1 The Loan
This Agreement is entered into between the customer ("Borrower") and FlashFunding LLC d/b/a Flash Pay ("Flash Pay," "Lender"), a Texas limited liability company.
Upon execution of this Agreement, Flash Pay will advance funds from its own bank account to pay Borrower's bill via ACH bank transfer directly to the payee identified above. This creates an unconditional, binding personal loan. Borrower agrees:
- The loan bears 0% APR — no interest or finance charges;
- The service fee is a flat technology facilitation fee — not interest — and is non-refundable once the bill is paid;
- Repayment is due in a single lump-sum charge to the card provided in the form;
- Loan proceeds are paid directly to Borrower's payee — Borrower cannot receive proceeds in cash or redirect the payment;
- The credit card charge is a loan repayment — NOT a purchase of goods or services, a cash advance, or a money transmission;
- Flash Pay reserves the right to decline any transaction at its sole discretion.
2 Vendor Payment — ACH Terms and Risks
2.1 How Flash Pay Pays Your Vendor
Flash Pay initiates an ACH credit transfer from its own bank account to the payee account you provided. The ACH transfer is subject to NACHA rules. Flash Pay complies with applicable NACHA rules as the Originator of ACH entries on Borrower's behalf.
2.2 Payment Timeline
- Business days (Mon–Fri, excluding U.S. federal holidays): within 24 hours of signing this Agreement and card pre-authorization;
- Weekends and federal holidays: next available business day — ACH networks do not process on non-business days;
- Same-day ACH is not guaranteed unless specifically confirmed by Flash Pay in writing.
2.3 Your Sole Responsibility for Payee Accuracy
⚠ PAYEE ACCURACY — YOUR RESPONSIBILITY
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE ACCURACY OF ALL PAYEE DETAILS YOU PROVIDED, INCLUDING THE ABA ROUTING NUMBER, BANK ACCOUNT NUMBER, AND PAYEE NAME. FLASH PAY WILL PAY EXACTLY THE ACCOUNT YOU SPECIFIED.
- If the routing or account number is incorrect, the payment will be sent to the wrong account or returned;
- Your loan obligation to Flash Pay remains due in full regardless of any misdirection caused by your error;
- ACH recall is NOT guaranteed once a payment is credited — recovery depends on the receiving bank;
- No refund of the service fee will be issued for misdirection caused by your error.
2.4 ACH Return Risk
| ACH Return Scenario | What Happens | Your Loan Obligation |
|---|---|---|
| Wrong account number (R03) | Returned by receiving bank | Still owed — your error |
| Account closed (R02) | Returned by receiving bank | Still owed — your error |
| Invalid routing number (R22) | Rejected before reaching bank | Still owed — your error |
| Payee disputes receipt | Flash Pay provides ACH trace # | Still owed — payee dispute is separate |
| Flash Pay processing error | Flash Pay investigates & corrects | Adjusted — Flash Pay absorbs error |
2.5 Payee Dispute Independence
Your loan repayment obligation to Flash Pay is entirely independent from any dispute between you and your payee. The following do NOT affect your obligation to repay Flash Pay:
- Your payee disputes receiving the payment;
- Your landlord claims the payment was not applied to your account;
- You have a dispute about the underlying service (maintenance, billing errors, etc.);
- Your vendor refuses to apply the payment;
- Any other third-party dispute with your payee.
Flash Pay will assist you by providing the ACH trace number and payment confirmation for any legitimate payee dispute.
2.6 Payment Confirmation and Statement Descriptor
Flash Pay will send you a screenshot or digital confirmation of the ACH payment via WhatsApp or email immediately upon payment confirmation. Your acknowledgment of receipt is part of the evidence record.
The card charge will appear on your statement as "FLASH PAY SVC" or similar. You are hereby informed of this descriptor before signing. If you see this charge and do not recognize it, contact Flash Pay at (713) 000-0000 BEFORE contacting your card issuer.
3 Credit Card Authorization
By signing this Agreement, you authorize FlashFunding LLC d/b/a Flash Pay to initiate a single, one-time, non-recurring charge to the card you provided for the exact Total Card Charge amount shown above. This authorization is:
- Given freely, voluntarily, and with full understanding;
- Irrevocable once Flash Pay has paid your bill from its own funds;
- Limited to the single exact amount disclosed — no recurring charges;
- Valid under the E-SIGN Act and UETA as a written pre-authorized card charge.
Business Card Personal Liability
If the card you provided is a business credit card, you warrant that you personally guaranteed that card account with the issuer. You are therefore individually and personally liable for this charge regardless of your business entity's legal status. You cannot use corporate limited liability protections as a defense. Flash Pay may pursue collection against you personally, your business entity, or both.
4 Pre-Payment Service Delivery Waiver
BY SIGNING, YOU MAKE THE FOLLOWING REPRESENTATIONS AND WAIVERS EFFECTIVE IMMEDIATELY
You represent that you have requested Flash Pay to pay your bill and acknowledge that Flash Pay's service — payment of your bill via ACH — will be fully and completely delivered. You hereby FORFEIT AND WAIVE any and all claims that:
- Flash Pay's service was not delivered or was unsatisfactory;
- The payment to the vendor was not received;
- The card charge is for a purchase rather than a loan repayment;
- There is any other basis to dispute or reverse the authorized card charge.
Once Flash Pay has paid your bill: the service is fully delivered; the service fee is earned and non-refundable; and the Total Card Charge is immediately due. If you have any concern, contact Flash Pay at (713) 000-0000 BEFORE your card issuer. You agree to make Flash Pay whole regardless of the outcome of any dispute with any third party.
5 Chargeback Prohibition and Waiver
⚠ CHARGEBACK WAIVER — READ CAREFULLY
BY SIGNING THIS AGREEMENT, YOU EXPRESSLY, KNOWINGLY, AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO INITIATE A CHARGEBACK, DISPUTE, REVERSAL, STOP PAYMENT, CLAIM, OR RETURN REQUEST WITH ANY CARD ISSUER, CARD NETWORK, BANK, OR FINANCIAL INSTITUTION IN CONNECTION WITH THE CARD CHARGE AUTHORIZED ABOVE. THIS WAIVER IS EFFECTIVE IMMEDIATELY UPON SIGNING — BEFORE FLASH PAY PAYS YOUR BILL.
5.1 Why No Legitimate Chargeback Reason Exists
The following facts make every standard chargeback reason code inapplicable to Flash Pay transactions:
| Network & Code | Dispute Reason | Why It Fails Against Flash Pay |
|---|---|---|
| Visa 11.3 | No Authorization | You signed this Agreement authorizing the exact amount. IP address, device fingerprint, OTP, and government ID confirm identity. |
| Visa 13.1 | Not Received | Bill was paid via ACH before your card was charged. ACH confirmation proves delivery. You acknowledged receipt. |
| Visa 10.4 | Other Fraud | Signed Agreement + OTP + ID + IP = fully authorized, known transaction. |
| Visa 12.5 | Incorrect Amount | Exact amount authorized in this Agreement. Charge matches exactly. |
| MC 4853 | Not as Described | Bill payment service was delivered exactly as described and confirmed prior to charge. |
| MC 4841 | Cancelled Recurring | Single, one-time, non-recurring loan repayment. No recurring billing. |
| Amex C05 | Goods Cancelled | Service was not cancelled — it was delivered before the card was charged. |
| Amex C08 | Not Received | ACH confirmation + your acknowledgment prove delivery prior to charge. |
| Discover UA | Unauthorized | Signed Agreement, OTP, government ID, and IP address prove full authorization. |
| Any Network | Unrecognized Charge | You pre-consented to 'FLASH PAY SVC' on your statement in this Agreement. |
5.2 Contact Flash Pay First — Mandatory
✅ ALWAYS CONTACT FLASH PAY BEFORE YOUR CARD ISSUER
If you have ANY concern about a Flash Pay charge, you MUST contact Flash Pay FIRST at (713) 000-0000 (WhatsApp/text) or hello@flashfunding.us BEFORE contacting your card issuer. Flash Pay will respond within 2 hours. Contacting your card issuer without first giving Flash Pay the opportunity to resolve the concern is a breach of this Agreement.
5.3 Evidence Package
In the event of any chargeback, Flash Pay will immediately submit to the card network under Visa's Compelling Evidence 3.0 standard and equivalent rules for Mastercard, Amex, and Discover:
- This signed Agreement with digital signature, IP address, UTC timestamp, device fingerprint, and geolocation;
- ACH payment confirmation (payee name, amount, date, bank reference number);
- Your original payment request with timestamp;
- Stripe pre-authorization confirmation and AVS result;
- SMS OTP verification log confirming your phone number ownership;
- Your government-issued photo ID (front and back);
- Your acknowledgment of payment receipt;
- Card charge notification and 'FLASH PAY SVC' descriptor warning sent to you;
- Complete communication log between Flash Pay and you.
You expressly consent to Flash Pay disclosing all of the above to card issuers and networks for chargeback defense purposes.
5.4 Consequences of Filing a False Chargeback
Filing a chargeback after Flash Pay has paid your bill may constitute:
- Bank fraud — 18 U.S.C. § 1344 — up to 30 years imprisonment;
- Wire fraud — 18 U.S.C. § 1343 — up to 20 years;
- Credit card fraud — 18 U.S.C. § 1029 — up to 15 years;
- Theft by deception under applicable state criminal law.
You will be liable for: full loan amount; service fee; chargeback fees ($25–$100 per dispute); 18% per annum default interest; ACH recovery costs; collections costs; and all attorney's fees. Flash Pay will report credible chargeback fraud cases to law enforcement.
5.5 Assignment of Chargeback Claims
In the event of a chargeback or ACH return, you hereby assign to Flash Pay any and all claims you may have against your payee associated with the chargeback, clawback, or return. Flash Pay may contact your payee directly to request reimbursement. This assignment is irrevocable.
5.6 Make-Whole Obligation
You agree to make Flash Pay whole regardless of the outcome of any dispute between you and your card issuer or card network. Even if Flash Pay loses a chargeback dispute, you remain fully liable to Flash Pay for all amounts owed under this Agreement plus all costs incurred.
6 ACH Debit Authorization for Recovery
To handle any financial obligations arising from chargebacks, reversals, returns, fees, or defaults, you hereby authorize Flash Pay to initiate ACH debit entries to any U.S. bank account you have provided, for the amount of any such obligation. This authorization:
- Is given freely as a material condition of Flash Pay providing the service;
- Remains in effect until all obligations to Flash Pay are fully satisfied;
- Is governed by NACHA rules as in effect from time to time;
- Cannot be revoked while any outstanding obligation to Flash Pay exists.
7 Default and Remedies
Each of the following constitutes a default:
- Card charge failure, decline, reversal, or chargeback;
- Providing false or fraudulent information;
- Using a card without the primary cardholder's authorization;
- Bankruptcy petition filed within 90 days of this Agreement;
- Failure to cooperate with identity verification or any investigation.
Upon default, Flash Pay may without notice: demand immediate full repayment; initiate ACH debit recovery; report to Equifax, Experian, and TransUnion; engage a licensed collections agency; file suit in Harris County, Texas or your county of residence; and pursue any other remedy at law or equity. Default interest accrues at the lesser of 18% per annum or the maximum rate permitted by your state of residence.
8 Your Representations and Warranties
By signing this Agreement, you represent and warrant that:
- You are at least 18 years of age, a legal U.S. resident, and have full legal capacity to execute this Agreement;
- All information provided — identity, address, card details, payee bank details — is true, accurate, and complete;
- You are the primary cardholder or an authorized user with the primary cardholder's express prior written consent;
- If the card is a business card, you personally guaranteed that account and are individually liable regardless of your business entity's status;
- You have not filed and do not intend to file for bankruptcy within 90 days;
- You have confirmed payee bank routing and account numbers directly with your payee;
- You have received and understood the TILA disclosures at the top of this Agreement;
- You are not using Flash Pay for money laundering, structuring, or any prohibited purpose;
- You are signing voluntarily with full understanding of all terms.
9 Indemnification
You agree to indemnify, defend, and hold harmless Flash Pay, FlashFunding LLC, and their officers, directors, and agents from all losses, damages, claims, costs, and attorney's fees arising from: your breach of this Agreement; any chargeback you initiate in violation of this Agreement; any false information you provided; misdirected payments caused by your errors; unauthorized use of a credit card; or your violation of any applicable law.
10 Electronic Signature — One Signature Covers Everything
This Agreement is executed under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA), adopted in all 50 states. By checking "I have read and agree to the Loan Agreement," your acceptance simultaneously:
- Constitutes a legally binding signature equivalent to a wet-ink signature in all 50 states;
- Applies to ALL provisions, terms, waivers, and authorizations in this Agreement — including Sections 4, 5, 6, and 8;
- Serves as your initials on each individual section — no separate initials required;
- Is automatically linked to your IP address, device fingerprint, browser user-agent, geolocation, and UTC timestamp at submission.
Flash Pay retains a tamper-evident, cryptographically hashed audit record of this Agreement. Any alteration after signing is detectable. The electronic record is the legally authoritative original.
11 Governing Law, Arbitration, and Waivers
Governing Law
This Agreement is governed by the laws of the State of Texas. Mandatory consumer protection provisions of your state of residence apply to the extent of any conflict.
Mandatory Arbitration
All disputes shall be resolved by binding individual arbitration under JAMS Consumer Arbitration Rules in Houston, Texas. Award is final and enforceable as a court judgment.
Class Action Waiver
You and Flash Pay each waive all rights to class action, class-wide arbitration, or representative proceedings. All claims must be individual.
Jury Trial Waiver
You and Flash Pay irrevocably waive all rights to a jury trial in any proceeding relating to this Agreement.
Opt-Out
You may opt out of arbitration (not the chargeback waiver or jury trial waiver) by emailing hello@flashfunding.us within 30 days of signing.
12 Privacy and Data Security
Flash Pay collects your personal information solely to process this transaction, verify your identity, enforce this Agreement, and comply with law. Flash Pay does NOT sell personal information. Card payments are processed by Stripe (PCI DSS Level 1 certified) — Flash Pay does not store full card numbers in plain text. All data is encrypted in transit (256-bit TLS) and at rest (AES-256). Records are retained for a minimum of 7 years. You consent to disclosure of transaction records to card issuers and networks for chargeback defense. Full details at flashpay.us/privacy.
13 General Provisions
This Agreement is the entire agreement between the parties. Invalidity of any provision does not affect the remainder. Flash Pay may assign this Agreement without your consent. You may not assign your obligations. Flash Pay is not liable for indirect, incidental, or consequential damages. Notices to Flash Pay: hello@flashfunding.us. Notices to you: contact information above. These terms bind your heirs and successors.
BY CHECKING THE BOX ON THE WEBSITE, YOU CONFIRM:
- You have scrolled through and read this entire Agreement;
- You understand all terms including the Chargeback Waiver (Section 5), ACH Authorization (Section 6), and Arbitration/Jury Trial Waivers (Section 11);
- You have verified that all payee bank details above are correct — you accept full liability for any errors;
- Your single checkbox acceptance simultaneously covers every clause, waiver, and authorization in this document.
