Credit Policy

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Credit Policy
Enactment Date: 01,01,2022

This agreement (the "Agreement") is between you (hereinafter "you", "Customer", or "Client") and Esoteric Awakenings. ("Esoteric Awakenings," "we," "us," or "our") and applies to your use of this website and it's services, Including the Content (The "Website").

This Agreement includes the Terms and Conditions below, together with the additional Terms. Please read all of these terms carefully before accepting this agreement and using this website. If you do not agree to this Agreement, do not use this website and immediately navigate away from it.

If you are under the age of 18 (or the age of majority where you live), your must immediately stop using this website and cease any access to this website.

This Agreement

NOTE: TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 6 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY "CLAIM" (AS DEFINED IN SECTION 6) BETWEEN YOU AND ESOTERIC AWAKENINGS. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION PROVIDED THAT YOU FOLLOW THE PROCEDURE SET FORTH IN SECTION 6 WHICH, AMONG OTHER THINGS, REQUIRES YOU TO ESTABLISH AN ACCOUNT.

1. Definitions

 

For the purposes of this Agreement, the following terms shall have the following definitions:

• "Additional Terms" means the terms we reference or link to within this agreement, including, without limitation, those set for at the end of this Agreement;
• "Arrears" collectively refers to the status of any payment('s) in relation to their due date('s), or to describe an obligation or liability that has not received payment by its due date. Therefore, the term arrears applies to any overdue payment.
• "Delinquent" collectively refers to Delinquent debt and means a debt that has not been paid by the date specified in the agency's initial written demand for payment or applicable agreement or instrument (including a post-delinquency payment agreement) unless other satisfactory payment arrangements have been made.
• "Default" means failure to fulfill an obligation, to repay a debt by the agreed upon date.

2. Credit Policy Purpose

2.1 This policy outlines the requirements Granting Credit to qualifying clients of Esoteric Awakenings and monitoring that credit thereafter,  establishing payment terms with Esoteric Awakenings customers, as well as the monitoring of those terms. The policy also notes alternatives to be made available to those customers that do not qualify for company credit and how credit for existing customers may be modified and who at Esoteric Awakenings can issue or modify credit. This policy is valid for all United States sales but excludes public sector clients.

3. Credit Policy Scope

3.1 This policy applies to all sales made within the United States, excluding sales to the federal government and state governments.

4. Credit Policy Main Body

4.1 Esoteric Awakenings will extend credit to qualified customers if they meet its threshold criteria for the granting of credit. The basic form of credit is a maximum credit of $10,000.00 with, 24.90% APR to 29.90% APR applied to each monthly payment. No security interest will be required to qualify for credit with Esoteric Awakenings. The maximum credit can be expanded with the approval of the credit manager.

4.2 In situations where a customer's ability to repay is in question, a personal, corporate, or bank guarantee may be required. All terms are net 60 days, with no exceptions. Any late payments will incur a penalty with a maximum of $49.00 per month until the outstanding balance is paid in full, this includes all penalties incurred during the subsequent period.

4.3 The credit department will review any new credit applications of all new customers to determine their worthiness to receive credit, and the amount of that credit. The credit level may be reduced and may be lower than the maximum if the customers credit report reveals a low credit score, if the customers credit histories of five years or less, or if its current ratio is less than 1:1. Likewise, a current account with credit in its name may have its credit modified if credit department review determines this need.

4.4 The credit department will periodically review the repayment history of existing customers to determine whether their existing credit levels are reasonable, or need to be revised. This review shall also be conducted whenever business conditions warrant a general retraction or expansion of credit levels.

4.5 The terms of sale offered to customers are standardized according to Esoteric Awakening's existing current sales programs and promotions. The credit department will adjust standard terms of sale to maximize sales outcomes, though such changes require the approval of the credit manager. The basic underlying sales terms offered to customers is net 60 days.

5. Credit Policy Responsibility

5.1 The Esoteric Awakenings credit manager is authorized to extend credit to customers, has the sole authority to approve the issuing of credit to customers, and to communicate with them regarding their credit status. The remainder of the credit staff is tasked solely with instructing customers regarding their payment responsibilities.

6. Delinquency, Arrears, & Default

6.1 All payments are due on the 1st of the month. Payments are late as of the 5th of the month and the account is considered arrears. The first penalty for late payment will be charged to the customers credit account at midnight on the 5th day of the month. Late fees & Penalties are not exempt from interest and will be considered part of the standard balance, and charged interest at the standard rate between 24.90% APR to 29.90% APR. Once an account is delinquent the customers access to the credit will be placed on hold resulting in a decline to pay for or fund services.

6.2 Should an account remain delinquent, or arrears for more than 30 days a notice will be issued to the customer requesting payment on the account be made in a timely fashion.

6.3 Should an account remain delinquent, or arrears for more than 60 days an additional penalty of $49.00 will be added to the credit account and a notice will be issued to the customer requesting payment of the account in full, as well as to let the customer know that the account is at risk of being closed. At this time Esoteric Awakenings may also choose to inform the customer of the possibility that the account will be sent to collections, or of Esoteric Awakenings intent to pursue legal action against the client to recover any losses that Esoteric Awakenings has suffered as a result of the account being delinquent.

6.4 Should an account remain delinquent, or arrears for 90 days an additional penalty of $49.00 will be added to the credit account and Esoteric Awakenings will close the account. At this time Esoteric Awakenings will begin the process of seeking a judgement against the customer for the purpose of submitting the customers delinquent, or arrears credit account to any collection agency, or agencies of Esoteric Awakenings choosing.

6.5 In the event that the customer fails to make arrangements for repayment of the credit account within 90 days the customer thereby defaults on the credit account. Should a customer default on the credit account Esoteric Awakenings will add an additional penalty of 40% of the total account balance including Late fees and other penalties to the total account balance prior to seeking a judgment or sending the account to collections.

7. Interest Rates and Interest Charges, Terms and Conditions.

ESOTERIC AWAKENINGS EXECUTIVE MEMBER CREDIT ACCOUNT

TERMS AND CONDITIONS

7.1 These terms and conditions supplement your Esoteric Awakenings Executive Member Credit Account Holder Agreement (“Account holder Agreement”) and describe how the Esoteric Awakenings Executive Member Credit Account Holder program works. Subject to the terms below, you will earn Esoteric Coins based on your Purchase and Payment activity. By using your Account, you agree to these terms and conditions. Any words or phrases used herein and not otherwise defined will have the meaning specified in the Glossary section of your Account holder Agreement.

7.2 Esoteric Awakenings retains the right to determine your eligibility and your right to continue to participate in the Esoteric Coins Loyalty Rewards program. Esoteric Awakenings decisions are final.

Earning Your Esoteric Coins.

7.3 Purchases: You will earn an amount of Esoteric Coins equal to $0.20 of each dollar ($1.00) that you charge to your Esoteric Awakenings Executive Member Credit Account, when you make a purchase from Esoteric Awakenings, less any credits, returns and adjustments. For example, for every $1000.00 of Purchases you make, you will earn $200.00 in Esoteric Coins. Esoteric Coins have no actual cash value and can not be traded for cash. Esoteric Coins are only redeemable at Esoteric Awakenings website, found at www.esotericawakenings.com

7.4 Late Payments: If you fail to make your payment on time in accordance with the guidelines set forth in this agreement you will forfeit all Esoteric Coins which have not been used and all Esoteric Coins which have been credited to your account and used with be charged to your account at the assumed full value rate of $0.20 per coin. All Esoteric Coins that are charged to your account in this way will be subject to interest charges at the standard rate provided in this agreement.

7.5 You will earn Esoteric Coins so long as your Account is open and in good standing and not subject to a dispute. For example, you will no longer earn Esoteric Coins if your account is voluntarily or involuntarily closed, even if you are still paying off a balance. You will not earn Esoteric Coins or any other rewards while your Account is in a delinquency or default status.

7.6 Your Esoteric Coins will be calculated at the close of each Billing Cycle and payments made on your Account will not reduce the amount of Esoteric Coins earned.

Applying Your Esoteric Coins

7.7 Statement Credit: Qualifying Esoteric Coins amounts will be automatically applied as a credit on your next Billing Cycle Statement once you have accumulated at least $10.00 in Esoteric Coins and credits apply only in increments of $10.00. For example, if in a Billing Cycle you earn less than $10.00 in Esoteric Coins, you will not receive a Statement credit until you have accumulated at least $10.00 in Esoteric Coins. If you earn more than $10.00 in Esoteric Coins but not evenly divided by ten, such as $13.00 in Esoteric Coins, you will receive a Statement credit of $10.00; the $3.00 Esoteric Coins balance will roll forward and may be applied on a future Statement once you have earned $10.00 in Esoteric Coins.

7.8 Esoteric Coins will be applied so long as your account is open and in good standing and not subject to a dispute. However, qualifying Esoteric Coins earned while your Account is in good standing will be applied to your next Statement, even if your Account subsequently becomes delinquent.

7.9 Account Closure: If you close your Account, or we close or suspend your Account other than for fraud, your earned Esoteric Coins will be applied on your next Statement , even if your earned Esoteric Coins are less than $10.00 or in an amount not evenly divided by ten. For example, if you have earned $3.00 in Esoteric Coins (less than a $10.00 increment) at the time you close your Account, this amount will be credited to your balance on your next Statement.

7.10 Adjustments: We will reverse Esoteric Coins credits if there are adjustments to your Account after a Esoteric Coins credit has been applied. For example, if we applied a Esoteric Coins credit for a purchase that was later returned, we will reverse the Esoteric Coins credit that was applied to your Account.

7.11 Minimum Payments: Statement credits will reduce your Account balance but cannot be applied toward your Minimum Payment. You must continue to pay the Minimum Payment regardless of whether Esoteric Coins applies or not.

7.12 Esoteric Coins credits are not your property and are not transferable in any manner, under any circumstances and have no cash value until they are applied to your Account as payment for goods and services on www.esotericawakenings.com.

7.13 Esoteric Awakenings reserve the right to correct the amount of Esoteric Coins applied, without notice to you, if there has been any calculation or processing error. Any error as to the Esoteric Coins program is not a billing error as defined in the Credit Account Holder Agreement.

Other Important Information

7.14 Changes: Esoteric Awakenings may make changes to the Esoteric Coins program and these terms and conditions at any time. Esoteric Awakenings will try to provide you 45 days’ advance notice of material changes however will not guarantee this notice. It is the customer responsibility to preform their own due diligence and to stay current on the terms and conditions of their account.

7.15 Tax Liability: You (The Customer) are responsible for any and all tax liability resulting from the application of Esoteric Coins. If you have questions, consult your tax advisor.

7.16 Termination: We may suspend or terminate the Esoteric Coins program at any time. In the event of termination, no further Esoteric Coins will be earned and Esoteric Awakenings will provide you a credit on your next Statement for any earned Esoteric Coins to the date of program termination.

7.17 How We Calculate Your Balance. We use a method called “average daily balance (including new transactions).” For additional information, see the “Interest Charges” section of the Agreement.

7.18 Billing Rights. Information on your rights to dispute transactions and how to exercise those rights is provided in the “Your Billing Rights” section of this Agreement.

7.19 Prime Rate. Variable APRs are based on the Prime Rate. The APR for Purchases and Cash Advances may vary and will be determined by adding 21.65% - 26.65% to the highest U.S. Prime Rate appearing in the “Money Rates” section of any edition of The Wall Street Journal published on the 25th day of each month If publication is not made on that day, then the Prime Rate on the next business day will be used. If the Prime Rate changes, the new rate will take effect beginning with billing cycles that end on or after the first day of the month after the month in which the Prime Rate changed. The new rate will be applied to all balances on the Account. The APR for all balances is 21.65% - 26.65% plus 3.25% as of 11/01/2020 currently 24.90% - 29.90% (corresponding daily periodic rate from 0.06822% to 0.08192%). The APR may increase or decrease each month if the Prime Rate changes. If the APR increases, you will pay a higher interest charge and may pay a higher minimum payment. The Prime Rate is simply an index and is not the lowest interest rate available.

 

 
Important Information About Credit Reporting

Esoteric Awakenings may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.

State Specific Information

NOTICE FOR CALIFORNIA RESIDENTS: Applicants may, after credit approval, use the credit card account up to its credit limit and be liable for amounts extended under the plan to any joint applicant. If you are married, you may apply for credit in your own name.

NOTICE FOR NEW YORK AND VERMONT RESIDENTS: V.I.P. COM. Esoteric Awakenings may obtain at any time your credit reports, for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report.

NOTICE FOR NEW YORK RESIDENTS: New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-877-226-5697 or http://www.dfs.ny.gov.

NOTICE FOR OHIO RESIDENTS: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers these laws.

NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of any marital agreement, unilateral statement, or court order applying to marital property will adversely affect a creditor’s interests unless prior to the time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If you are married, by submitting your credit application you are confirming that this credit obligation is being incurred in the interest of your marriage and your family. If the credit for which you are applying is granted, you will notify the Credit issuer if you have a spouse who needs to receive notification that credit has been extended to you. All credit is granted and accounts are owned by V.I.P. COM. Esoteric Awakenings.

 
8. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver


PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS.


BY ENTERING INTO THIS AGREEMENT YOU AND ESOTERIC AWAKENINGS EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


a. Please contact us using the method described in Section 8 with any questions or concerns you may have regarding this website. We can typically solve most concerns to our customer's satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this website, it's services, including its formation, enforceability, performance, or breach (each, a "Claim"), with the exception of the matters described in Section 8(c) below, shall be finally settled b binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the "AAA"), excluding any rules of the procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as judgment in any court of the competent jurisdiction. The parties understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted b the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action wavier set forth in the preceding sentence is voice or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set for in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.


b. The files governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1-800-778-7879. To the extent the initial filing fee for the arbitration exceeds the initial filling fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be nonfrivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $5,000.00. The arbitration rules also permit you to recover attorney's fees in certain cases.


c. Section 8(a) does not apply to any Claim (i) in which a part is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) or (ii) that may be brought in small-claims court.


d. 30-Day right to Opt Out. You have the right to opt out of the provisions of this Section 8 by sending written notice of your decision to opt out to the following address: Esoteric Awakenings, P.O. Box 526, Houston, Mo, 65483 within 30 days of viewing this website. You must create an account before opting out. Your notice must include your name, contact information and the email address registered to your Esoteric Awakenings account. If you send this notice including the information required, then Section 8 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 8.

9. Governing Law and Jurisdiction
9.1 Any claim related to Esoteric Awakenings Website shall be governed by the laws of the US without regards to its conflict of law provisions.


9.2 The Laws of the State of Missouri, USA, without regard to its conflict of laws and provisions, governs this Agreement and any dispute of any sort pertaining to this Agreement or this website, it's services, that might arise between you and Esoteric Awakenings.


9.3 If section 8 is held to be invalid or unenforceable, then for any Claims, the parties consent to the exclusive jurisdiction of the courts located in Texas County, Missouri, USA.

10. Contact

10.1 If you wish to contact Esoteric Awakenings concerning this website, you must fill out and send the "contact us" form on the website or such other method provided by Esoteric Awakenings.