1. Parties
This Payment Agreement (the "Agreement") is made on [DATE] between [CREDITOR NAME], of [CREDITOR ADDRESS] (the "Creditor"), and [DEBTOR NAME], of [DEBTOR ADDRESS] (the "Debtor"), together the "Parties".
2. Acknowledgment of the Debt
The Debtor acknowledges that, as of [DATE], it owes the Creditor [TOTAL AMOUNT AND CURRENCY] (the "Balance") for [ORIGIN OF THE DEBT, e.g. unpaid invoices nos. 1041–1046 under the service agreement dated DATE / the purchase price of ITEM sold on DATE / unpaid rent for MONTHS at ADDRESS]. The Debtor confirms that the Balance is correct and not subject to any offset, counterclaim, or dispute, except: [EXCEPTIONS, or NONE].
3. Payment Schedule
The Debtor will pay the Balance as follows: an initial payment of [AMOUNT, or NONE] on [DATE]; then [NUMBER] [WEEKLY / MONTHLY] installments of [AMOUNT], due on [DAY] of each [WEEK / MONTH], starting [FIRST DUE DATE]; with a final payment of all remaining amounts on [FINAL DUE DATE]. The full schedule is set out in Exhibit A. Payments will be made by [BANK TRANSFER / CARD / CHECK / OTHER] to [PAYMENT DETAILS].
4. Interest
[CHOOSE ONE: (a) No interest will be charged on the Balance if all payments are made on time; or (b) the unpaid Balance bears interest at [RATE]% per year, simple interest, from [DATE].] In no event will interest or any other charge exceed the maximum permitted by applicable law; any excess will be applied to reduce the Balance.
5. Application of Payments and Prepayment
Each payment is applied first to any late fees, then to accrued interest (if any), and then to the Balance. The Debtor may pay all or part of the remaining Balance early at any time without penalty. An early payment reduces the Balance but does not postpone the next installment unless the Creditor agrees in writing.
6. Late Payment
A payment is late if it is not received within [NUMBER] days after its due date (the "Grace Period"). For each late payment, the Debtor will pay a late fee of [AMOUNT OR PERCENTAGE OF THE MISSED INSTALLMENT], to the extent permitted by law. A returned or declined payment counts as not made, and the Debtor will also pay any bank charge it causes, up to [AMOUNT].
7. Creditor's Forbearance
As long as the Debtor makes each payment on time and complies with this Agreement, the Creditor will not start legal proceedings, refer the Balance to a collection agency, or report it as delinquent to any credit bureau [OPTIONAL: and will resume providing GOODS / SERVICES / ACCESS on the terms in DOCUMENT]. Nothing in this Agreement waives the Creditor's rights if the Debtor defaults.
8. Default
The Debtor is in default if: (a) any payment is not made by the end of its Grace Period; (b) the Debtor becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy proceedings; (c) the Debtor [SELLS OR TRANSFERS THE PURCHASED ITEM / CLOSES ITS BUSINESS] before the Balance is paid; or (d) any statement in section 2 proves to be untrue.
9. Notice to Cure and Acceleration
If the Debtor defaults under section 8(a), the Creditor will send written notice, and the Debtor will have [NUMBER] days from that notice to pay all overdue amounts. If the Debtor does not cure in time, or if any other default occurs, the Creditor may by written notice declare the entire unpaid Balance, accrued interest, and late fees immediately due, and may pursue any remedy available by law. To the extent permitted by law, the Debtor will pay the Creditor's reasonable costs of collection, including legal fees.
10. Security and Guarantee (Optional)
[OPTIONAL: To secure the Balance, the Debtor grants the Creditor a security interest in [COLLATERAL DESCRIPTION], and the Creditor may file any notice needed to make that interest effective against third parties. / [GUARANTOR NAME] guarantees payment of the Balance and signs below to confirm.] [DELETE THIS SECTION IF NOT USED.]
11. Payment in Full
When the Creditor has received the full Balance and any amounts due under this Agreement, the Creditor will confirm in writing within [NUMBER] days that the debt described in section 2 is paid in full, [OPTIONAL: and will release any security interest and correct any adverse credit report it made]. [OPTIONAL, FOR A REDUCED SETTLEMENT: The Creditor agrees to accept [REDUCED AMOUNT] in full satisfaction of the Balance, but only if every payment is made on time; if the Debtor defaults, the full Balance in section 2, less payments made, becomes due.]
12. General Terms
This Agreement is governed by the laws of [GOVERNING LAW JURISDICTION]. It is the entire agreement between the Parties about the payment of the Balance and may be changed only in writing signed by both Parties. Any delay by the Creditor in enforcing a right is not a waiver of it, and accepting a late payment does not waive any later default. If any provision is held invalid, the rest remains in effect. Notices must be sent to the addresses above or to [EMAIL ADDRESSES]. The Parties agree that this Agreement may be signed electronically and in counterparts, each of which is an original and all of which together form one agreement.
13. Signatures
CREDITOR: [CREDITOR NAME] Signature: ____________________ Name and title (if a company): [SIGNATORY NAME, TITLE] Date: [DATE] DEBTOR: [DEBTOR NAME] Signature: ____________________ Name and title (if a company): [SIGNATORY NAME, TITLE] Date: [DATE] GUARANTOR (if any): [GUARANTOR NAME] Signature: ____________________ Date: [DATE]