1. Parties and Definitions:TThis Provider Agreement (“Agreement”) is entered into between the service provider, merchant, agency, or organization (“Provider”) offering products or services to consumers (“Services”) and BailRep, LLC (“BailRep”), a technology company that provides a financing access platform (“Platform”) enabling consumers to obtain financing from third-party lending partners (“Lenders”). Provider desires to offer Financing options to its customers through the BailRep Platform.
2. Agreement:This Agreement outlines the terms under which BailRep will provide access to financing options for Provider’s customers (“Customers”) through the Platform.
3. Provider Appointment:During the term of this Agreement, BailRep appoints Provider as a non-exclusive participant in the BailRep financing Program. Provider will direct Customers to the BailRep Platform to apply for financing products offered by Lenders. Provider is not authorized to make credit decisions or represent itself as a lender.
4. Services:Both parties agree to perform the responsibilities necessary to deliver financing access through the Program. The Program features, responsibilities, and operating terms are described in the Terms & Conditions posted on BailRep’s website (as updated from time to time). Continued use of the Platform constitutes acceptance of updated Terms & Conditions.
5. Term and Termination:The Agreement is effective for one (1) month and automatically renews monthly unless terminated by either party with 30 days’ notice. Provider acknowledges that platform fees are billed in arrears. Termination must follow the Terms & Conditions in place at the time of notice.
6. Entire AgreementThis Agreement, including all Terms & Conditions and any addenda, constitutes the full understanding between Provider and BailRep. It supersedes all prior oral or written communications related to the Program.
7. Authority to Execute Agreement:The individual executing this Agreement on behalf of Provider warrants that they are duly authorized to bind Provider to this Agreement.
8. Program Features and Platform Fee:Provider agrees to the following fee schedule:
• Loan Fee: 0% per funded transaction
• Monthly Minimum: Greater of $0.00 or 0% of Provider transactions
• Platform Access Fee: $137 per month (minimum)
• Setup Cost: $0 (Free)
• Submission Limits: Unlimited
• Customer Products: Term loan products ranging from 12 to 96 months (subject to lender availability)
9. Marketing Authorization:Provider authorizes BailRep to coordinate with Provider’s marketing vendors, agencies, or internal teams for purposes of supporting Program-related communications.
10. Provider Responsibilities (Verification Requirements):Provider is solely responsible for confirming Customer identity and accuracy of submitted information, including government-issued ID, employment details, and bank account information. Provider must retain proof of verification. Lenders may decline financing if information cannot be validated.
11. Indemnification:Provider agrees to indemnify and hold BailRep harmless from any losses, claims, or damages arising from Provider’s negligence, misconduct, or failure to fulfill its responsibilities under this Agreement.
12. Governing Law & Jurisdiction:This Agreement is governed by the laws of the State of Colorado. Both parties agree to the exclusive jurisdiction of Wyoming courts for disputes not resolved through mediation or arbitration.
13. Severability:If any provision is found unenforceable, the remaining provisions remain in effect.
14. Mediation:Any unresolved dispute must first be submitted to mediation within 15 days of request. Mediation must be completed within 10 days thereafter. Costs are shared equally.
15. Arbitration:If mediation fails, disputes will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, conducted confidentially in Wyoming.
16. Attorneys’ Fees:The prevailing party in any legal or arbitration proceeding may recover reasonable attorneys’ fees and costs.
17. Updated Terms:Provider will be notified of major updates and may be required to re-sign digitally. Continued use of the Platform after updates constitutes acceptance.
18. No Waiver:Failure to enforce any provision does not constitute a waiver of rights.
19. Notices. Notices must be delivered to the parties using the contact details provided.
Notice to BailRep may be delivered to the following addresses or to such other addresses as BailRep may designate in a notice to Provider:
BailRep, LLC
Attn: Legal Department
30 N Gould St
Sheriden, WY 82801info@bailrep.com
Electronic Consent, E-Sign, and Disclosure Section: You may not apply online unless you accept these disclosures and information electronically. Please read this information thoroughly and print a copy and/or retain this information electronically for your records.
From time to time, we may be required by law to provide certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically that pertain to all products offered via the BailRep platform including but not limited to: the Lending partner’s installment loans ("Installment Loans"). Please read the information below carefully and if you can access this information electronically and agree to these terms and conditions, please confirm your agreement by clicking "Submit Application."
By consenting to electronic disclosures, you are: • Agreeing to receive electronically any state or federal disclosures, notifications and communication in connection with the platform; • Consenting to and acknowledging that you have read, understand and agree to be bound by the following terms and conditions.
By clicking the "Submit Application" button, you agree to: • Receive, access and retain electronic disclosures. That you meet the hardware and software requirements listed below, including the ability to receive and read emails and log into https://app.bailrep.com/login.php. • Agree to download or print the disclosures for your records. • Acknowledge that you are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that this statute applies to the fullest extent possible.
Access Requirements: To access and retain electronic disclosures, you will need a desktop or laptop personal computer that has access to the internet. Compatible operating systems including recent versions of Windows and macOS. You must have a web browser that at a minimum supports 128-bit encryption. Such web browsers include the most recent versions of Internet Explorer, Chrome, Firefox, or Safari. You must also have an email account and related software capable of receiving emails through the internet. In order to access the disclosures, you must have an updated version of Adobe Reader and maintain an accurate email address. You must also have a compatible printer connected to your computer if you wish to print copies of such documents, or available storage space on your computer to retain a copy of the file.
Additional Mobile Technology Requirements: If you are accessing the BailRep website from a mobile device (such as a smart phone, tablet, or similar device), in addition to the above requirements you must make sure that you have the latest device operating system (e.g., the latest version of iOS or Android OS) and the ability to save or print your loan documents in PDF format on a mobile device. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
If there is a change in the hardware/software requirements associated with this service that creates a material risk that you will not be able to access electronic disclosures, we will notify you, provide an explanation of the updated hardware/software requirements, and allow you the opportunity to withdraw consent for continued electronic delivery. It is your responsibility to ensure that your hardware and software continue to meet the disclosed hardware and software requirements and electronically save or print copies of any documents delivered electronically that you wish to retain in paper form. You agree to notify us if you are unable to access any of the information provided by us electronically.
Right to Receive Paper Statements and Other Records and Information: We reserve the right to communicate with you in writing using the U.S. Postal Service, no matter what option you have chosen. For accounts that are in default or subject to the automatic stay in bankruptcy, we may, at our sole option, elect to discontinue delivering electronic disclosures and E-statements.
For Partners: At any time, you may request paper copies of any record made available to you electronically. To request a paper copy, please call us at (844) 692-2457.
Withdrawing Consent to Receive Electronic Disclosures: You have the right to withdraw your consent to receive electronic disclosures at any time and choose to receive paper disclosures in lieu of electronic disclosures, including any billing statement on an ongoing basis.
For Platform customers: To withdraw your consent, you may contact us via telephone at (844) 692-2457 or through email at info@bailrep.com. You may also reach us at BailRep, 30 N Gould St, Sheriden, WY 82801. If you withdraw your consent in writing, you must provide us with your full name, US postal address, account number and telephone number.
Accurate Email Address Required: You must also maintain a valid and active e-mail address. If at any time your email address changes you must notify us immediately. We will send you an email notification at your last email address of record when your E-statement is available. If we send you email notification and it is returned to us as undeliverable, we may attempt to contact you and ask that you update your email address.
For Partners: you may update this information by emailing us at info@bailrep.com.
Discontinuation of Electronic Disclosures: We reserve the right to terminate the delivery of electronic disclosures in whole or in part at any time without prior notice except as required by law.
Your Computer Equipment or Software. : We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment. You understand that the information you have elected to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically nor any damages caused by unauthorized access. We are not responsible for delays in the transmission of any information. We are not responsible for any computer virus or related problems.
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