![2.04 Prohibited Payment 3.13 Payment Card Industry Data Storage Standard (PCI DSS)
Merchant agrees that Acquirer has the sole right to receive payments on any accepted transaction record as long as; As a Merchant if you store Cardholder Data in any way, shape, or form you are required to maintain that information in a secure manner. The guidelines for Data
(a) Acquirer has paid Merchant the amount represented by the transaction record less the discount and fees, and Storage can be found in detail at VISA.COM [type in PCI DSS in the search bar and follow the links to the information that applies to you], or contact the EPS Risk
(b) Acquirer has not charged such transaction record back to Merchant unless speci cally authorized in writing by Acquirer, Merchant agrees not to make or Department at 800-863-5995. EPS will be happy to explain the process and responsibilities related to this important Integrated Card Solution requirement.
attempt to make any collections on any transaction record Merchant agrees to hold in trust for Acquirer any payment Merchant receives or all or part of the 3.14 General
amount of any accepted transaction record, and promptly to deliver the same in kind to Acquirer as soon as received, together with the cardholder's name and (a) The paragraph headings and captions contained in this Agreement are for convenience only, and should not be deemed to de ne, limit or describe the scope
account number and any correspondence accompanying the payment. or intent of this Agreement to the extent that they con ict with the substance of this Agreement.
2.05 Chargeback (b) This Agreement shall be binding upon and inure to the bene t of the parties hereto and their successors and assigns, provided, however, this Agreement may
(a) Under any one or more of the following circumstances, Acquirer may charge back to Merchant any transaction record that Acquirer has accepted , and not be assigned by Merchant without the written consent of Acquirer. Any such assignment by Merchant without Acquirer's prior written consent shall be null and
Merchant shall repay Acquirer the amount represented by the transaction record plus any associated fees: void.
(i) the transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, transaction (c) Should any provision of this Agreement contravene any law, or valid regulation or rule of any regulatory agency or self-regulatory body having jurisdiction over
amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; either party hereto, or should any provision of this Agreement otherwise be held invalid, or unenforceable by a court or other body of competent jurisdiction, then
(ii) the transaction was one which received a negative account veri cation service response (or would have received a negative account veri cation service each such provision shall be automatically terminated and performance hereof by both parties waived, and all other provisions of this Agreement then in e ect
response if Merchant had contacted the service on the transaction date) and Merchant did not reject the transaction or receive prior authorization for the shall nevertheless remain in full force and e ect.
transaction, as applicable; (d) No failure by Acquirer to insist upon strict performance during continuance or default hereunder, shall constitute a waiver of any such term, obligation, right or
(iii) the sales slip does not contain the required imprint of a Card that was valid, e ective, and unexpired on the transaction date. remedy, or a waiver of any such default by Acquirer.
(iv) the transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is (e) This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Merchant agrees that the exclusive venue for any and all
not correctly and legibly included on the transaction record; proceedings relating to this Agreement shall be a court located in Colorado.
(v) The transaction record is a duplicate of an item previously paid, or is one of two or more transaction records generated in a single transaction in violation of (f) Merchant will be liable for and indemnify Acquirer for any and all attorney's fees and other related costs and expenses paid or incurred by the Acquirer in the
this Agreement. enforcement hereof, or in collecting any amounts due from merchant to Acquirer hereunder or resulting from any breach by Merchant of any of the terms or
(vi) the cardholder disputes the execution of the transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges conditions of this Agreement.
that a credit adjustment was requested and reissued or that a credit adjustment was issued by Merchant but not posted to the cardholder's account; (g) In the event of the occurrence of other disputes not covered or part of 3.13 (f ) above, the prevailing party will be entitled to receive reimbursement of all legal
(vii) the price of the goods or services shown on the transaction record di ers from the amount shown on the copy of the sales slip or the receipt delivered to fees associated with the dispute.
the customer at the time of the transaction; (h) Acquirer may amend this Agreement at any time without prior notice to Merchant. Such amendment shall take e ect at the time of noti cation to Merchant
(viii) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection and be incorporated herein as if part of the original Agreement.
with the transaction record or the transaction to which it relates. (i) All notices or other communications required to be given by either party shall be in writing and shall be hand delivered or sent by United States certi ed mail,
(ix) Acquirer reasonably determines that the transaction record is fraudulent or that the related transaction is not a bona de transaction in Merchants ordinary postage prepaid, and shall be deemed to be given when hand delivered or upon deposit in the mail as indicated. Notices shall be addressed to the parties at the
course or business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or o set for any address identi ed below, or such other address as may be speci ed by either party by notice to the other party.
reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (j) Acquirer may appoint an agent(s) to do or take any actions that may be done or taken by Acquirer under this Agreement.
(x) The transaction record arises from a mail or telephone order transaction which the cardholder disputes entering into or authorizing, or which involves an (k) This Agreement is intended by the parties as a nal expression of and a complete and exclusive statement of the terms of this Agreement, there being no
account number that never existed or that never existed or that has expired and has not been renewed; conditions to the enforceability of this Agreement. This Agreement may not be supplemented or modi ed except in writing as provided for in this Agreement.
(xi) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.01 of this Agreement; NOTICES: EPS
(xii) Any other Merchant transaction charged back to Acquirer for whatever reason pursuant to Visa or MasterCard rules and regulations. 6472 SOUTH QUEBEC STREET
(b) In the event Merchant believes a chargeback to be improper, Merchant must notify Acquirer of this in writing within the (10) calendar days of the date of the ENGLEWOOD, CO 80111
chargeback or forfeit its right to contest the chargeback.
(c) Except in the case of chargeback’s that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a transaction in EPS 90 ARTICLES, TERMS AND CONDITIONS
accordance with this section even if an authorization was obtained in connection with the transaction.
For the sake of this Agreement, Electronic Payment Systems, LLC ("EPS") d/b/a EPS 90, 6472 S. Quebec Street, Englewood, CO 80111 and Merchant listed, if
ARTICLE III MISCELLANEOUS approved by EPS, agree to enter into this Agreement and to be bound by the contractual provisions contained herein in order to receive the substantial bene ts
set forth herein and which EPS would not otherwise confer upon Merchant.
3.01 Records NOW, THEREFORE, in consideration of the premises and mutual promises contained in this Agreement, the parties agree as follows:
(a) Merchant shall for Visa, MasterCard, and Discover Network purposes preserve a copy of the actual paper sales slips and credit slips for at least six (6) months 1. Term
after the date Merchant presents the transaction data to Acquirer, and Merchant shall make and retain for at least three (3) years from such date legible micro lm If approved, this Agreement shall be e ective from the date hereof and shall remain in full force and e ect for a period of ONE (1) year as an initial term, unless
copies of both sides of such actual paper transaction records. sooner terminated as set forth herein. Upon the completion of the initial term, unless Merchant furnishes written notice of non-renewal at least THIRTY (30) days
(b) Merchant agrees to immediately notify Acquirer of any merchant location(s) added after the date of this Agreement, and agrees to the establishment of a prior to completion of the then existing term, the Agreement shall renew automatically for additional ONE (1) years terms in perpetuity unless cancelled in
separate processing account for said location(s). accordance with the provisions contained in the Agreement. In any event of early termination
3.02 Requests for Copies (a) all fees for the full term of the Agreement are immediately payable and Merchant hereby authorizes IPS or its’ agent to collect said fees from any account owner
(a) Within one (1) business day of receipt of any request by Acquirer, Merchant shall fax or mail to Acquirer either the actual paper transaction record, if requested by Merchant and/or guarantor(s) via Automated Clearing House (ACH) transactions,
by Acquirer, or a legible copy thereof (in size comparable to the actual paper transaction records), and any other documentary evidence available to Merchant and (b) all prior guarantees shall be made null and void, and
reasonably requested by Acquirer to meet its obligations under law (including its obligations under the Fair Credit Billing Act) or otherwise to respond to (c) Merchant assigns all proceeds of pending conversion checks to EPS to the extent they are required to satisfy and fees that may be due EPS. Once all fees due
questions concerning cardholder accounts. EPS are satis ed any remaining conversion proceeds will be distributed to Merchant ninety (90) days after the posting of the last check.
(b) For purposes or retrieval of records Merchant must retain sale slips and credit slips by reference number within date sequence. 2. Termination Upon Breach
(c) If Merchant does not provide a requested copy of sales slip(s) to Acquirer within the time frame speci ed, in addition to other rights and remedies available to This Agreement may be terminated immediately by EPS in the event of a breach of any representation, warranty condition, provision, section or covenant in this
Acquirer under this Agreement; Agreement Merchant shall have the right to cure any breach that is susceptible of cure during the initial FIVE (5) days from the date of discovery and if the breach
(i) Acquirer may charge Merchant a penalty fee, and is cured to the reasonable satisfaction of EPS, this Agreement shall not be terminated and shall continue in full force and e ect. In any event of early termination all
(ii) Acquirer may charge Merchant the transaction amount of the requested sales slip, fees or the full term of the Agreement are immediately payable and Merchant hereby authorizes EPS of its’ agent to collect said fees from any account owner by
(iii) Acquirer may, at its option, charge Merchant the transaction amount of the requested sales slip at the time of the request. Such amount will be reimbursed Merchant and/or guarantor(s) via Automated Clearing House (ACH) transaction.
to the Merchant upon delivery of a valid and correct sales slip. 3. EPS 90 - No Credit Check Easy Payment Plan Conversion - With Guarantee
3.03 Disputes With Cardholder: Indemni cation EPS will convert commercially imprinted personal checks received by Merchant from customers through approved P.O.S. equipment and purchase all approved
All disputes between Merchant and any cardholder relating to any Card transaction shall be settled between Merchant and such cardholder. Merchant shall commercially imprinted personal checks presented for payment of goods and/or services germane to the Standard Industry Code (SIC Code) that best describes
indemnify and hold Acquirer harmless from all claims, liabilities, losses, and expenditures (including reasonable attorney's fees and other costs of defence) relating your business that are converted which fail to clear subject tot he following terms and conditions provided “% per check” is not waived:
to or arising out of any such Card transaction and from Merchant's failure to comply with any or its obligations under this Agreement. (a) The checks are made payable to Merchant.
3.04 Excessive Chargeback’s and/or Retrievals (b) Merchant and Customer have fully completed and signed at the time of sale an “easy payment plan” form.
Merchant agrees that in the event Acquirer is presented, during any monthly period, with chargeback’s and/or retrieval requests relating to the transactions of the (c) The Merchant has not accepted subsequent payment in any form for dishonored check in full or part including but not limited to cash, check, service
Merchant processed by Acquirer in excess of one percent (1%) of interchange volume of such transactions, such chargeback and/or retrieval requests will performed, trade, barter or return of goods dishonored check was written for. In the event of received payment as described herein Merchant shall notify EPS
conclusively be deemed to be excessive under applicable Visa, MasterCard, and Discover Network regulations which shall allow Acquirer to take such action as immediately.
may be authorized herein or by applicable Visa, MasterCard, or Discover Network regulations. (d) Merchant shall not accept two party, multi-party, signature irregular, EPS declined, previously bank returned, stop, stop pay, temporary, stolen, for cash, and
3.05 Terms, Termination and Combined Terminated Merchant File checks known at time of sale to be non-negotiable may be considered non-conforming and subject to forfeiture of guarantee status.
(a) The initial term of this Agreement shall be one (1) year from the date herein. Thereafter, the Agreement will automatically renew for additional one (1) year (e) The full daytime telephone number and drivers license or state issued ID number with expiration date (must be unexpired) being used as reference for the
terms, unless merchant noti es acquirer of its intention not to renew the Agreement at least ninety (90) days prior to the end of the Agreement term then in e ect. writer must be clearly written on the FRONT of the check.
Merchant's obligations under this Agreement remain in full force and e ect relative to all debt purchased under this Agreement. This Agreement may be (f) Merchant must warrant and attest that they have con rmed the identity of the check writer and the writer is the account holder, the writer is the named
terminated at any time by Acquirer upon written notice to the Merchant. Such notice shall be e ective when hand delivered or deposited in the mail or upon any individual on the face of the check, all checks submitted and authorizations for the transaction were signed by the writer in person at the time of sale, and the
later date speci ed in the notice. Acquirer may terminate this agreement without prior notice in the event Merchant is or becomes bankrupt or is unable to pay its amounts of the checks constitute full payment for the goods and/or services purchased.
debts as they become due, or if Acquirer reasonably determines that Merchant has violated any term, conditions, covenant, or warranty of this Agreement, or if (g) Unless otherwise noted Merchant account deposits are forwarded to the Federal Reserve for clearing to Merchants deposit account within 24 to 72 hours from
Acquirer determines in its sole discretion that Merchant has abused its privileges under this Agreement. date to present.
(b) Upon the e ective date of any such termination, Merchant's rights hereunder to make Card transactions, to deposit transaction records with Acquirer and to (h) Deposits made will be total check amount minus fees due for the conversion service and prior chargebacks if any.
use sales slip forms, credit slip forms, promotional material, and any other items provided by Acquirer hereunder shall cease, but Merchant's obligations in (i) If a customer's check is charged back to EPS for any reason Merchant will respond to retrieval request from EPS for same in a timely manner. In addition,
connection with any transaction record accepted by Acquirer (whether before or after such termination), including without limitation Merchant's chargeback payment of funds for checks may be held back or reversed to cover chargebacks until guarantee status can be determined.
obligations, shall survive such termination. (j) Merchant guarantees the availability of funds to cover chargebacks.
(c) Merchant expressly acknowledges that a Combine Terminated Merchant File (CTMF) is maintained by MasterCard containing information on Merchants (k) In the event of a disputed transaction by any party, funds for same may be withheld until dispute is settled.
terminated for one or more reasons speci ed in the MasterCard operating rules and regulations. Such reasons generally include, but are not limited to fraud, (l) Limits may be set for single check and daily deposit amounts. These limits may include additional time to deposit.
counterfeit paper, unauthorized transactions, excessive chargeback’s, violations of Merchant Agreement or highly suspect activity Merchant acknowledges that (m) Merchant is required to cooperate with EPS and follow instructions given by EPS related to any veri cation or collection e orts. Failure to do so will result in
Acquirer is required to report the Merchant business name and the names of its principles to the CTMF when Merchant is terminated due to one or more of the forfeiture of any unsecured funds. This cooperation may entail the production of the original instrument.
foregoing reasons. Merchant expressly agrees and consents to such reporting by Acquirer in the event of the termination of this Agreement due to one or more of (n) Merchant must warrant and attest that proper customer noti cation will be given prior to converting checks to debits.
such its sole discretion in order to secure Merchants obligations under this Agreement. Merchant agrees to execute any documents or take any actions required in (o) Merchant shall use check imaging equipment to convert checks. Conversion and/or guarantee checks are not warranted unless imaging equipment is used to
order to comply with and perfect the security interest under this paragraph. Acquirer and/or EPS may, at any time there is an obligation owing from Merchant to process the transaction
Acquirer and/or EPS, set o any such amounts against any deposit balances or other money now or hereafter owed Merchant by Acquirer and/or EPS without (p) In the event of termination of this Agreement by either party funds due Merchant may be held and or debited from Merchant's account to cover potential
notice or demand of any kind. chargebacks.
(d) This Agreement shall become e ective upon acceptance by Bank. Any party may terminate this Agreement at anytime with or without cause by providing (q) Merchant agrees to abide by and be bound to the rules and regulations of the "National Automated Clearing House Association" (NACHA), and any other entity
written notice to the other parties. However, if Merchant terminates this Agreement, Bank and EPS shall have thirty (30) days from date of receipt of the notice to having authority to regulate or in any way control the use of conversion services.
delete Merchant's account during which time Merchant shall remain liable for all fees and charges, including any monthly minimum processing charge. Bank or (r) Any or all guaranteed checks may be charged back in the event any fraud or deception from or by Merchant or Merchants' employees is discovered. If a
EPS may terminate this Agreement immediately without prior notice if: previously guaranteed check is later found not eligible for the guarantee program it may be charged back.
(i) either party has reason to believe that fraudulent Card Transactions or other activity prohibited by this agreement is occurring at any Merchant location, (s) Merchant shall not have returns for any reason that represent ve-(5)% percent of total dollar volume for any period.
(ii) such action is taken to prevent loss to Bank, EPS, or Card issuers, 4. EPS 90 - Single Check Conversion - With Guarantee
(iii) Merchant appears on any Integrated Card Solutions security reporting, or (iv) Bank's Merchant Acceptance Criteria changes. All rights and obligations of the EPS will convert commercially imprinted personal checks received by Merchant from customers through approved P.O.S. equipment and purchase all approved
parties existing hereunder as of the e ective time of termination shall survive the termination hereof. commercially imprinted personal checks presented for payment of goods and/or services germane to the Standard Industry Code (SIC Code) that best describes
3.06 Limitation of Liability your business that are converted which fail to clear subject tot he following terms and conditions provided “% per check” is not waived:
Acquirer's liability to Merchant with respect to any Card transaction shall not exceed the amount represented by the transaction less any applicable discount, and (a) All terms and conditions of 3 above and all subsections thereof apply to all transactions contemplated herein except Section 3 (b) which does not apply.
Acquirer shall in no event be liable for any incidental or consequential damages whatsoever. Acquirer is not liable to Merchant for errors made by account number (b) Post dated checks do not qualify for the "Single Check Conversion Program."
veri cation service or for Merchant's failure to contact same. 5. Payment To Merchant
3.07 Supplementary Documents; Fees Payment to Merchant for single check conversion program checks covered under this agreement are subject to ALL conditions contained herein and furthermore
All reference herein to this "Agreement" shall collectively included current Schedules, Amendments, Merchant Application, Change Notices, Addendum, those speci cally addressed in Section 4 and all subsections thereof above. Payment for no credit check easy payment plan converted check covered under this
Appendices and Attachments and associated reference materials, all or which are incorporated herein by reference and made a part of this Agreement as if fully agreement are subject to ALL conditions contained herein and furthermore those speci cally addressed in Section 3 and all subsections thereof above. In the
set forth herein. Merchant agrees to pay the fees and charges identi ed in this Merchant Application or in any other schedule of fees and charges provided to event a check fails and becomes subject to the Guarantee Program, payment of the Guaranteed funds shall be made on or about the 10th or 25th (Guarantee
Merchant which may be amended from time to time as provided in Section 3.16. Payment Dates) of each month for the activity prior to the last Guarantee Payment Date.
(a) An Annual Fee of $85.00 will be charged to all Merchant Accounts based on the number of Active Terminals per Merchant in December of each Calendar Year 6. Miscellaneous
regardless of enrolment time. This Fee is not refundable for any reason and cannot be pro-rated or abated in any way. (a) This is the entire agreement between Merchant and EPS, with respect to the subject matter hereof, and supersedes any prior agreement, discussions or
3.08 Compliance with Law correspondence, oral or written, between Merchant and EPS. The check program guidelines attached hereto are incorporated herein by reference as if set out in
Merchant shall comply with all laws applicable to Merchant, Merchant's business and any Card transaction, including but not limited to and without limitation all full herein.
state and federal consumer credit and consumer protection statutes and regulations and Visa, MasterCard and Discover Network regulations. (b) This Agreement and all questions arising in connection herewith shall be governed by and construed in accordance with the laws of the State of Colorado, and
3.09 Modi cation all suits hereunder or in respect hereto by either party shall be instituted in the Colorado courts or in the United States District Court for the District of Colorado
This Agreement is subject to such modi cations, changes, and additions as may be required, or deemed by Acquirer to be required, by reason of any state or and in no other venue or jurisdiction. Merchant HEREBY SUBMITS TO THE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF COLORADO OR IN THE
federal statute, judicial decision, MasterCard, Visa, or Discover Network rule or regulation, or the regulation or ruling of any federal agency having jurisdiction over UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND HEREBY CONSENTS TO SERVICE OF PROCESS AT MERCHANT'S ADDRESS SET FORTH
Acquirer or Merchant. ABOVE.
3.10 Independent Sales Organization/Member Service Provider (c) Representations made by the Independent Contractor or their employees, representative or any other persons associated with them that are not expressly
Merchant acknowledges that: contained in this Agreement ARE NOT VALID and do not apply. EPS makes no representations outside of this Agreement. If you rely on representations made by
(i) Acquirer may use an independent Sales Organization (ISO) or Member Service Provider (MSP) operating under applicable Visa, MasterCard, Discover Network Contractor not contained in this Agreement you are doing so of your own free will and at your own risk and shall not place any claim of any sort on EPS for such
rules and regulations who is an independent contractor and not an agent of Acquirer. reliance.
(ii) No ISO or MSP has authority to execute this Agreement on Acquirers behalf or to alter the terms hereof without Acquirers prior written approval; and (d) The section headings contained in this Agreement are for convenient reference only, and shall not in any way a ect the meaning or interpretation of this
(iii) Representations made by Independent Sales Organizations, Member Service Providers, contractors or their employees, coworkers, assigns, contractors or Agreement.
any other persons associated with them that are not expressly contained in this Agreement ARE NOT VALID and do not apply. Acquirer makes no representations (e) Nothing contained in this Agreement shall be construed to constitute a joint venture or partnership between or among any persons or entities referred to
outside of this Agreement. If you rely on representations that are not contained in this Agreement then you are doing so of your own free will and WILL NOT in any herein.
way have recourse, right, claim or claim's Whatsoever against EPS, Acquirer, Integrated Card Solution, or any of their a liates or entities. (f) If any provision of this Agreement is at any time adjudged invalid or unenforceable to any extent by any court of competent jurisdiction, such provision shall be
3.11 Security Interest, Set-O deemed modi ed to the extent necessary to render it valid and enforceable and such invalidity or unenforceability shall not a ect any other provision of this
To secure all obligations of Merchant to Acquirer and/or EPS arising from this Agreement and supporting Agreements to this application, Merchant hereby grants Agreement.
Acquirer and/or EPS a st lien security interest on all deposits regardless of source, to Merchant's accounts, whether known or unknown at the time of application, (g) MERCHANT ACKNOWLEDGES THAT THIS IS A LEGAL DOCUMENT AFFECTING MERCHANT'S RIGHTS AND OBLIGATIONS. MERCHANT FURTHER ACKNOWLEDGES
and all proceeds of said deposits. Acquirer's and EPS's rights under said security interest may be exercised by Acquirer and EPS without notice or demand of any THAT THEY HAVE BEEN ENCOURAGED TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF MERCHANT'S CHOOSING PRIOR TO ENTERING INTO THIS AGREEMENT
kind by making an immediate withdrawal from or freezing said account upon Acquirer's and/or EPS's reasonable determination that a breach of any obligation of AND THAT MERCHANT HAS CONSULTED WITH SUCH COUNSEL TO THE EXTENT THEY DESIRES TO DO SO. MERCHANT ACKNOWLEDGES THAT THEY ARE ENTERING
Merchant under this Agreement or any other supporting Agreement, has occurred or for any reason speci ed in section 2.03. Exercising of Acquirer's and EPS's INTO A LEGAL AND BINDING AGREEMENT AND ARE FULLY AWARE OF ALL RAMIFICATIONS THEREIN.
rights pursuant to this security interest shall be in addition to any other rights of Acquirer and/or EPS under this Agreement. Acquirer and/or EPS shall also have (h) By a xing their signature(s) hereto on behalf of the Merchant, the undersigned individual(s) represent and a rm that they are binding themselves personally
the right to require Merchant to furnish such other and di erent security as Acquirer and/or EPS shall deem appropriate in its sole discretion in order to secure and further that Merchant has the power and authority to enter into this Agreement and the execution and delivery of this Agreement and the performance of
Merchants obligations under this Agreement. Merchant agrees to execute any documents or take any actions required in order to comply with and perfect the Merchant's obligations hereunder have been duly authorized by all necessary corporate or company action.
security interest under this paragraph. Acquirer and/or EPS may, at any time there is an obligation owing from Merchant to Acquirer and/or EPS, set o any such 7. Credit Report Authorization
amounts against any deposit balances or other money or hereafter owed Merchant by Acquirer and/or EPS without notice or demand of any kind. Merchant authorizes EPS to obtain an investigative and/or consumer credit report, personal and/or commercial in nature, in connection with this Agreement.
3.12 Anti Money-Laundering Policy 8. Electronic Debit/Credit Authorization
In compliance with the “Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act (USA PATRIOT Act) ("Act"), Pub. Law 107-56(2001), Electronic Merchant hereby authorizes EPS, in accordance with this Agreement, to initiate debit/credit entries to Merchant's accounts. This authority is to remain in full force
Payment Systems ("EPS") has adopted an Anti-Money Laundering (AML) compliance policy ("Policy"). and e ect until:
It is the policy of EPS to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of (a) all obligations of Merchant to EPS that have arisen under this Agreement have been paid in full and
terrorist or criminal activities. EPS is committed to AML compliance in accordance with applicable law and requires its o cers, employees and appointed (b) EPS has received written noti cation from Merchant of its termination, in such a manner as to a ord EPS reasonable opportunity to act on it. This authorization
contractors, agents, and vendors to adhere to these standards in preventing the use of its products and services for money laundering purposes. extends, but is not limited to, entries to Merchant's account for fees, applied percentages, monthly minimums, chargebacks, retrievals, check rejects, and any other
For the purposes of the Policy, money laundering is generally de ned as engaging in acts designed to conceal or disguise the true origins of criminally derived incidents for which funds may become due under this Agreement.
proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets.
Terrorist nancing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later NOTICES: EPS 90
be used for criminal purposes. 6472 SOUTH QUEBEC STREET
By accepting this Agreement Merchant hereby pledges and promises not to participate in any activity that may be construed as a violation of the above noted ENGLEWOOD, CO 80111
Act and this Anti Money-Laundering Policy and shall furthermore cooperate, comply, and assist in any e orts to assure compliance by Acquirer, EPS, Integrated VER V 20090514-01
Card Solution, or Government Agency.
X PW By Initialling Here You Are Con rming Acceptance and Receipt of This Agreement and a Copy Thereof](https://image.slidesharecdn.com/newappsample-110509133839-phpapp01/85/New-appsample-4-320.jpg)
New appsample
- 1. MERCHANT APPLICATION Electronic Payment Systems, LLC Englewood, Colorado 80111 Merrick Bank, South Jordan, Utah O ce No. 4999 Agent Name Michelle McMahon APPLYING FOR Initials X PW Initials X PW BUSINESS NAME(S) Custom Haus Name of Account (doing business as) Exact Legal Name Paul Wright Physical Street Address 2345 Broad St PO Box 222 Mailing / Billing Address (if di erent from mailing address) City Denver State CO Zip 80222 City Denver State CO Zip 80222 Business Phone No. (303) 555-1234 Cell (303) 555-5678 E-mail Address pw84@gmail.com Merchandise / Service Sold Kitchen Remodeling Federal Tax ID No. 14-56078-90 MERCHANT PROFILE VISA, MASTERCARD, & DISCOVER NETWORK INFORMATION Your Company’s Website Address www. kitchhaus.com Do You Currently Accept Visa, MasterCard, and/or Discover Network? Yes x No Type of Ownership x Sole Proprietor Partnership Corporation LLC Other if yes, please submit 3 current months of statements. Date Business Started 1999 Length of Current Ownership 11 yrs Current / Previous Card Processor Has This Business or Any Associated Principal Been Terminated as a Visa, MasterCard, Discover Network Reason for Leaving Merchant? Yes x No Card Swipe + 80 % Average Ticket $2,100 Has Merchant or any Associated Principal Disclosed Below Filled Bankruptcy or Been Subject to Involuntary Manually Keyed + 10 % Low Ticket $500 Bankruptcy? Yes Date x No Mail Order + % High Ticket $7,300 Previous Owner Telephone Order + 10 % Average Monthly Volume $30,000 Total = 100 % High Monthly Volume $130,000 OWNERS OR OFFICERS Name Paul Wright Title Owner Name Title Social Security No. 523-45-6789 Date of Birth 7-14-76 Social Security No. Date of Birth Residence Address 2345 Broad St. Residence Address City Denver State CO Zip80222 303) 555-7147 Home Phone No. ( City State Zip Home Phone No. ( ) Equity Ownership 100 % Excellent x Good No Credit History or Derogatory Info Equity Ownership % Excellent Good No Credit History or Derogatory Info REFERENCES Trade ReferenceThomas Lumber Contact Customer Service Phone No. 303-555-5512 Trade ReferenceClassic Finding Contact Customer Service Phone No. 303-555-7812 Bank Reference Trade Source Bank Contact Customer Service Phone No. 303-555-3789 MERCHANT SITE SURVEY REPORT (TO BE COMPLETED BY SALES REPRESENTATIVE) Merchant Location O ce Building x Residence Retail With Store Front Other The Business Premises is x Owned by Merchant Leased Area Zoned Commercial Industrial x Residential If Leased From Whom Name Phone No. Nearest Major Cross Streets Broad St and 6th Ave Square Footage 0-250 251-500 x 501-2,000 2,001+ Further Comments by Inspector (MUST COMPLETE) Does the Amount of Inventory and Merchandise on Shelves and Floor Appear Consistent with the Type of Business? x Yes No if no, explain I hereby verify that this application has been fully completed by the merchant and that I have physically inspected the business premises of the merchant at this address and the information stated above is true and correct to the best of my knowledge and belief. Michelle McMahon Michelle McMahon 4999 6-21-10 Agent Name (please print) Signature Agent No. Date
- 2. MERCHANT APPLICATION PROCESSING AGREEMENT (Continued) VOIDED CHECK FROM CHECKING ACCOUNT MUST BE ATTACHED (DO NOT USE A DEPOSIT OR STARTER CHECK) ELECTRONIC DEBIT / CREDIT AUTHORIZATION Merchant hereby authorizes Bank, in accordance with this Agreement, to initiate debit/credit entries to Merchant’s deposit account, as indicated below. This authority is to remain in full force and e ect until (a) Bank has received written noti cation from Merchant of its termination, in such a manner as to a ord Bank reasonable opportunity to act on it and (b) all obligations of Merchant to Bank that have arisen under this Agreement have been paid in full. This authorization extends, but is not limited, to such entries to this account which concern discount fees, transaction fees, chargebacks, penalties, service fees, return item fees, lease, rental and purchase charges, check services, warranty services, Internet services or other services o ered by EPS, involving Poin-Of-Sale(”POS”) and credit card imprint equipment. PRICING SCHEDULE A CARD DISCOUNT 1.89 % OFFLINE DEBIT 1.59 % Debit Authorization Fee AMEX x Yes AUTH. FEE RETAIL MOTO ACH Rejection $25.00 1 1 AMEX Merchant I.D. MasterCard $0.25 $0.35 Charge Back Fee $25.00 2 2 Annual Fee $85.00 Visa $0.25 $0.35 Administration Fee $10.00 Discover Network $0.25 $0.35 Minimum Discount Fee $25.00 3 3 FMP Warranty Yes $8.95/mo. (includes Free repair/replacement) Other $0.25 $0.35 Wireless Fee $25.00 4 4 Wireless $0.15 $0.15 Voice Authorization $0.95 AVS $0.04 $0.04 Retrieval Fee $12.00 5 5 SIC Code Checking Account Change $20.00 See Speci c Documentation for Fees. Internet Gateway $10.00 (Surcharge of up to 1.75% applied to all transactions Voice Auth. Setup $4.95 which fail to qualify for Visa MasterCard electronic data x RETAIL MOTO BUNDLED RATE capture interchange requirements.) EPS 90 PRICING SCHEDULE A Registration and Encryption Fee of $320.00 is due at signing. PRICING TO MERCHANT SHALL BE AS FOLLOWS: SERVICE REQUESTED: % per check Trans. Fee Admin. Fee Monthly Minimum x Conversion With Guarantee 7.5 $0.25 $10.00 $25.00 x Single Check Conversion With Guarantee (one check for full payment not post dated) 1.89 $0.25 MUST ACCOMPANY CONVERSION WITH GUARANTEE SERVICE An account set-up fee of $25.00 will be debited from the rst check in the series when multiple checks are used in a single transaction. Fee payment not otherwise covered in this Agreement shall be debited from Merchants’ account on or about the 5th of each month for activity in the prior calendar month. An annual Fee of $85.00 is billed each year in December regardless of time of enrolment and cannot be waived or refunded. EPS 90 INFORMATION STANDARD TICKET AMOUNTS: TERMINAL/CHECK READER TYPE: FMP WARRANTY: Average $2,100 Low $500 High $7,300 Terminal Model Nurit 8320 For 1 Terminal ($8.95) Reader Model RDM 6014 x For 2 Terminals (14.95) PCI-DSS DATA Does Merchant Use an Independent Servicer That Stores, Maintains, or Transmits Cardholder Information No x Yes IF YES PLEASE PROVIDE: Name Phone No. Product or Service Being O ered Does the Merchant use Software Terminal If Software, What is the Payment Application Name What Version of the Payment Application is in Use If Terminal, What Type X Paul Wright Paul Wright 6-21-10 X Signature Printed Name Date Signature Printed Name Date PERSONAL GUARANTEE The undersigned personally, and in his or her capacity of and for any named entity he/she represent, unconditionally guarantees the Bank and Electronic Payment Systems, LLC (EPS) the performance of this Agreement including by not limited to: payment of all sums due and owing; adherence to all terms and conditions of this agreement and any attachments hereto; and agrees to pay any attorneys fees and costs associated with enforcement of the terms, conditions, and agreements contained herein. Bank and/or EPS shall not be required to rst proceed against Merchant for enforce or see any other remedy before proceeding against the undersigned. This is a continuing guaranty and shall not be discharged or a ected by the death or the undersigned, shall bind the heirs, administrators, representatives and assigns and may be enforced by or for the bene t of any successor of Bank or EPS. The terms of this guaranty shall be for the duration of the Merchant Processing Agreement and all attachments thereto and shall guarantee all obligations which may arise or accrue during the terms thereof. Enforcement may be sought subsequent to any termination. X Paul Wright X Personal Guarantor (No Title) Personal Guarantor (No Title) The undersigned personally, and in his or her capacity of and for any named entity herein represents and warrants that all information provided by Merchant in the Merchant Application and Processing Agreement, and if elected as a service, the EPS 90 Application and Purchase Agreement, and any other documents thereto, is true and correct. Also, the undersigned authorizes the Bank an/or EPS or its representative to investigate the credit of each person and/or entity listed on the Merchant Application and represents that he/she has the authority to provide such information. MERCHANT HEREBY AGREES AND ACCEPTS ALL TERMS AND CONDITIONS CONTAINED HEREIN AND OUTLINED IN THE ARTICLES 1.01 THRU 3.14(K) RESPECTIVELY FOR THE MERCHANT PROCESSING AGREEMENT, AND IF ELECTED AS A SERVICE, ARTICLES 1 THRU 8 RESPECTIVELY OF THE ARTICLES, TERMS AND CONDITIONS OF THE EPS 90 APPLICATION AND PURCHASE AGREEMENT. FURTHERMORE, MERCHANT ACKNOWLEDGES RECEIPT OF A PHYSICAL COPY OF THIS AGREEMENT WHICH CONTAINS THE AFOREMENTIONED ARTICLES AND OTHER TERMS AND CONDITIONS THAT GOVERN THIS AGREEMENT. X Paul Wright Paul Wright 6-21-10 X Signature Printed Name Date Signature Printed Name Date Accepted by Merrick Bank * Agent Relations * South Jordan, UT 84095 * 303.221.2510 Accepted by Electronic Payment Systems,LLC * Englewood, CO 80111 * 800.863.5995 By Title By Title
- 3. In consideration of the mutual covenants and agreements herein Merrick Bank ("Acquirer"), Electronic Payment Systems ("EPS") acting on behalf of and for (c) in connection with a recurring transaction (or preauthorized order) pursuant to which goods or services are delivered to or performed for a cardholder Acquirer and the undersigned merchant ("Merchant") have agreed as follows as of the date of acceptance by Acquirer and issuance of a valid merchant number: periodically. Merchant agrees to the following conditions (i) Merchant must obtain a written request from the cardholder that the recurring transaction be charged to the cardholder's account. ARTICLE 1 CARD TRANSACTIONS (ii) the written request must specify the amount of the recurring transaction (or allow space for cardholder to specify a minimum and maximum amount if the recurring transactions are to be for varying amounts), the frequency of the recurring charges, and the length of time for which the preauthorized order is to remain 1.01 Honoring Integrated Card Solution in e ect. (a) Merchant shall honor without discrimination all valid cards of the type(s) made available for processing by EPS when properly presented as payment by (iii) before renewing a preauthorized order, Merchant must obtain a subsequent written request from the cardholder containing the information listed above customers in connection with bona de, legitimate business transactions. If Merchant does not deal with the public at large (such as in the case of a private club), (iv) Merchant must retain the cardholders written authorization for as long as the preauthorized order is in e ect and must provide a copy to Acquirer upon Merchant shall be deemed to have complied with this non-discrimination rule if it honors all valid Integrated Card Solution of cardholders who have purchasing request. privileges or memberships with Merchant. (v) Merchant must not deliver goods or perform services covered by a preauthorization order after being advised that the preauthorization has been canceled (b) Merchant shall not require, through an increase in price or otherwise, any cardholder to pay any surcharge at the time of sale or to pay any part of any charge or that the Card is not to be honored, and imposed on Merchant by Acquirer (Discounts for payment in cash, however, are permitted). (vi) Except as provided in Section 1.07, a recurring transaction may not include partial payments to Merchant for goods or services purchased in a single (c) Merchant shall not establish minimum or maximum transaction amounts. transaction, or for periodic payments of goods or services on which Merchant assesses additional nance charges. (d) Merchant shall not require a cardholder to provide identi cation information such as telephone number, address or driver's license number as a condition of (vii) Merchant must inform cardholder that he has the right to receive, at least 10 days prior to each scheduled transaction date, written notice of the amount completing a transaction, unless such identi cation is required by MasterCard International, Inc. ("MasterCard"), Visa U.S.A. Inc. ("Visa"), Discover ® Network rules and date of the next charge. Cardholder may elect to receive the notice and regulations and is permitted by the law of the state in which the transaction takes place, for example, in mail order transactions. (A) for every change (e) Merchant may not make a photocopy of a card under any circumstances and may not request that the cardholder provide a photocopy of the card as a (B) only when the transaction amount does not fall within the speci ed range shown on the order form, or condition for honoring the card. (C) only when the transaction amount will di er from the most recent charge by more than an agreed upon amount. 1.02 Advertising (d) Merchant may o er cardholders an installment payment option for its mail/telephone order merchandise subject to the following conditions (a) Merchant shall display adequately any advertising or promotional material provided or required by Acquirer to inform the public that Integrated Card Solutions (i) Merchants promotional material must clearly disclose the installment terms including but not limited to will be honored at Merchant's place of business. Such displays, however, are not required of private clubs and other Merchants that do not deal with the general (A) whether the plan is available only for selected items or for the total amount of any order and public, vehicle leasing companies at airport locations, transportation companies subject to government regulation, or other Merchants expressly exempted from (B) how shipping and handling charges and applicable taxes will be billed. The material also must advise cardholders who are not billed in the transaction this requirement by MasterCard, Visa, and/or Discover Network as applicable. currency of the Merchant that the installment billing amounts may vary due to uctuations in the currency conversion rates (b) Merchant shall not display or use advertising or promotional materials containing Acquirer's name or symbol which might cause a customer to assume that (ii) No nance charges may be added by Merchant. The sum of the installment transactions may not exceed the total sales price of the merchandise on a single Merchant honors only Cards issued by Acquirer. transaction basis (c) Merchant shall have the right to use or display the proprietary names and symbols associated with Integrated Card Solution only while this Agreement is in (iii) Authorization is required for each installment transaction. Merchant's oor limit is zero e ect or until Merchant is noti ed by Acquirer or any appropriate Integrated Card Solution organization to cease such usage. (iv) Merchant may not deposit the rst installment transaction with Acquirer until the merchandise is shipped. Subsequent installment transactions must be (d) Merchant shall comply with all applicable MasterCard, Visa, and Discover Network rules and regulations concerning the use of service marks and copyrights deposited. owned by MasterCard, Visa, and or Discover Network. (A) at intervals of 30 days or more, or (e) Merchant shall use the proprietary names and symbols associated with Integrated Card Solution only to indicate that Cards are accepted for payment and shall (B) on the anniversary date of the transaction (i.e. the same date each month) not indicate, directly or indirectly, that Acquirer. MasterCard, Visa, or any Integrated Card Solution organization endorses Merchant's products or services. (v) in addition to Merchant's name, an appropriate installment transaction descriptor (e.g. one of ve, two of ve) must be included in the Merchant name eld (f) Merchant shall not refer to MasterCard, Visa, or Discover Network in stating eligibility for its products, services or memberships. of the clearing record. 1.03 Card Examination (e) An imprint of the card is required whenever card is present. (a) Merchant agrees to con rm that user is cardholder. 1.09 Vehicle Rental Transactions (b) Merchant agrees to examine any card security features (such as hologram) included on the Card. Merchant shall compare the embossed account number on Regardless of the terms and conditions of any written preauthorization form, the sales slip amount for any vehicle rental transaction shall include only that portion the face of the Card with the account number indent on the signature panel. of the transaction, including any applicable taxes, evidencing a bona de renting of personal property by Merchant to a customer and shall not include any (c) Merchant shall, prior to completing the transaction, check the validity date and expiration date of the Card and shall not honor any Card that is not valid or that consequential charges. Nothing herein is intended to restrict Merchant from enforcing the terms and conditions of its preauthorization form through means other has expired, without proper authorization. than a Card transaction. (d) Where the magnetic stripe on the Card is read in connection with a transaction, Merchant shall compare the embossed account number on the Card to the 1.10 Returns and Adjustments, Credit Slips number displayed or printed by the terminal to ascertain that they are the same. (a) If with respect to any transaction, any merchandise is accepted for return or any services are terminated or canceled, or any price adjustment is allowed by the (e) Except in connection with a mail order, telephone order or pre-authorized transaction, Merchant shall not complete a transaction without presentation of the Merchant (other than involuntary refunds by airlines or other carriers when required by applicable tari s and except where otherwise required by law or Card by the cardholder and a proper examination by the Merchant of the Card. governmental regulations) Merchant shall not make any cash refund to the cardholder but shall deliver promptly to Acquirer a credit slip evidencing such refund (f) If the signature panel on the card is blank, Merchant shall: or adjustments. (i) review positive identi cation to determine that user is cardholder. Such identi cation must consist of a current o cial government identi cation document (b) Each credit slip shall be signed and dated by Merchant and include the transaction date, a description of the goods returned, services canceled or adjustment (such as a passport or driver's license) that bears the cardholder's signature; and made and the amount of the credit in su cient detail to identify the transaction and the embossed data from the Card and Merchant's imprinter plate. (ii) indicate such positive identi cation (including any serial numbers and expiration date) on the sales draft if the transaction is a Visa transaction, and if (c) The refund or adjustment shall be indicated on a credit slip and may not exceed the original transaction amount permitted by law. (Such information shall not be recorded for MasterCard transactions); and (d) The Merchant may limit its return, adjustment, refund or exchange policies provided that proper disclosure is made and purchased goods or services are (iii) require cardholder to sign the signature panel before completing the transaction; and delivered to the cardholder at the time of the transaction. (iv) request authorization. (e) Proper disclosure by the Merchant must be given at the time of the transaction by printing the following words or similar wording on all copies of the sales slip (g) In the case of a Visa card, Merchant shall compare the printed issuing bank identi cation number, which is directly above the rst four digits of the embossed or invoice being presented to the cardholder for signature in letters approximately 1.4 inch high and in close proximity to the space provided for the cardholder's account number. If the printed number and the embossed number do not match, Merchant shall call the voice authorization number and request a Code 10 signature operator. (i) "NO REFUND" For a Merchant which may not accept merchandise in return or exchange and may not issue a refund to a cardholder. 1.04 Authorization (ii) "EXCHANGE ONLY" For a Merchant which may only accept merchandise in immediate exchange for similar merchandise of a price equal to the amount of the (a) Before honoring any Card, Merchant shall request authorization from Acquirer's designated authorization center. original transaction. (b) Authorization numbers or positive account number veri cation response codes, as appropriate, shall be printed legibly in the designated area on the sales slip. (iii) "IN-STORE CREDIT ONLY" For a Merchant which may accept merchandise in return and deliver to the cardholder an in-store credit for the full value of the (c) If authorization is denied, Merchant shall not complete the transaction and shall use its best e orts by reasonable and peaceful means to follow any merchandise returned which may be used only in the Merchant's place(s) of business. instructions from the authorization center. (iv) A Merchant may, if permitted by applicable law, stipulate special circumstances agreed to by the cardholder (e.g. late delivery, delivery charges or insurance (d) Merchant shall be liable to Acquirer, regardless of any authorization, if Merchant completes a transaction when the cardholder is present but does not have his charge(s) as terms of the transaction, but under no circumstance shall a surcharge be assessed for the use of a Card. The wording to appear on the sales slip shall Card, the cardholder does not sign the sales slip, or the signature on the sales slip does not match the signature appearing on the Card or the signature panel on be any special terms of the transaction(s). the card is blank. (f) Merchant must deliver to the cardholder a true and complete copy of the credit slip at the time of the credit transaction. Merchant shall not process a credit slip (e) In no event shall an authorization be deemed to be Acquirer's representation that the particular transaction is in fact a valid, authorized or undisputed without having completed the purchase transaction with the cardholder. In no event may the credit exceed the amount of the original transaction. transaction entered into by the cardholder or an authorized user of the Card. 1.11 Cash Payments, Factoring, Split Sales (f) Where authorization is requested for a transaction involving suspicious or unusual circumstances the Merchant shall call and request a "Code 10" authorization (a) Merchant shall not receive any payments from a customer for charges included on any transaction record resulting from the use of any Card, nor receive any from Acquirer's designated authorization center. payments from a cardholder to prepare and present a credit slip for the purpose or e ecting a deposit to the cardholder's account. (g) An authorization for a restaurant transaction in which a gratuity is added to the sales slip by the cardholder is valid if the total transaction amount is within 20% (b) Factoring is the act of processing a transaction that is not the result of goods or services provided or sold by the Merchant and for the bene t of others. This of the authorization amount. includes any transaction that may generate a fee to Merchant for this service. These and any like transactions are PROHIBITED under this agreement. (h) If authorization is obtained for the estimated amount of a car rental transaction, Merchant shall disclose to cardholder such amount authorized on the rental (c) Split Sales are transactions that utilize the same card, at the same time in incremental amounts to achieve a desired authorization amount. If one card is used it date. must be for the full amount of the sale. This does not apply to Installment Orders as described in 1.08 above. (i) Merchant acknowledges that EPS and/or Bank will monitor Merchant's daily deposit activity. The deposit activity should remain consistent to the "approved" 1.12 Cash Advances monthly volume and average ticket amount approved on the Merchant Agreement and Application. If the Merchant should exceed the "approved" monthly Merchant agrees not to make any cash advance to a cardholder or take any cash advances for themselves, their employees, family members or their company, volume, the Merchant acknowledges that additional documentation could be required. Merchant agrees that Bank may upon reasonable grounds suspend the either directly or by deposit to the cardholder's account. Money orders sent by wire, contribution to charitable and political organizations, tax payments, insurance disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or unusual deposit activity. EPS and/or Bank will make good premium payments for (1) one quarter year or less, alimony and child support payments, and court costs and nes shall not be considered cash advances or faith e orts to notify Merchant immediately. EPS and/or Bank shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any withdrawals. suspension of funds disbursement. 1.13 Transactions Acceptable Under This Agreement (j) In all cases the nal delivery and/or performance of all goods and/or services shall not exceed ninety (90) days from the date of the original transaction. Notwithstanding any other Sections, conditions, covenants or requirements contained herein, Merchant is approved to accept transactions, as outlined in this 1.05 Retention and Retrieval of Cards agreement in the normal course of Merchants business that are germane to Merchants business and within the "approved" average ticket and volumes for Merchant shall use its best e orts, by reasonable and peaceful means, to retain or recover a Card Merchant. Transactions should be within the reasonable context of the information provided by Merchant at the time of Application and conform to the standards (a) If Merchant receives a negative response from the account number veri cation service and until Merchant receives further instruction from Acquirer's established by S. I. C. (Standard Industry Code) that identi es their business. designated authorization center. 1.14 Disclosure and Storage or Cardholder Account Information (b) While making an authorization request. (a) Except as otherwise required by law, Merchant shall not, without the cardholders prior written consent, sell, purchase, provide, or otherwise disclose the (c) If Merchant is advised to retain the Card in response to an authorization request, or cardholder's account information or other cardholder information to any third party other than Acquirer. (d) Where the embossed account number, indent printed account number, and/or encoded account number do not match or an unexpired Card does not have (b) Merchant and/or any agent of Merchant shall store in an area limited to selected personnel and, prior to discarding, shall destroy in a manner rendering data the appropriate hologram on the Card face, or unreadable, all material containing cardholder account numbers including but not limited to card imprints, such as sales slips and credit slips, car rental (e) If the Merchant has reasonable grounds to believe the Card is counterfeit, fraudulent or stolen agreements and carbons. (f) The obligation of Merchant to retain or recover a Card imposed by this section does not authorize a breach of the peace or any injury to persons or property, (c) Merchant or any agent of Merchant shall not retain or store magnetic stripe data subsequent to the authorization of a transaction. and Merchant will hold Acquirer harmless from any claim arising from any injury to person or property or other breach of the peace. (d) Merchant will be responsible for maintaining all records of all transactions including but not limited to: original sales slips, signed sales drafts, signed credit (g) If a recovered card is retained by a law enforcement agency Merchant shall forward a legible copy of the front and back of the card to Acquirer, or other drafts, work orders, or any other document that pertains to the sales for which a credit card was used as a form of or partial payment of the subject transaction for Integrated Card Solution organization as appropriate to support payment of any applicable reward. a minimum of thirty-six (36) months from the date of the original transaction. 1.06 Completing the Transaction Record 1.15 Deposits Except as provided below, Merchant agrees to do all or the following when honoring a Card. Notwithstanding any other Sections, conditions, covenants or requirements herein, Merchant may accept deposits for goods and/or services to be performed in a (a) To enter on the sales slip the transaction date, a description of the goods or services sold, and the price thereof (including any applicable taxes) in detail timely manner. A deposit shall not be used as a payment to Merchant and is not to be used as interim nancing or a “Cash Advance” as outlined in 1.12 above. su cient to identify the transaction. Deposits, when identi ed by Acquirer, may be held in a reserve account until satisfactory completion of services and/or delivery of good can be veri ed. (b) To obtain the signature of the customer on the sales slip after the transaction amount is identi ed in the Total column. (c) To compare the signature on the sales slip and the signature panel of the Card and if the Card has a photograph of the cardholder to ascertain that the ARTICLE II PRESENTMENT PAYMENT AND CHARGE BACK customer resembles the person depicted in the photograph, and if either identi cation is uncertain, or the account numbers are not the same or Merchant otherwise questions the validity of the Card, to contact Acquirer's authorization center for instructions. 2.01 Presentment of Transaction Records to Acquirer (d) To Imprint legibly on the sales slip the embossed legends from the Card and from the merchant imprinter plate. If the imprinter does not legibly imprint the (a) Merchant may designate a third party (that does not have a direct agreement with Acquirer) as its agent for the purpose of delivering transactions embossed legends from the Card and Merchant plate. Merchant shall detail legibly the cardholder's name and account number and Merchant's name and place of data-captured at the point of sale by such agent if Merchant elects to use such third party as its agent for the direct delivery of data-captured transactions. business, as well as the name or trade style of the issuer as it appears on the face of the Card, the ICA number, the Card initials, if any, and both the e ective date Merchant agrees to the following conditions (for the purposes of this section 2.02, "Merchant" includes any agent designated by Merchant as permitted under this and expiration date. Merchant shall also record on the sales slip any other embossed data such as security symbols. section): (e) To deliver a true and completed copy of the sales slip to the customer at the time of delivery of the goods or performance of the services or for point of (i) Merchant must provide satisfactory notice to Acquirer that Merchant chooses to exercise the option speci ed above; transaction terminal transactions, at the time of the transaction. (ii) The obligation of Acquirer to reimburse Merchant for transactions is limited to the amount (less the appropriate discount fee) delivered by Merchant's (f) For transactions which originate at and are data captured using point-of-transaction terminals. Merchant must include the following information on the designated agent, and cardholder's copy or the sales draft. (iii) Merchant is responsible for any failure by its agent to comply with all applicable rules and regulation of MasterCard and Visa, including, but not limited to, (i) The cardholder account number any violation resulting in a charge back. (ii) Merchants name (b) Merchant shall present all sales data relevant to a transaction to Acquirer within the lesser of three (3) bank business days or ve (5) calendar days after the date (iii) Merchant's location code or city and state of the transaction, except that, (iv) The amount of the transaction (i) Merchant shall present no sales data until goods have been shipped or the services have been performed and Merchant has otherwise performed all or its (v) The transaction date principal obligations to the customer in connection with the transaction unless the cardholder agreed to a delayed delivery or goods and proper disclosures were (g) Transaction records must be produced for all transactions which originate at and are data captured using automated dispensing machines or limited amount made at the time of the transaction. terminals, except for transactions which originate at magnetic stripe reading telephones. Such transaction records must include at least the following information. (ii) When Merchant requests and receives authorization for delayed presentment and legibly prints on the sales slip the authorization number and the words (i) The cardholder account number "Delayed Presentment," Merchant must present the sales data within the period permitted for delayed presentment (not to exceed thirty (30) calendar days). (ii) Merchant's name (iii) If Merchant is obligated by law to retain a sales slip or return it to a buyer upon timely cancellation, Merchant must present the sales data within ten (10) (iii) the magnetic stripe reading terminal location code or city and state bank business days after the date of the transaction; and (iv) the amount of the transaction (iv) When Merchant has multiple locations or o ces and accumulates transaction records at a central facility, Merchant must present the transaction records to (v) the transaction date Acquirer within (20) calendar days after the date of the transaction. Merchants with multiple locations must deliver the transaction records in such a manner that (h) Whenever the uncoded account number cannot be read from the magnetic stripe. Merchant shall follow normal authorization procedures and complete the Acquirer is able to identify the transactions originating at each location. approved transaction using a manual imprinter. (c) Merchant shall deliver all credit data to Acquirer within three (3) bank business days after the credit transaction date, except that if Merchant has multiple 1.07 Multiple Transaction Records, Partial Consideration locations as described in subsection (b)(iv) above, Merchant must deliver the credit data to Acquirer within seven (7) business days after the transaction date. (a) Merchant must include on one transaction record the entire amount due for the transaction except in the following instances (d) Merchant shall not present to Acquirer, directly or indirectly, any transaction record that Merchant knows or should have known to be fraudulent or not (i) the transaction involves purchases made in separate departments of a multidepartment store authorized by the cardholder, that results from transaction outside Merchant's normal course of business, that results from a transaction not involving Merchant, (ii) the transaction involves delayed or amended charges for a vehicle rental transaction in which that contains the account number of a Card account issued to Merchant, or that was not the result of a transaction between Merchant and a cardholder. (A) the cardholder consented to be liable for such charges (e) If the transmission of sales data or credit data from Merchant to Acquirer is in the form of magnetic tape or electronic data, Merchant shall preserve a copy of (B) such charges consist of ancillary or corrected charges such as taxes or fuel fees, and not charges for loss, theft, damage, or tra c violations, and the sales and credit slips as per section 3.03. (C) Merchant sends the cardholder a copy of the amended or add-on-sales drafts (Sales drafts for such delayed or amended charges may be deposited (f) Merchant is prohibited from re-depositing any transaction which has previously been charged back and subsequently returned to Merchant. This prohibition without the cardholder signature provided that Merchant has cardholder's signature on le, and the words "Signature on File" are entered onto the signature applies with or without the cardholders consent or the Merchant's action. Merchant may, at its option, pursue payment from the customer in such event through panel of the sales draft). means other than a card transaction. (iii) the customer pays a portion of the transaction amount in cash, by check, with any card, or any combination of such payments at the time of the transaction 2.02 Acceptance and Discount and further provided that Merchant obtains authorization for that part of the transaction a ected with a card. (a) Subject to all terms and conditions contained herein, barring any event of insecurity as de ned in 2.03 below, and based on the proper execution and (iv) all or a portion of the goods or services are to be delivered or performed at a later date and the customer signs two separate sales slips, one of which presentment of electronic batches for settlement Acquirer will initiate payment to Merchant within three-(3) business days after the processing date of the represents a deposit and the second of which represents payment of the balance, and the balance sales slip is completed only upon delivery of the goods or received batch for the total face amount of each Sales Draft less any Credits, Discounts, Fees, Reserve Deposits or adjustments. However, Acquirer cannot performance of the services in which case Merchant agrees guarantee the timeliness with which any payment may be credited by Merchant's Bank to Merchant's account and such payments will be subject to Merchant's (A) to note on the sales slips the word "deposit" or "balance" as appropriate and the words "Delayed Delivery" Bank’s funds availability policies. All payments, credits, and charges are subject to audit and nal checking by Acquirer, and prompt adjustments shall be made for (B) if the total amount of the two slips exceeds the applicable oor limit, to obtain prior authorization and note the authorization date and approval code on inaccuracies discovered. the sales slips, and 2.03 Insecurity (C) not to present the "balance" sales slip until all goods are delivered or all the services are performed, or (a) Notwithstanding Section 2.02 Acquirer may withhold payment to Merchant or prohibit Merchant's withdrawal of funds then on deposit with Acquirer for any of (v) the cardholder is using the installment payment option o ered in accordance wit section 1.08 the following reasons; (b) Merchant agrees not to divide a single transaction between two or more transaction records to avoid obtaining an authorization (i) Acquirer is suspicious of any transaction records; (c) For sales processed at electronic P.O.S. terminals, multiple items individually billed to the same account will not be considered a violation of this Agreement if (ii) Merchant's volume of sales exceeds a stipulated amount or amounts that are typically generated during a particular period; separate authorizations are obtained for each item. (iii) Merchant's average ticket amount exceeds a stipulated amount; (iv) Merchant does not swipe Cards through electronic terminals; 1.08 Telephone Order, Mail Orders, Preauthorized Orders and Installment Orders (v) Merchant fails to authorize transaction; (a) If a Card transaction is made by telephone order (TO), mail order (MO), or preauthorized order (PO), the sales slip may be completed without a customer's (vi) Acquirer receives excessive retrieval request against Merchant's account as prior activity. signature or a Card imprint, but Merchant shall (vii) Excessive charge back's are debited against Merchant's account as prior activity; or (i) print legibly on the sales slip su cient information to identify the card issuer, Merchant and the cardholder including, Merchants name and address, the Card (view) If for any other reason Acquirer reasonably determines that withholding funds or preventing withdrawal of funds previously deposited with Acquirer is issuers name or trade style, ICA number and bank initials (if any), the account number, the expiration date and any e ective date on the Card the cardholder's necessary to cover anticipated charges from Merchant's Card activities. name, and any company name, and (b) In the event of the use of any provision in 2.03 (a) above it may be determined that a Pledged Reserve Account for Merchant must be established. This Account (ii) print legibly on the signature line of the sales slip the letter "TO", "MO" or "PO" (Recurring transaction' for Visa transaction), as appropriate can consist of an initial contribution requirement, a diversion of a percentage or all of current and/or future transactions or any combination thereof as determined (iii) obtain authorization for every sale for MO and TO( transactions, authorization must be obtained no more than seven calendar days prior to the transaction by Acquirer. Funds held will remain on deposit with Acquirer for a period of two-(2) years or until Acquirer determines, in its sole and absolute discretion, that the date. Merchant shall attempt to obtain the expiration date of the Card as part of the authorization inquiry. risk of charges to the Merchant's account has past. (b) in any non-imprint transaction (and whenever an expired Card is presented regardless of whether imprinted), Merchant shall be deemed to warrant the (c) Pledged Reserve Accounts can be applied to any debt of merchant to Acquirer and/or EPS. customer's true identity as an authorized user of the Card, whether or not authorization is obtained, unless Merchant obtains and notes legibly on the sales slip evidence of the customer's true identity X PW By Initialling Here You Are Con rming Acceptance and Receipt of This Agreement and a Copy Thereof
- 4. 2.04 Prohibited Payment 3.13 Payment Card Industry Data Storage Standard (PCI DSS) Merchant agrees that Acquirer has the sole right to receive payments on any accepted transaction record as long as; As a Merchant if you store Cardholder Data in any way, shape, or form you are required to maintain that information in a secure manner. The guidelines for Data (a) Acquirer has paid Merchant the amount represented by the transaction record less the discount and fees, and Storage can be found in detail at VISA.COM [type in PCI DSS in the search bar and follow the links to the information that applies to you], or contact the EPS Risk (b) Acquirer has not charged such transaction record back to Merchant unless speci cally authorized in writing by Acquirer, Merchant agrees not to make or Department at 800-863-5995. EPS will be happy to explain the process and responsibilities related to this important Integrated Card Solution requirement. attempt to make any collections on any transaction record Merchant agrees to hold in trust for Acquirer any payment Merchant receives or all or part of the 3.14 General amount of any accepted transaction record, and promptly to deliver the same in kind to Acquirer as soon as received, together with the cardholder's name and (a) The paragraph headings and captions contained in this Agreement are for convenience only, and should not be deemed to de ne, limit or describe the scope account number and any correspondence accompanying the payment. or intent of this Agreement to the extent that they con ict with the substance of this Agreement. 2.05 Chargeback (b) This Agreement shall be binding upon and inure to the bene t of the parties hereto and their successors and assigns, provided, however, this Agreement may (a) Under any one or more of the following circumstances, Acquirer may charge back to Merchant any transaction record that Acquirer has accepted , and not be assigned by Merchant without the written consent of Acquirer. Any such assignment by Merchant without Acquirer's prior written consent shall be null and Merchant shall repay Acquirer the amount represented by the transaction record plus any associated fees: void. (i) the transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, transaction (c) Should any provision of this Agreement contravene any law, or valid regulation or rule of any regulatory agency or self-regulatory body having jurisdiction over amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; either party hereto, or should any provision of this Agreement otherwise be held invalid, or unenforceable by a court or other body of competent jurisdiction, then (ii) the transaction was one which received a negative account veri cation service response (or would have received a negative account veri cation service each such provision shall be automatically terminated and performance hereof by both parties waived, and all other provisions of this Agreement then in e ect response if Merchant had contacted the service on the transaction date) and Merchant did not reject the transaction or receive prior authorization for the shall nevertheless remain in full force and e ect. transaction, as applicable; (d) No failure by Acquirer to insist upon strict performance during continuance or default hereunder, shall constitute a waiver of any such term, obligation, right or (iii) the sales slip does not contain the required imprint of a Card that was valid, e ective, and unexpired on the transaction date. remedy, or a waiver of any such default by Acquirer. (iv) the transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is (e) This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Merchant agrees that the exclusive venue for any and all not correctly and legibly included on the transaction record; proceedings relating to this Agreement shall be a court located in Colorado. (v) The transaction record is a duplicate of an item previously paid, or is one of two or more transaction records generated in a single transaction in violation of (f) Merchant will be liable for and indemnify Acquirer for any and all attorney's fees and other related costs and expenses paid or incurred by the Acquirer in the this Agreement. enforcement hereof, or in collecting any amounts due from merchant to Acquirer hereunder or resulting from any breach by Merchant of any of the terms or (vi) the cardholder disputes the execution of the transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges conditions of this Agreement. that a credit adjustment was requested and reissued or that a credit adjustment was issued by Merchant but not posted to the cardholder's account; (g) In the event of the occurrence of other disputes not covered or part of 3.13 (f ) above, the prevailing party will be entitled to receive reimbursement of all legal (vii) the price of the goods or services shown on the transaction record di ers from the amount shown on the copy of the sales slip or the receipt delivered to fees associated with the dispute. the customer at the time of the transaction; (h) Acquirer may amend this Agreement at any time without prior notice to Merchant. Such amendment shall take e ect at the time of noti cation to Merchant (viii) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection and be incorporated herein as if part of the original Agreement. with the transaction record or the transaction to which it relates. (i) All notices or other communications required to be given by either party shall be in writing and shall be hand delivered or sent by United States certi ed mail, (ix) Acquirer reasonably determines that the transaction record is fraudulent or that the related transaction is not a bona de transaction in Merchants ordinary postage prepaid, and shall be deemed to be given when hand delivered or upon deposit in the mail as indicated. Notices shall be addressed to the parties at the course or business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or o set for any address identi ed below, or such other address as may be speci ed by either party by notice to the other party. reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (j) Acquirer may appoint an agent(s) to do or take any actions that may be done or taken by Acquirer under this Agreement. (x) The transaction record arises from a mail or telephone order transaction which the cardholder disputes entering into or authorizing, or which involves an (k) This Agreement is intended by the parties as a nal expression of and a complete and exclusive statement of the terms of this Agreement, there being no account number that never existed or that never existed or that has expired and has not been renewed; conditions to the enforceability of this Agreement. This Agreement may not be supplemented or modi ed except in writing as provided for in this Agreement. (xi) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.01 of this Agreement; NOTICES: EPS (xii) Any other Merchant transaction charged back to Acquirer for whatever reason pursuant to Visa or MasterCard rules and regulations. 6472 SOUTH QUEBEC STREET (b) In the event Merchant believes a chargeback to be improper, Merchant must notify Acquirer of this in writing within the (10) calendar days of the date of the ENGLEWOOD, CO 80111 chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargeback’s that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a transaction in EPS 90 ARTICLES, TERMS AND CONDITIONS accordance with this section even if an authorization was obtained in connection with the transaction. For the sake of this Agreement, Electronic Payment Systems, LLC ("EPS") d/b/a EPS 90, 6472 S. Quebec Street, Englewood, CO 80111 and Merchant listed, if ARTICLE III MISCELLANEOUS approved by EPS, agree to enter into this Agreement and to be bound by the contractual provisions contained herein in order to receive the substantial bene ts set forth herein and which EPS would not otherwise confer upon Merchant. 3.01 Records NOW, THEREFORE, in consideration of the premises and mutual promises contained in this Agreement, the parties agree as follows: (a) Merchant shall for Visa, MasterCard, and Discover Network purposes preserve a copy of the actual paper sales slips and credit slips for at least six (6) months 1. Term after the date Merchant presents the transaction data to Acquirer, and Merchant shall make and retain for at least three (3) years from such date legible micro lm If approved, this Agreement shall be e ective from the date hereof and shall remain in full force and e ect for a period of ONE (1) year as an initial term, unless copies of both sides of such actual paper transaction records. sooner terminated as set forth herein. Upon the completion of the initial term, unless Merchant furnishes written notice of non-renewal at least THIRTY (30) days (b) Merchant agrees to immediately notify Acquirer of any merchant location(s) added after the date of this Agreement, and agrees to the establishment of a prior to completion of the then existing term, the Agreement shall renew automatically for additional ONE (1) years terms in perpetuity unless cancelled in separate processing account for said location(s). accordance with the provisions contained in the Agreement. In any event of early termination 3.02 Requests for Copies (a) all fees for the full term of the Agreement are immediately payable and Merchant hereby authorizes IPS or its’ agent to collect said fees from any account owner (a) Within one (1) business day of receipt of any request by Acquirer, Merchant shall fax or mail to Acquirer either the actual paper transaction record, if requested by Merchant and/or guarantor(s) via Automated Clearing House (ACH) transactions, by Acquirer, or a legible copy thereof (in size comparable to the actual paper transaction records), and any other documentary evidence available to Merchant and (b) all prior guarantees shall be made null and void, and reasonably requested by Acquirer to meet its obligations under law (including its obligations under the Fair Credit Billing Act) or otherwise to respond to (c) Merchant assigns all proceeds of pending conversion checks to EPS to the extent they are required to satisfy and fees that may be due EPS. Once all fees due questions concerning cardholder accounts. EPS are satis ed any remaining conversion proceeds will be distributed to Merchant ninety (90) days after the posting of the last check. (b) For purposes or retrieval of records Merchant must retain sale slips and credit slips by reference number within date sequence. 2. Termination Upon Breach (c) If Merchant does not provide a requested copy of sales slip(s) to Acquirer within the time frame speci ed, in addition to other rights and remedies available to This Agreement may be terminated immediately by EPS in the event of a breach of any representation, warranty condition, provision, section or covenant in this Acquirer under this Agreement; Agreement Merchant shall have the right to cure any breach that is susceptible of cure during the initial FIVE (5) days from the date of discovery and if the breach (i) Acquirer may charge Merchant a penalty fee, and is cured to the reasonable satisfaction of EPS, this Agreement shall not be terminated and shall continue in full force and e ect. In any event of early termination all (ii) Acquirer may charge Merchant the transaction amount of the requested sales slip, fees or the full term of the Agreement are immediately payable and Merchant hereby authorizes EPS of its’ agent to collect said fees from any account owner by (iii) Acquirer may, at its option, charge Merchant the transaction amount of the requested sales slip at the time of the request. Such amount will be reimbursed Merchant and/or guarantor(s) via Automated Clearing House (ACH) transaction. to the Merchant upon delivery of a valid and correct sales slip. 3. EPS 90 - No Credit Check Easy Payment Plan Conversion - With Guarantee 3.03 Disputes With Cardholder: Indemni cation EPS will convert commercially imprinted personal checks received by Merchant from customers through approved P.O.S. equipment and purchase all approved All disputes between Merchant and any cardholder relating to any Card transaction shall be settled between Merchant and such cardholder. Merchant shall commercially imprinted personal checks presented for payment of goods and/or services germane to the Standard Industry Code (SIC Code) that best describes indemnify and hold Acquirer harmless from all claims, liabilities, losses, and expenditures (including reasonable attorney's fees and other costs of defence) relating your business that are converted which fail to clear subject tot he following terms and conditions provided “% per check” is not waived: to or arising out of any such Card transaction and from Merchant's failure to comply with any or its obligations under this Agreement. (a) The checks are made payable to Merchant. 3.04 Excessive Chargeback’s and/or Retrievals (b) Merchant and Customer have fully completed and signed at the time of sale an “easy payment plan” form. Merchant agrees that in the event Acquirer is presented, during any monthly period, with chargeback’s and/or retrieval requests relating to the transactions of the (c) The Merchant has not accepted subsequent payment in any form for dishonored check in full or part including but not limited to cash, check, service Merchant processed by Acquirer in excess of one percent (1%) of interchange volume of such transactions, such chargeback and/or retrieval requests will performed, trade, barter or return of goods dishonored check was written for. In the event of received payment as described herein Merchant shall notify EPS conclusively be deemed to be excessive under applicable Visa, MasterCard, and Discover Network regulations which shall allow Acquirer to take such action as immediately. may be authorized herein or by applicable Visa, MasterCard, or Discover Network regulations. (d) Merchant shall not accept two party, multi-party, signature irregular, EPS declined, previously bank returned, stop, stop pay, temporary, stolen, for cash, and 3.05 Terms, Termination and Combined Terminated Merchant File checks known at time of sale to be non-negotiable may be considered non-conforming and subject to forfeiture of guarantee status. (a) The initial term of this Agreement shall be one (1) year from the date herein. Thereafter, the Agreement will automatically renew for additional one (1) year (e) The full daytime telephone number and drivers license or state issued ID number with expiration date (must be unexpired) being used as reference for the terms, unless merchant noti es acquirer of its intention not to renew the Agreement at least ninety (90) days prior to the end of the Agreement term then in e ect. writer must be clearly written on the FRONT of the check. Merchant's obligations under this Agreement remain in full force and e ect relative to all debt purchased under this Agreement. This Agreement may be (f) Merchant must warrant and attest that they have con rmed the identity of the check writer and the writer is the account holder, the writer is the named terminated at any time by Acquirer upon written notice to the Merchant. Such notice shall be e ective when hand delivered or deposited in the mail or upon any individual on the face of the check, all checks submitted and authorizations for the transaction were signed by the writer in person at the time of sale, and the later date speci ed in the notice. Acquirer may terminate this agreement without prior notice in the event Merchant is or becomes bankrupt or is unable to pay its amounts of the checks constitute full payment for the goods and/or services purchased. debts as they become due, or if Acquirer reasonably determines that Merchant has violated any term, conditions, covenant, or warranty of this Agreement, or if (g) Unless otherwise noted Merchant account deposits are forwarded to the Federal Reserve for clearing to Merchants deposit account within 24 to 72 hours from Acquirer determines in its sole discretion that Merchant has abused its privileges under this Agreement. date to present. (b) Upon the e ective date of any such termination, Merchant's rights hereunder to make Card transactions, to deposit transaction records with Acquirer and to (h) Deposits made will be total check amount minus fees due for the conversion service and prior chargebacks if any. use sales slip forms, credit slip forms, promotional material, and any other items provided by Acquirer hereunder shall cease, but Merchant's obligations in (i) If a customer's check is charged back to EPS for any reason Merchant will respond to retrieval request from EPS for same in a timely manner. In addition, connection with any transaction record accepted by Acquirer (whether before or after such termination), including without limitation Merchant's chargeback payment of funds for checks may be held back or reversed to cover chargebacks until guarantee status can be determined. obligations, shall survive such termination. (j) Merchant guarantees the availability of funds to cover chargebacks. (c) Merchant expressly acknowledges that a Combine Terminated Merchant File (CTMF) is maintained by MasterCard containing information on Merchants (k) In the event of a disputed transaction by any party, funds for same may be withheld until dispute is settled. terminated for one or more reasons speci ed in the MasterCard operating rules and regulations. Such reasons generally include, but are not limited to fraud, (l) Limits may be set for single check and daily deposit amounts. These limits may include additional time to deposit. counterfeit paper, unauthorized transactions, excessive chargeback’s, violations of Merchant Agreement or highly suspect activity Merchant acknowledges that (m) Merchant is required to cooperate with EPS and follow instructions given by EPS related to any veri cation or collection e orts. Failure to do so will result in Acquirer is required to report the Merchant business name and the names of its principles to the CTMF when Merchant is terminated due to one or more of the forfeiture of any unsecured funds. This cooperation may entail the production of the original instrument. foregoing reasons. Merchant expressly agrees and consents to such reporting by Acquirer in the event of the termination of this Agreement due to one or more of (n) Merchant must warrant and attest that proper customer noti cation will be given prior to converting checks to debits. such its sole discretion in order to secure Merchants obligations under this Agreement. Merchant agrees to execute any documents or take any actions required in (o) Merchant shall use check imaging equipment to convert checks. Conversion and/or guarantee checks are not warranted unless imaging equipment is used to order to comply with and perfect the security interest under this paragraph. Acquirer and/or EPS may, at any time there is an obligation owing from Merchant to process the transaction Acquirer and/or EPS, set o any such amounts against any deposit balances or other money now or hereafter owed Merchant by Acquirer and/or EPS without (p) In the event of termination of this Agreement by either party funds due Merchant may be held and or debited from Merchant's account to cover potential notice or demand of any kind. chargebacks. (d) This Agreement shall become e ective upon acceptance by Bank. Any party may terminate this Agreement at anytime with or without cause by providing (q) Merchant agrees to abide by and be bound to the rules and regulations of the "National Automated Clearing House Association" (NACHA), and any other entity written notice to the other parties. However, if Merchant terminates this Agreement, Bank and EPS shall have thirty (30) days from date of receipt of the notice to having authority to regulate or in any way control the use of conversion services. delete Merchant's account during which time Merchant shall remain liable for all fees and charges, including any monthly minimum processing charge. Bank or (r) Any or all guaranteed checks may be charged back in the event any fraud or deception from or by Merchant or Merchants' employees is discovered. If a EPS may terminate this Agreement immediately without prior notice if: previously guaranteed check is later found not eligible for the guarantee program it may be charged back. (i) either party has reason to believe that fraudulent Card Transactions or other activity prohibited by this agreement is occurring at any Merchant location, (s) Merchant shall not have returns for any reason that represent ve-(5)% percent of total dollar volume for any period. (ii) such action is taken to prevent loss to Bank, EPS, or Card issuers, 4. EPS 90 - Single Check Conversion - With Guarantee (iii) Merchant appears on any Integrated Card Solutions security reporting, or (iv) Bank's Merchant Acceptance Criteria changes. All rights and obligations of the EPS will convert commercially imprinted personal checks received by Merchant from customers through approved P.O.S. equipment and purchase all approved parties existing hereunder as of the e ective time of termination shall survive the termination hereof. commercially imprinted personal checks presented for payment of goods and/or services germane to the Standard Industry Code (SIC Code) that best describes 3.06 Limitation of Liability your business that are converted which fail to clear subject tot he following terms and conditions provided “% per check” is not waived: Acquirer's liability to Merchant with respect to any Card transaction shall not exceed the amount represented by the transaction less any applicable discount, and (a) All terms and conditions of 3 above and all subsections thereof apply to all transactions contemplated herein except Section 3 (b) which does not apply. Acquirer shall in no event be liable for any incidental or consequential damages whatsoever. Acquirer is not liable to Merchant for errors made by account number (b) Post dated checks do not qualify for the "Single Check Conversion Program." veri cation service or for Merchant's failure to contact same. 5. Payment To Merchant 3.07 Supplementary Documents; Fees Payment to Merchant for single check conversion program checks covered under this agreement are subject to ALL conditions contained herein and furthermore All reference herein to this "Agreement" shall collectively included current Schedules, Amendments, Merchant Application, Change Notices, Addendum, those speci cally addressed in Section 4 and all subsections thereof above. Payment for no credit check easy payment plan converted check covered under this Appendices and Attachments and associated reference materials, all or which are incorporated herein by reference and made a part of this Agreement as if fully agreement are subject to ALL conditions contained herein and furthermore those speci cally addressed in Section 3 and all subsections thereof above. In the set forth herein. Merchant agrees to pay the fees and charges identi ed in this Merchant Application or in any other schedule of fees and charges provided to event a check fails and becomes subject to the Guarantee Program, payment of the Guaranteed funds shall be made on or about the 10th or 25th (Guarantee Merchant which may be amended from time to time as provided in Section 3.16. Payment Dates) of each month for the activity prior to the last Guarantee Payment Date. (a) An Annual Fee of $85.00 will be charged to all Merchant Accounts based on the number of Active Terminals per Merchant in December of each Calendar Year 6. Miscellaneous regardless of enrolment time. This Fee is not refundable for any reason and cannot be pro-rated or abated in any way. (a) This is the entire agreement between Merchant and EPS, with respect to the subject matter hereof, and supersedes any prior agreement, discussions or 3.08 Compliance with Law correspondence, oral or written, between Merchant and EPS. The check program guidelines attached hereto are incorporated herein by reference as if set out in Merchant shall comply with all laws applicable to Merchant, Merchant's business and any Card transaction, including but not limited to and without limitation all full herein. state and federal consumer credit and consumer protection statutes and regulations and Visa, MasterCard and Discover Network regulations. (b) This Agreement and all questions arising in connection herewith shall be governed by and construed in accordance with the laws of the State of Colorado, and 3.09 Modi cation all suits hereunder or in respect hereto by either party shall be instituted in the Colorado courts or in the United States District Court for the District of Colorado This Agreement is subject to such modi cations, changes, and additions as may be required, or deemed by Acquirer to be required, by reason of any state or and in no other venue or jurisdiction. Merchant HEREBY SUBMITS TO THE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF COLORADO OR IN THE federal statute, judicial decision, MasterCard, Visa, or Discover Network rule or regulation, or the regulation or ruling of any federal agency having jurisdiction over UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND HEREBY CONSENTS TO SERVICE OF PROCESS AT MERCHANT'S ADDRESS SET FORTH Acquirer or Merchant. ABOVE. 3.10 Independent Sales Organization/Member Service Provider (c) Representations made by the Independent Contractor or their employees, representative or any other persons associated with them that are not expressly Merchant acknowledges that: contained in this Agreement ARE NOT VALID and do not apply. EPS makes no representations outside of this Agreement. If you rely on representations made by (i) Acquirer may use an independent Sales Organization (ISO) or Member Service Provider (MSP) operating under applicable Visa, MasterCard, Discover Network Contractor not contained in this Agreement you are doing so of your own free will and at your own risk and shall not place any claim of any sort on EPS for such rules and regulations who is an independent contractor and not an agent of Acquirer. reliance. (ii) No ISO or MSP has authority to execute this Agreement on Acquirers behalf or to alter the terms hereof without Acquirers prior written approval; and (d) The section headings contained in this Agreement are for convenient reference only, and shall not in any way a ect the meaning or interpretation of this (iii) Representations made by Independent Sales Organizations, Member Service Providers, contractors or their employees, coworkers, assigns, contractors or Agreement. any other persons associated with them that are not expressly contained in this Agreement ARE NOT VALID and do not apply. Acquirer makes no representations (e) Nothing contained in this Agreement shall be construed to constitute a joint venture or partnership between or among any persons or entities referred to outside of this Agreement. If you rely on representations that are not contained in this Agreement then you are doing so of your own free will and WILL NOT in any herein. way have recourse, right, claim or claim's Whatsoever against EPS, Acquirer, Integrated Card Solution, or any of their a liates or entities. (f) If any provision of this Agreement is at any time adjudged invalid or unenforceable to any extent by any court of competent jurisdiction, such provision shall be 3.11 Security Interest, Set-O deemed modi ed to the extent necessary to render it valid and enforceable and such invalidity or unenforceability shall not a ect any other provision of this To secure all obligations of Merchant to Acquirer and/or EPS arising from this Agreement and supporting Agreements to this application, Merchant hereby grants Agreement. Acquirer and/or EPS a st lien security interest on all deposits regardless of source, to Merchant's accounts, whether known or unknown at the time of application, (g) MERCHANT ACKNOWLEDGES THAT THIS IS A LEGAL DOCUMENT AFFECTING MERCHANT'S RIGHTS AND OBLIGATIONS. MERCHANT FURTHER ACKNOWLEDGES and all proceeds of said deposits. Acquirer's and EPS's rights under said security interest may be exercised by Acquirer and EPS without notice or demand of any THAT THEY HAVE BEEN ENCOURAGED TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF MERCHANT'S CHOOSING PRIOR TO ENTERING INTO THIS AGREEMENT kind by making an immediate withdrawal from or freezing said account upon Acquirer's and/or EPS's reasonable determination that a breach of any obligation of AND THAT MERCHANT HAS CONSULTED WITH SUCH COUNSEL TO THE EXTENT THEY DESIRES TO DO SO. MERCHANT ACKNOWLEDGES THAT THEY ARE ENTERING Merchant under this Agreement or any other supporting Agreement, has occurred or for any reason speci ed in section 2.03. Exercising of Acquirer's and EPS's INTO A LEGAL AND BINDING AGREEMENT AND ARE FULLY AWARE OF ALL RAMIFICATIONS THEREIN. rights pursuant to this security interest shall be in addition to any other rights of Acquirer and/or EPS under this Agreement. Acquirer and/or EPS shall also have (h) By a xing their signature(s) hereto on behalf of the Merchant, the undersigned individual(s) represent and a rm that they are binding themselves personally the right to require Merchant to furnish such other and di erent security as Acquirer and/or EPS shall deem appropriate in its sole discretion in order to secure and further that Merchant has the power and authority to enter into this Agreement and the execution and delivery of this Agreement and the performance of Merchants obligations under this Agreement. Merchant agrees to execute any documents or take any actions required in order to comply with and perfect the Merchant's obligations hereunder have been duly authorized by all necessary corporate or company action. security interest under this paragraph. Acquirer and/or EPS may, at any time there is an obligation owing from Merchant to Acquirer and/or EPS, set o any such 7. Credit Report Authorization amounts against any deposit balances or other money or hereafter owed Merchant by Acquirer and/or EPS without notice or demand of any kind. Merchant authorizes EPS to obtain an investigative and/or consumer credit report, personal and/or commercial in nature, in connection with this Agreement. 3.12 Anti Money-Laundering Policy 8. Electronic Debit/Credit Authorization In compliance with the “Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act (USA PATRIOT Act) ("Act"), Pub. Law 107-56(2001), Electronic Merchant hereby authorizes EPS, in accordance with this Agreement, to initiate debit/credit entries to Merchant's accounts. This authority is to remain in full force Payment Systems ("EPS") has adopted an Anti-Money Laundering (AML) compliance policy ("Policy"). and e ect until: It is the policy of EPS to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of (a) all obligations of Merchant to EPS that have arisen under this Agreement have been paid in full and terrorist or criminal activities. EPS is committed to AML compliance in accordance with applicable law and requires its o cers, employees and appointed (b) EPS has received written noti cation from Merchant of its termination, in such a manner as to a ord EPS reasonable opportunity to act on it. This authorization contractors, agents, and vendors to adhere to these standards in preventing the use of its products and services for money laundering purposes. extends, but is not limited to, entries to Merchant's account for fees, applied percentages, monthly minimums, chargebacks, retrievals, check rejects, and any other For the purposes of the Policy, money laundering is generally de ned as engaging in acts designed to conceal or disguise the true origins of criminally derived incidents for which funds may become due under this Agreement. proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets. Terrorist nancing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later NOTICES: EPS 90 be used for criminal purposes. 6472 SOUTH QUEBEC STREET By accepting this Agreement Merchant hereby pledges and promises not to participate in any activity that may be construed as a violation of the above noted ENGLEWOOD, CO 80111 Act and this Anti Money-Laundering Policy and shall furthermore cooperate, comply, and assist in any e orts to assure compliance by Acquirer, EPS, Integrated VER V 20090514-01 Card Solution, or Government Agency. X PW By Initialling Here You Are Con rming Acceptance and Receipt of This Agreement and a Copy Thereof
- 5. Custom Haus Custom Haus 14-56078-90 PO Box 222 Denver CO 80222 303 555-1234 2345 Broad St Denver CO 80222 303 555-5678 x 11 years EPS (Electronic Payment Systems) 8000 863 5995 6472 S. Quebec St. Denver CO 80111 Nurit 8320 1 48 RDM 6014 1 99.90 Trade Source Bank 125967890 587432 Paul Wright Owner Paul Wright 6-21-10 Paul Wright Paul Wright 6-21-10 2345 Broad St Denver CO 80222 303 555-7147 523-45-6789
- 6. PW 6-21-10
- 7. PW 6-21-10
- 8. PW 6-21-10
- 9. Bank Disclosure Page Member Bank Information Merrick Bank Merchant Services Department 135 Crossways Park Drive North, Suite A, Woodbury, NY 11797 (800) 328-9155 Important Bank Responsibilities 1. Merrick Bank is the only entity approved to extend acceptance of VISA products directly to a Merchant. 2. Merrick Bank must be a principal (signor) to the Merchant Agreement. 3. Merrick Bank is responsible for educating Merchants on pertinent VISA Operating Regulations with which Merchants must comply. 4. Merrick Bank is responsible for and must provide settlement funds to the Merchant. 5. Merrick Bank is responsible for all funds held in reserve that are derived from settlement. Merchant Information Merchant Name: _______________________________________ Custom Haus Merchant Address: _____________________________________ 2345 Broad St Denver CO 80222 Merchant Phone: _______________________________________ 303 555-1234 Important Merchant Responsibilities 1. Ensure compliance with cardholder data security and storage requirements. 2. Maintain fraud and chargebacks below thresholds. 3. Review and understand the terms of the Merchant Agreement. 4. Comply with VISA Operating Regulations. The responsibilities listed above do not supersede terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the VISA Member – Merrick Bank - is the ultimate authority should the Merchant have any problems. Paul Wright _________________________________ _________________ 6-21-10 Merchant’s Signature Date _________________________________ Paul Wright Merchant’s Printed Name & Title
- 10. MERCHANT APPLICATION APPLICATION ADDENDUM Business Name Custom Haus Agent No 4999 TERMINAL/SOFTWARE INFORMATION Does Merchant Use a Terminal or Software x Terminal Software If Software, What is the Payment Application Name If Terminal, Brand and Model Nurit 8320 RDM 6014 If Software, What is the Version of the Payment Application MERCHANT PRODUCT/SERVICE PROFILE Describe the Product or Service O ered Custom kitchen remodelling How are the Items or Services Priced (ex. computer modems, $50.00 - $250.00) $2.00 - Cabinet findings to $5,000 all inclusive packages A variety of sources, including classic findings How is the Product Manufactured and by Whom (please list manufacturers as trade references) and custom products manufactured on site Where is the Product or Service Advertised or Promoted (if publication list and attach copies of each, if online list up and running www address) Direct mail, radio, website, word of mouth How is the Product or Service Ordered or Purchased (mail order, catalogue, over the phone, in person, etc) In person How is the Product or Service Delivered In person What is the Warranty, Return, and Refund Policy 30 day guarantee - 6 month warranty Note: customer can only be charged after the product has been shipped or received and after services have been rendered. OWNERS OR OFFICERS Signature VISA & MasterCard Regulations require all Retail (Not Mail Order or Phone Order) Merchants to obtain a manual imprint of all transactions in which a card is NOT swiped through an electronic processing machine or data on that card is unreadable. This includes, but is not limited to, Voice Authorizations and Key Entered (for any reason) transactions. The imprint must include at least the following information; card number, cardholder name, card expiration date, sale amount, authorization number, Merchant name, Merchant number, sale date, brief description of product or service and cardholder’s signature. Failure to secure the above listed information and imprint of a customers’ card may result in a chargeback to Merchant that may be irreversible. I have read and fully understand the above statement. I have in my possession or I am purchasing at the time of this application a manual imprinter to facilitate the above requirements. I understand and agree to provide the above listed information. Furthermore, I understand that the providing of such is my (Merchant’s) sole responsibility. Merchant hereby warrants that all statements above are true and correct. Merchant may be subject to immediate termination should it change its product or service from the descriptions on this Addendum provided to Electronic Payment Systems, LLC without prior written approval. Print Name of Business Custom Haus X Paul Wright Signature Paul Wright Printed Name Date 6-21-10 X Signature Printed Name Date
- 11. MERCHANT APPLICATION TERMINAL INFORMATION SHEET O ce No. 4999 Agent Name Michelle McMahon TERMINAL DOWNLOAD INFORMATION Merchant Business Name Custom Haus The Merchant Will be Accepting Street Address 2345 Broad St x Amex Amex No. City Denver State CO Zip 80222 Discover Discover No. 303) 555-1234 Business Phone No. ( 303) 555-5678 Cell ( What Type of Transaction Will the Merchant be Running E-mail Address pw84@gmail.com Retail Only Tip Function EBT (food stamp bene ts) EQUIPMENT INFORMATION NEEDED What is the Type of Equipment (please identify the type and model) Hypercom Type x Nurit Type 8320 Omni Type POS System Type Gateway x Check Imager RDM 6014 Software Type Pin Pad Type Other SHIPPING INFORMATION Would you Like EPS to Ship Equipment x Yes No Your FedEx Account No. Ship to Name Custom Haus How Would you Like the Equipment to be Sent Ship to Address 2345 Broad St x Overnight Second Day Air Ground Other City Denver State CO Zip 80222 ADDITIONAL INFORMATION Would you Like Assistance With the Download or Assistance With the Software File Build x Yes No Additional Information to Assist in Proper File Set Up Agent will call for installation Comments appointment If you Are Needing Assistance or Have any Questions Please Contact Our Agent Relations at 800-863-5995
- 12. DO NOT FILL OUT DO NOT FAX
- 13. Paul Wright 6-21-10 Paul Wright Owner Custom Haus
- 14. MERCHANT APPLICATION VOIDED CHECK WE NEED TO KNOW WHERE TO PUT YOUR MONEY FROM THE CREDIT CARD SALES! Write VOID across a check from the account you would like the funds to be deposited in! Do not use a starter check or a bank deposit ticket, it must be a check with your name and address on it. YOUR MONEY WILL BE DEPOSITED DIRECTLY INTO THIS ACCOUNT! ATTACH VOIDED CHECK HERE
- 15. MERCHANT APPLICATION ATTACHMENT REMINDER WE NEED A FEW MORE DOCUMENTS! A copy of the merchant’s Business License A copy of the merchant’s Drivers License A copy of one months Credit Card Statement
- 16. Custom Haus Owner 523-45-6789 2345 Broad St Denver CO x Paul Wright 6-21-10
- 17. MERCHANT APPLICATION RECEIPT FORM Phone: 800.863.5995 Fax: 303.694.0155 MERCHANT INFORMATION Name Paul Wright Title Owner Street Address 2345 Broad St Doing Business As Custom Haus City Denver State CO Zip 80222 E-mail Address pw84@gmail.com Business Phone No. (303) 555-1234 Cell (303) 555-5678 RECEIPT PRODUCTS/SERVICES/FEES COMMENTS Registration Fee - - - - - - - - - - - - - - - - - $ 320.00 waived, trade in credit card terminal Programming Fee - - - - - - - - - - - - - - - - $ 0 Download Fee - - - - - - - - - - - - - - - - - - $ 0 Setup Fee - - - - - - - - - - - - - - - - - - - $ 0 Lease - - - - - - - - - - - - - - - - - - - - - $ 99.90 x 48 Months Discover Card Acceptance - - - - - - - - - - - - - $ 0 Debit Network Setup - - - - - - - - - - - - - - - $ 0 Additional Locations - - - - - - - - - - - - - - - $ 0 Manual Imprinter - - - - - - - - - - - - - - - - $ 29.95 Supplies - - - - - - - - - - - - - - - - - - - - $ 0 Signage and Marketing Materials - - - - - - - - - - $ 0 TOTAL $ 29.95 PAID WITH APPLICATION $ 0 BALANCE DUE $ 29.95 will collect upon installation RECEIPT SIGNATURE By signing below Merchant and individual acknowledge receipt of this form and agree to the terms and conditions referenced to herein. Furthermore Merchant acknowledges that for each service noted above they have received and accepted the terms and conditions related to those items, products, and/or services. X Paul Wright Signature Paul Wright Printed Name 6-21-10 Date XMichelle McMahon Michelle Signature Printed Name McMahon 6-21-10 Date