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WLV VR Z7 UK3 NBJ 8 G MFEjng
WLV VR Z7 UK3 NBJ 8 G MFEjng
This Multipurpose Financing Agreement for Purchase with Installment Payment (“Agreement”) is
made and entered into on the date specified in section [1] of the Schedule by and between:
The Lender and Borrower shall individually be referred to as a “Party” and, collectively, the
“Parties”.
1. Financing
The Lender agrees to extend to the Borrower the Financing Amount according to the Purpose. The
Borrower agrees and authorizes the Lender to disburse the Financing Amount directly to the
Merchant’s bank account (specified in section [5] of the Schedule) in fulfilment of the Purpose,
subject to any commercial terms to be separately agreed between the Lender and Merchant. The
Borrower agrees and acknowledges that the date of the Lender disbursing the Financing Amount
to the Merchant (“Utilization Date”), disregarding when the Merchant receives such amount, would
be the date the Financing is utilized, subject to any applicable Interest, Late Fees and charges set
out in the Schedule.
1.1 The Period cannot be extended by a Party without prior written consent of both Parties.
1.2 Should the Period (and its extention) cease and the Borrower has not repaid all his/her
obligation to the Lender; therefore, the provisions of this Agreement shall remain in effect and bind
the Parties until all obligations of the Borrower have been fulfilled.
1.3 The Borrower shall repay the Lender for the Financing Amount in accordance with the
payment schedule specified in section [6] of the Schedule (“Payment Schedule and each payment
date within the Payment Schedule, a “Payment Date”).
1.4 Any and all payments to be made by the Borrower in connection with this Agreement shall be
made exclusively to the bank account and through the repayment method specified in section [7]
of the Schedule (“Repayment Method”). Any payment made by the Borrower that is not done via
the Repayment Method shall not be recognized by the Lender, unless prior written consent from
the Lender has been obtained.
1.5 The Financing Amount may include a principal amount to be disbursed the Lender for
the Purpose (“Principal Financing Amount”), Interest (as defined below), Late Fee (as defined
below), and other fees, if any. The Borrower shall pay such processing fee with the detailed
amount as may be provided under section [10] Schedule 1 ("Processing Fee"), which will be
calculated from the Financing Amount, and shall be paid by the Borrower along with repayment of
the Financing Amount in accordance with each Payment Schedule.
1.6 The Borrower shall pay interest specified in section [8] of the Schedule (“Interest”) on the
Principal Financing Amount for the Period, which shall start on the Utilization Date, until all
outstanding amount owed by the Borrower to the Lender is fully repaid and discharged. In
addition, in the event that a full payment is not made by the Borrower in compliance with the
Payment Schedule, the Lender shall be entitled to charge the Borrower the late fee(s) specified in
section [9] of the Schedule (“Late Fee”), and other fees as specified under the Schedule, if any.
1.7 If the Borrower pays more than the amount due under the Payment Schedule, the Lender shall
have the right to elect to apply the excess payment to the next Payment Date or any such other
amount due. If there are no other amounts due from the Borrower, the Lender shall return
the excess payment to the Borrower within fifteen (15) business days of it being notified of the
excess payment by the Borrower. For the avoidance of doubt, the Borrower may elect at any time
to partially or fully prepay the Financing Amount at no additional cost or charge to the Borrower.
1.8 The Lender may determine the payment hierarchy of any payment made by the Borrower. The
payment hierarchy that may be prescribed by the Lender shall be as follows :
(i) Principal Financing Amount;
(ii) Interest (if any);
(iii) Late Fee (if any); and/or
(iv) other fees (if any).
1.9 In the event of a discrepancy between the amount of repayment as stated under the Payment
Schedule of this Agreement, with the amount as stated in the repayment amount under any third
party platform in cooperation with the Lender, therefore the repayment amount as stated under
such platform shall be applicable.
1.10 All payments from the Borrower based on this Agreement will be in accordance with the
Repayment Method provided in the Payment Schedule. The Borrower therefore hereby expressly
consent to, authorize and instruct the Lender and/or any third party payment processors or
providers the Lender appoints, to initiate recurring debit card, or credit card and/or other types of
payments as the Repayment Method for the purposes of repayment on the due dates set out in
the Payment Schedule.
1.11 The Borrower acknowledges that it is providing the Lender and/or any third party payment
processors or providers the Lender appoints, the ability to collect or reverse variable payment
amounts from or to the Borrower’s Repayment Method, in accordance with the Payment Schedule
and the terms of this Agreement.
1.12 If the Borrower is subject to outstanding payments which are passed due the Payment
Schedule, the Borrower hereby expressly consent to, authorize and instruct the Lender and/or any
third party payment processors or providers the Lender appoints, to initiate the Repayment
Method and/or any other designated debit card or credit card to collect the total of any missed
payments of the Borrower at any time after the Payment Schedule. The Borrower agrees that the
Lender may appoint third party collection agencies to collect any amounts owing to the Lender
under this Agreement without further notice to the Borrower.
1.13 The Borrower acknowledges that if he/she requires an official receipt in relation to
Financing Amount from the Lender, Borrower may collect the official receipt at Lender's
address as stated in Schedule 1 below
2.1 The Borrower has full legal capacity to enter into, and freely and voluntarily enters into this
Agreement, and undertakes the obligations under the Agreement;
2.2 The Agreement shall be valid and binding upon the Borrower and enforceable in accordance
with its terms and conditions, and the execution and delivery of this Agreement by the Borrower or
the implementation or compliance with any obligations under this Agreement does not or shall not
contravene any laws, court decision or legally binding documents that binds the Borrower;
2.3 The Borrower is entering into the Agreement for his/her own account and not on behalf of
another person;
2.4 All of the Borrower’s Financings or indebtedness with the Lender and other third party lenders
(including but not limited to banks, financing companies, lending companies, financial technology
entities and credit card companies) (“Third Party Lenders”) are updated and not delinquent or past
due;
2.5 The Borrower has no threatened, pending or ongoing litigation, claim or action against the
Lender and other Third Party Lenders; and
2.6 All documents and information (whether in written or oral form) presented, communicated
and/or submitted by the Borrower to the Lender in relation to the Agreement are true, current,
accurate and authentic, and may be relied upon by the Lender.
2.7 Any use of electronic signature by the Borrower in the Agreement and all documents forming
a part thereto shall be valid, true, in accordance with the prevailing laws and regulations, and may
be used as valid evidence in any court in the event of a dispute between the Parties.
3. Covenants
As long as any part of the Financing Amount or any other fees, charges, or amounts owing under
the Agreement remain outstanding and unpaid, the Borrower shall:
3.1 Promptly perform all of the Borrower’s obligations under the Agreement, including without
limitation the payment of amounts due under the Agreement;
3.2 Promptly submit and provide to the Lender all documents and information, execute and
deliver such other instruments and documents, and perform or refrain from performing any such
other acts, as may be required by the Lender, whether for compliance with government
regulations or the Lender’s own policies;
3.3 Immediately notify the Lender of any change in the Borrower’s contact details and address;
and
3.4 Hold the Lender free and harmless against any and all claims arising from the use of the
proceeds of the Financing Amount.
4. Events of Default
4.1 Each of the following events constitutes an event of default (“Event of Default”):
a. The Borrower breaches or otherwise fails to promptly and fully perform any of his/her
obligations under this Agreement, including the Borrower’s failure to pay his/her obligations under
this Agreement;
b. The Borrower breaches any of his/her representations, warranties, or covenants;
c. The Borrower breaches the terms and conditions set out at ______________________ governing
his/her use of the Atome platform;
d. The Borrower is in default in respect of any other facility or indebtedness granted by the
Lender or other Third Party Lenders;
e. Any event which, in the reasonable opinion of the Lender, would result in the likelihood that any
of the Borrower’s obligations under the Agreement will not be performed or fulfilled, such as, but
without being limited to, the death or incapacity of the Borrower, pending or actual insolvency
(including, but not limited to, the filing of a petition for the suspension of payments, and voluntary
or involuntary insolvency by or against the Borrower); or
f. Any change in law or regulation that affects the validity or enforceability of this Agreement.
4.2 Upon the occurrence of an Event of Default, the Lender may, at its sole discretion, after
providing a written warning to the Borrower, and without limiting the Lender’s rights under
applicable law or under the Agreement:
a. Take such action and exercise such remedies in order to protect and enforce its rights under
this Agreement;
b. Declare the Financing Amount owed by the Borrower to the Lender, including all Financing
installment amounts, charges, fees, penalties and interest accrued and unpaid thereon, to be
immediately due and payable, without need of presentment, demand, protest or further notice of
any kind, all of which are herein expressly and specifically waived by the Borrower;
c. Impose and collect any and all fees, charges and penalties in this Agreement;
d. Impose and recover from the Borrower the attorney’s fees, litigation expenses and all other fees
and costs incurred in connection with enforcing the Borrower’s obligations under this Agreement;
and
e. transfer or assign any of its right and obligations hereunder to any person, company or entity,
upon notice to Borrower, without the need of the Borrower’s consent, but which consent the
Borrower hereby expressly provides. The Borrower shall be bound to fulfill and perform all his
obligations to such transferee or assignee, including the payment of the unpaid Financing
Amount, charges, fees and penalties, as may be applicable.
5. Collection and Processing of Information
5.1 The Borrower expressly consents to the collection, use, storage, disclosure, updating and
processing by the Lender of any information provided by the Borrower or by whatever source
in relation to or in connection with the Borrower’s obtaining of the Financing Amount from the
Lender under this Agreement, including any information provided arising from a prior transaction
with the Lender.
5.2 The Borrower expressly consents to the Lender obtaining and extracting data from the
Borrower-provided information (including but not limited to Full Name, Mobile Number, Email,
Date of Birth, Gender, Marital Status, Dependents, Education, Work History, Address, ID
information, Character Reference, Facial Information, Bank Account), for the following purposes
which include but are not limited to: verifying Borrower credit risk, analyzing and studying
Borrower behavior, administering and enforcing Borrower’s obligations (specifically collections)
under this Agreement, marketing and advertising, and engaging with customer service.
5.3 The Borrower expressly consents to the collection and processing of personal information
about and/or relating to Borrower and to the transfer of such information to third parties,
including without limitation, any of the Lender’s affiliates, subsidiaries, subcontractors, third party
collection agencies, credit bureaus, government agencies as well as to the Lender’s assignee in
the event of a transfer of its business enterprise or a transfer or assignment of this Agreement to
such assignee.
5.4 The Borrower expressly consents to and authorizes the Lender for the purpose of
conducting its credit adjudication, credit billing and collection activities: (i) to obtain pertinent
credit and personal information of the Borrower from the Borrower’s employer, banks, credit card
companies, and other financial institutions; and (ii) to process and acquire information about the
Borrower from all relevant sources such as mobile phone, customer service, social media and
other third parties. The Borrower agrees and authorizes the above-named parties to release any
and all such information to the Lender.
6. Transfer and Assignment
6.1 The Lender may at its discretion transfer or assign (and the Borrower consents to such
transfer or assignment) this Agreement, any of its rights and obligations hereunder, to any person,
company or entity. The Borrower shall be bound to fulfil and perform all of the Borrower’s
obligations to such transferee or assignee, including the payment of the Financing Amount in
accordance with the Payment Schedule, as if such buyer, transferee or assignee was the original
lender.
6.2 The Borrower shall not, without the express written consent of the Lender, transfer or assign
any of his rights and obligations hereunder.
7. Miscellaneous
7.1 Taxes: All payments due to the Lender, whether of principal, interest, fees, penalties or
otherwise, shall be made without set-off or counterclaim, free and clear of, and without deduction
or withholding for or on account of, any taxes, including stamp tax, withholding tax and/or
value-added tax. If the Borrower shall be required by any law or regulation to make any deduction
or withholding in respect of taxes from any payment hereunder, the sum payable by the Borrower
shall be increased as will result in the receipt by the Lender, after such deduction or withholding,
of the amount that would have been received if such deduction or withholding had not been
required.
7.2 No Waiver: No failure, omission or delay on the part of the Lender in exercising any right or
power under this Agreement shall operate as a waiver thereof, nor shall any single or partial
exercise of any such right or power preclude any further exercise thereof. Acceptance by the
Lender of any payment after its due date or after an Event of Default has occurred or after legal
proceedings have been commenced against the Borrower shall not constitute an extension of
time for payment or a modification or novation of the terms of this Agreement or in any way
prejudicial to the Lender
7.3 Termination: The Lender may terminate this Agreement at its own discretion. A Borrower may
not terminate this Agreement if:
i. the Borrower still owes any instalment payments under the Financing.
ii. the Borrower is subject to an investigation; and/or
iii. there is an outstanding dispute between the Borrower and the Lender in relation to the
Financing.
7.4 Force Majeure: Neither Party shall be liable for any unforeseeable event beyond its
reasonable control not caused by the fault or negligence of such Party, which prevents such Party
from performing its obligations under this Agreement and which it has been unable to overcome
by the exercise of due diligence (“Force Majeure Event”), including, but not limited to: flood,
drought, earthquake, storm, fire, pestilence, lightning and other natural catastrophes, epidemic,
war, riot, civil disturbance or disobedience, strikes, labor dispute, or failure, threat of failure, or
sabotage of facilities, or any order or injunction made by a court or government institution. In case
of the occurrence of a Force Majeure Event, the Party unable to perform its obligations shall
promptly notify the other Party. It shall further use its best efforts to resume performance as
quickly as possible and may suspend performance only for such period of time as is
necessary as a result of the Force Majeure Event. The Parties agree that the COVID-19 pandemic
shall not constitute a Force Majeure Event.
7.5 Entries in the Lender’s Accounts: In any dispute arising out of or in connection with the
Agreement, the entries made in the accounts maintained by, and the records of, the Lender are
prima facie evidence of the matters to which they relate, absent any manifest error.
7.6 Severability: If any provision of the Agreement is held to be invalid, illegal, or unenforceable
under any applicable law or regulation, such invalidity, illegality, or unenforceability shall not affect
any other provision of the Agreement. The Agreement shall be reformed, construed, and enforced
to the fullest extent possible as if such invalid, illegal, or unenforceable provision had never been
included.
7.7 Notices: All notices, demands, or other communications shall be given or made to the address
and/or email address set out against the names of the Borrower and the Lender respectively in
the Schedule. The Lender may also make general announcements through its website, the
application, social media and other authorized channels (belonging to it or another party it
appoints).
7.9 Amendments: No amendments or variation of this Agreement shall be valid or effective unless
made in writing and signed by the Parties.
7.10 Counterparts: This Agreement may be executed in one or more counterparts all of which
taken together shall be deemed to constitute one and the same instrument.
7.11 Governing Law: This Agreement is governed by and construed in accordance with the laws
of the Republic of the Philippines.
7.12 Effort for Resolution through Mediation Board: Any disputes arising from this Agreement
must, if possible, be resolved through amicable discussions and in a spirit of cooperation. If an
amicable resolution cannot be achieved within 30 calendar days from the date the dispute arises
("First Grace Period"), the Parties agree to settle the dispute through mediation through the
Philippine Courts, within a maximum period of 30 calendar days from the end of the First Grace
Period or any other period agreed upon by the Parties, if applicable (hereinafter referred to as the
"Second Grace Period").
7.13 Dispute Resolution Forum: If the mediation efforts through the Phiilippine courts do
not reach a settlement agreement within the Second Grace Period, the Parties agree to resolve
the dispute by resorting to the jurisdiction of the courts of Pasig City, Philippines.
Thus, this Agreement was made by the Parties, held in the Philippines, on the date, month and
year as stated above. Each Party has read and understood the entire contents of this Agreement
and this Agreement consists of two (2) original copies which are equally pronounced and have the
same legal force and proof.
LENDER
BORROWER
THE SCHEDULE
No. Items Particulars
1. Date of the
Agreement 16/09/2024
2. The Lender
Address: Unit 1005 Centerpoint Bldg. Julia Vargas Ave. Cor. Garnet
Rd. Ortigas Center, San Antonio, Pasig City
3. The Borrower
Address:
1910 G Perfecto Street, Tondo, Manila
Period 2MONTHS
Principal
1st57.75,2nd57.75
Interest Component
1st6.35,2nd6.35
Payment Date
1st:15/10/2024,2nd:15/11/2024
7. Repayment Method
Repayment will be made to the following bank account.
Beneficiary Name: Apaylater Philippines Inc
Beneficiary Bank: UnionBank of the Philippines
Beneficiary Bank Account Number: 00-091-003271-3
Beneficiary Bank SWIFT/BIC Code: UBPHPHMM
Beneficiary Bank Address: UnionBank Plaza Bldg., Meralco Ave. corner Onyx St., Ortigas
Center, Pasig City, Philippines
8. Interest
0.055