Agmt11 EPX-Electronic Payment Exchange

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Connection Agrecment, which provides policy and guidelines for the use of network and computing resources associated with the data connection. Merchant shall make anangemenLs for such installarion and the maintenancc thereof with EPX. EPX shall coordinate the installation and maintenance of the dedicated data connection. Merohant shall pay EPX For all costs related to the installation and maintenance of the dedicatcd data connection. ; 4. Bank Oblieations and Requirements. 4.1. Bank to Provide Services to Merchant. Bank agrees to sponsor MerchanPs acceptance of Cards for Transacuons. Bank and EPX, as applicable, agree to provide Merchant with the Services indicated on Schedule A, as amended from time to time by Bank or EPX, during the term of this Agreement, subject ro the tenns and conditions of this Agreement. 4.2. Daily Reconciliation ofTransactions. i. Electronically Transmitted Transacdons. Transactions will be settled on a daily basis. Bank shall deliver payment to Merchant by a credit to the Operating Account equal ro the reconciled summary of Mcrchant's total surrunary Transactions since the previous credit. This credit witl be net of following charges: 1. The sum of all Cardholder charges denied, refused or charged back; 2. All refunds processed on account of Cardholders during said time period; 3. All ta�ces, penalties, chazges and other items incurred hy Bank or EPX that are reimbursable pursuant to�this Agreement; and 4. Al] rates, fecs and chazges in Schedule B. ii. Provisional Credit. My credits to the Operating Account aze provisionel only and subject w revocation by Bank until such time that the Transac8on is final and no longer subject to chargeback by [he Issuer, CanSholder or Associazions. 43. Merchant Statement. Bank or EPX shall make available a Merchant Statement on a daily and month- end basis. All information appearing on thc Mcrchant Statemem shall be deemed accurate and affumed by Merchant unlcss Merchant objects by written notice specifying the pazticulaz item in dispute within thirty (30) days of the date of the Merchant Statement. Delivery of the Merchant Statement shall be in elecVOnic form. 4.4. Chareebacks. Bank shall be authorized to charge back to Merehant any Transactions as specified throughout this Agreement and/or under any of the following circumstauces: 1. No specific prior authorization for the "Cransaction was obtained from the EPX System; 2. T6e Transaction was based on a pre-authorization form and [he Card on which thc Authorizadon was based has been cancelled and Merchant was so notified prior to the Transaction; 3. The Card giving rise to the Transacdon was cancetled and prior to, or at t6e time of, the Transaction, Merchant received notice of the cancellation ttuough the electronic terminal, in writing or otherwise; 4. Thc Cazd expired prior to the date of the Transaction or the date of Trausacuon was prior to tt�e validation date, if any, indicated on the Cazd; 5. 1'he informauon requued in Pazagraphs 9.1 (Documenting Transactions) and 9.2.iii (Card- Not-Present Transactions) was not submitted to Bank; 6. Bank or Issuer has received a complaint from or on beha]f of a Cardholder stating that there is an unresolved dispute or defense to a charge (whcther or not valid) behveen Merchant and Cardholder, 7. The Cardholder makes a written complaint to Bank or Issuer that the Cardholder did not makc or authorize the Transaction; 3niti:ils � u` �\ Pagr, 5 i�f 19