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Agmt11 Infosend, Inc.
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Agmt 11 Under 60K
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Agmt11 Infosend, Inc.
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Last modified
12/9/2013 12:29:24 PM
Creation date
12/6/2011 4:38:52 PM
Metadata
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Template:
Agreement
Contractor Name
Infosend, Inc.
PROJECT NAME
Utility Billing for Revenue Services
RMP File Number
304.5
Date
8/8/2011
Amendment
Yes
Document Relationships
Agmt11 EPX-Electronic Payment Exchange
(Attachment)
Path:
\City Clerk\Agreements\2010-2019\2011\Agmt 11 Under 60K
Agmt11 EPX-Electronic Payment Exchange (2)
(Attachment)
Path:
\City Clerk\Agreements\2010-2019\2011\Agmt 11 Under 60K
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iv. Within the sequence of web pages the cardholder accesses during the checkout <br /> process. <br /> v. Customer service contact including e-mail address or telephone number; <br /> vi. Transaction currency; <br /> vii. Export or legal restrictions; <br /> viii. Delivery policy; <br /> ix. Consumer data privacy policy; <br /> x. The security method offered for transmission of payment data such as Secure <br /> Sockets Layer or 3-D Secure; and <br /> xi. Address of the Merchant outleYs permanent establishment, including the Merchant <br /> outlet country; <br /> 1. On the same screen view as the checkout screen used to present the total <br /> purchase amount; or <br /> 2. Within the sequence of web pages the Cardholder accesses during the <br /> checkout process. <br /> 8,5 Indemnification. Merchant agrees to indemnify and hold Bank and EPX hartnless from any <br /> and all losses, claims, damages, liabilities and expenses, including attorneys' fees and costs <br /> (whether or not an attomey is an employee of or affliates, Bank or Bank's affiliates or EPX or <br /> EPX's affiliates) arising out of any of the following: <br /> i. MerchanYs failure to comply with this Agreement; <br /> ii. Any act or omission of Merchant; <br /> iii. MerchanYs failure to comply with the Manuals; <br /> iv. MerchanYs failure to comply with any bylaw, rule, regulation, guideline or policy of any <br /> Association or Issuer; <br /> v. MerchanYs failure to comply with any applicable law, rule or regulation; <br /> vi. Any Cardholder dispute conceming the quality, condition or delivery of any Merchant <br /> merchandise or the quality of performance of any Merchant service; <br /> vii. The fraud or dishonesty of Merchant or MerchanYs employees, licensees, successors, <br /> agents and/or assigns; <br /> viii. MerchanYs selection of an Intemet service provider or other telecommunication <br /> services provider; <br /> ix. The theft of, misuse of, damage to or destruction of any Software; or <br /> x. Card-Not-Present Transactions, unauthorized Transactions or prohibited Transactions. <br /> NEITHER BANK NOR EPX ShiALL BE LIABLE FOR ANY PUNITIVE, INDIRECT, SPECIAL <br /> OR CONSEQUENTIAL DAMAGES TO MERCHANT OR TO ANY THIRD PARTY IN <br /> CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE <br /> SERVICES TO BE PERFORMED BY BANK OR EPX PURSUANT TO THIS AGREEMENT. <br /> MERCHANT ACKNOWLEDGES THAT NEITHER BANK NOR EPX HAS PROVIDED ANY <br /> WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT <br /> LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br /> PURPOSE, WITH RESPECT TO ANY SOFTWARE INSTALLED OR PROVIDED BY EPX. <br /> BANK HAS NO LIABILITY WITH RESPECT TO ANY SOFTWARE. NEITHER BANK NOR <br /> EPX MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, <br /> REGARDING THE SERVICES IT PROVIDES HEREIN. SHOULD THERE BE ERRORS, <br /> OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM BANK'S OR EPX'S <br /> PERFORMANCE OR FAILURE TO PERFORM OF ANY KIND, BANK'S AND EPX'S <br /> LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS IF COMMERCIALLY <br /> REASONABLE. <br /> 9.1 Documentina Transactions. Merchant or EPX on its behalf shall submit the following <br /> information to Bank in connection with Transaction processing: <br /> i. The DBA name of Merchant, name of Merchant and MerchanYs address; <br />
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