Terms & Conditions
The terms that govern your use of the Next Day Advance website and Services.
These Terms & Conditions (“Terms”) govern your access to and use of the website and the revenue-based financing services (collectively, the “Services”) provided by Next Day Advance (“Next Day Advance,” “we,” “us,” or “our”). By accessing the website or submitting information to us, you agree to these Terms. If you do not agree, do not use the Services.
Nature of our Services
Next Day Advance provides revenue-based financing. Revenue-based financing is the purchase of a portion of a business’s future receivables in exchange for funds provided up front. It is not a loan, and nothing on this website constitutes an offer or commitment to provide funding. We are not a bank. Any offer is subject to our review of your submitted documentation and is governed by the terms of a separate written agreement between you and Next Day Advance.
No guarantee of approval or timing
Submitting an application or documents does not guarantee approval. Approval, funded amounts, factors, remittance schedules, and all other terms are determined during review and are not guaranteed. Deals are typically funded within 48 business hours, depending on execution of documents by the merchant and bank processing times; funds are not guaranteed next day. Funding timelines may vary based on verification, banking schedules, and other factors. Not all products are available in all states.
Eligibility and submissions
To request an offer, you must be authorized to act on behalf of the business and to submit the business’s information, including its bank statements. You represent that all information you provide is accurate, complete, and current, and that you have the right to share it with us. We typically require the business’s most recent 4 months of business bank statements to prepare an offer.
Partner and ISO submissions
If you submit deals to us as an independent sales organization (ISO), broker, or referral partner, you represent that you have the merchant’s authorization to share their information with us, and that the information you provide is accurate. Partnership arrangements are subject to any separate agreement between you and Next Day Advance.
Use of the website
You agree to use the website only for lawful purposes and not to interfere with its operation, attempt to gain unauthorized access, or use it to transmit harmful or unlawful content. We may suspend or terminate access to the website at any time without notice.
Intellectual property
The website and its content, including text, graphics, logos, and design, are owned by or licensed to Next Day Advance and are protected by intellectual property laws. Next Day Advance™ and the Next Day Advance logo are trademarks of Next Day Advance. You may not reproduce, distribute, or create derivative works without our prior written permission.
Disclaimers
The website and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or secure.
Limitation of liability
To the fullest extent permitted by law, Next Day Advance and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or relating to your use of the Services or website, whether based in contract, tort, or any other legal theory.
Indemnification
You agree to indemnify and hold harmless Next Day Advance and its affiliates from any claims, damages, liabilities, and expenses arising out of your use of the Services, your submissions, or your breach of these Terms.
Governing law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in the State of New York, unless a separate written agreement between the parties provides otherwise.
Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the effective date above. Your continued use of the Services after an update constitutes acceptance of the revised Terms.
Contact us
Questions about these Terms? Contact us at info@nextdayadvance.com.