fees are set based on the credit rating, starting at 1% for A-rated loans and increasing by 1% for each drop in credit rating, up to 5% for E rated loans. The maximum BitLendingClub fee is capped at the the corresponding fee up to $100,000 USD. The fee is collected upon the receipt of a payment from you, the Borrower. The fee is owed in addition to the principal and interest owned by Borrower. If Borrower's payment is more than 15 days late, Lender may charge a late fee as specified by the loan terms. We will charge only one late fee on each late payment. Borrower may make any payment early, in whole or in part, without penalty or premium at any time. Any partial prepayment is to be applied against the principal amount outstanding and does not postpone the due date of any subsequent installments, unless Lender otherwise agrees in writing. If Borrower prepays this Note in part, Borrower agrees to continue to make regularly scheduled payments until all amounts due under this Note are paid. Lender may accept late payments or partial payments, even though marked "paid in full", without losing any rights under this Note.
Use of Funds. Borrower certifies that the proceeds of the loan will not be used to fund any illegal activity.
Default. Borrower will be deemed in default (each, an "Event of Default") of Borrower's obligations under this Note if Borrower: (i) fails to pay timely any amount due under this Note; (ii) files or has instituted against Borrower any bankruptcy or insolvency proceedings or makes any assignment for the benefit of creditors; (iii) dies; (iv) commits fraud or makes any material misrepresentation in this Note; or (v) fails to abide by the terms of this Note. Upon the occurrence of an Event of Default, Lender may exercise all remedies available to it under applicable law, including demand upon Borrower to immediately pay all amounts due under this Note. Lender reserves the right to report loan payment delinquencies of 30 days or longer to one or more consumer reporting agencies in accordance with applicable law. Borrower agrees to pay all costs of collecting any delinquent payments, including reasonable attorneys' fees, as permitted by applicable law.
Miscellaneous. The terms of this note are not subject to negotiation. Notwithstanding the foregoing, Lender may assign this Note, including without limitation, to BitLendingClub Inc., without notice to Borrower. Borrower may not assign this Note without the prior written consent of Lender. This Note inures to the successors, permitted assigns, heirs and representatives of Borrower and Lender.
Borrower hereby waives demand, notice of non-payment, protest, and all other notices or demands whatsoever, and hereby consents that without notice to and without releasing the liability of any party, the obligations evidenced by this Note may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled or released by Lender.
Any changes to this Note must be in writing signed by Borrower and Lender. Notices will be mailed electronically to the addresses provided.
In the event of any dispute relating to the breach, interpretation or enforcement of this Agreement or the terms of any Note(s), you agree that such dispute shall be resolved exclusively by submitting such dispute for binding arbitration. Any award entered by this arbitration shall be binding on the parties.
Controlling Law.The unenforceability of any provision of this Note shall not affect the enforceability or validity of any other provision of this Note.
SCREEN NAME OF BORROWER
BY: BitLendingClub OOD
ATTORNEY-IN-FACT FOR BORROWER