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6.1.D. - Page 48 � � � �
<br /> Authorization/EDC Fee applies to all Visa,MasterCard and Discover Card
<br /> approvals(pre-authorizations,authorizations and authorization reversals),
<br /> All payments to Client shall be through the Automated Clearing House("ACH") denials,batch inquiries,and batch entry transactions and includes any
<br /> and shall normally be electronically transmitted directly to the Settlement transaction fees and capture fees.
<br /> Account you have designated or any successor account designated to receive An equipment rental fee will be charged each month for each piece of
<br /> provisional funding of ClienYs Card sales pursuant to the Agreement.Client
<br /> agrees that any Settlement Account designated pursuant to the preceding equipment rented,plus tax as applicable.Client will be charged for actual
<br /> sentence will be an account primarily used for business purposes.Neither Wells shipping fees for equipment and cost of supplies.
<br /> Fargo Bank,N.A.("Wells Fargo Bank")nor Wells Fargo Merchant Services,L.L.C. The parties further agree and acknowledge that,in addition to any remedies
<br /> can guarantee the timeframe in which payment may be credited by ClienYs contained herein or otherwise available under applicable law and,if(a)CLIENT
<br /> financial institution where the Settlement Account is maintained. breaches this Agreement by improperly terminating it prior to the expiration of
<br /> Client hereby authorizes Wells Fargo Bank and its authorized representative, the applicable term of the Agreement,or(b)this Agreement is terminated prior
<br /> including Wells Fargo Merchant Services,L.L.C.,to access information from the to the expiration of the applicable term of the Agreement due to an Event of
<br /> Settlement Account and to initiate credit and/or debit entries by bankwire or Default,then SERVICERS will suffer a substantial injury that is difficult or impos-
<br /> ACH transfer and to authorize your financial institution to block or to initiate, sible to accurately estimate.Accordingly,in an effort to liquidate in advance
<br /> if necessary,reversing entries and adjustments for any original entries made to the sum that should represent such damages,the parties have agreed that the
<br /> the Settlement Account and to authorize your financial institution to provide amount calculated in the manner specified below is a reasonable pre-estimate
<br /> such access and to credit and/or debit or to block the same to such account. of SERVICERS'probable loss.Such amount shall be paid to SERVICERS within
<br /> This authorization is without respect to the source of any funds in the Settlement 15 days after CLIENT's receipt of SERVICERS'calculation of the amount due.
<br /> Account,is irrevocable and coupled with an interest.This authority extends to If Client has twelve(12)or more months in Net Credit Card and Non-PIN Debit
<br /> any equipment rental or purchase agreements which may exist with Client as (MasterCard/Visa and Discover)including PIN Debit volume("Sales Volume")
<br /> well as to any fees and assessments and Chargeback amounts of whatever kind and terminates the Agreement prior to the end of the then current term of
<br /> or nature due to Wells Fargo Merchant Services,L.L.C.or Wells Fargo Bank under the Agreement,Client shall pay an early termination fee equivalent to one of
<br /> terms of this Agreement whether arising during or after termination of the the following:
<br /> Agreement.This authority is to remain in full force and effect at all times unless (i) If the ClienYs total Sales Volume for the past 12 months is less than
<br /> and until Wells Fargo Merchant Services,L.L.C.and Wells Fargo Bank have $3,000,000,the early termination fee is$500 per location;or
<br /> consented to its termination at such time and in such a manner as to afford
<br /> them a reasonable opportunity to act on it.In addition,Client shall be charged (ii) If the ClienYs total Sales Volume for the past 12 months is greater than or
<br /> ten dollars($10.00)for each ACH which cannot be processed,and all subsequent equal to$3,000,000,the early termination fee is 0.06%multiplied by the
<br /> funding may be suspended until Client either(i)notifies Wells Fargo Merchant total Sales Volume for the past 12 months.
<br /> Services,L.L.C.that ACH's can be processed or(ii)a new electronic funding If Client has less than twelve(12)months in Sales Volume and terminates the
<br /> agreement is signed by Client.ClienYs Settlement Account must be able to Agreement prior to the end of the then current term of the Agreement,Client
<br /> process or accept electronic transfers via ACH. shall pay an early termination fee equivalent to one of the following:
<br /> (i) If the ClienYs annualized Sales Volume for the past 12 months*is less than
<br /> $3,000,000,the early termination fee is$500 per location;or
<br /> Automated Clearing House(ACH).I acknowledge that the funds for MasterCard, (ii) If the ClienYs annualized Sales Volume for the past 12 months*is greater
<br /> Visa and Discover transactions will be processed and transferred to my Settle- than or equal to$3,000,000,the early termination fee is 0.06%multiplied
<br /> ment Account within two(2)Business Days from the time a Batch is closed(by by the annualized Sales Volume.
<br /> 12:00 a.m.PT)and within one(1)Business Day from the time the Batch is *If Client has less than twelve months of Sales Volume,the annualized Sales Volume is
<br /> closed(by 12:00 a.m.PT)if such account is a Wells Fargo Settlement Account. calculated by summing the monthly Sales Volume since the account was initially active,
<br /> The ACH transactions will appear on your statement as"Merchant Bnkcd': divided by the number of moths since active,and multiplied by 12.An active account is
<br /> defined as having a Sales Volume of fifty dollars($50)or greater for that month.If the
<br /> Client has three months or less of SalesVolume,the annualized SalesVolume is calculated
<br /> by using the total annual volume provided by the Client on the Application.
<br /> The fees for Services as shown on your pricing disclosure are based on the
<br /> assumption that your Credit Card and Non-PIN Debit transactions will qualify ClienYs obligation with respect to any Monthly Minimum Processing Fee
<br /> at the Anticipated Interchange Levels associated with your account. will end when SERVICERS receive the aforementioned liquidated damages.
<br /> If Client terminates this Agreement via facsimile,Client must keep a copy of
<br /> If a transaction fails to qualify for your Anticipated Interchange Levels,you will the facsimile confirmation record.This facsimile confirmation record will be
<br /> be billed a Non-Qualified Interchange Fee,plus a Non-Qualified Surcharge for required to substantiate refund offees that Client deems were incorrectly
<br /> each such non-qualifying transaction(see Section 18.1 and Glossary). assessed after the termination of the Agreement.
<br /> Your initial fees for Services are stated on your Application and may be adjusted
<br /> from time to time to reflect:
<br /> a. Any increases or decreases in the interchange and/or assessment portion of Wells Fargo Merchant Important Phone Numbers:
<br /> the fees, Services,L.L.C.: (see also Sections 33 and 53)
<br /> 1307 Walt Whitman Road Customer Service
<br /> b. The appropriate interchange level as is consistent with the qualifying criteria Melville,NY 11747 1-800-451-5817 press 1
<br /> of each transaction submitted by Client,and Attn:Sales Manager MasterCardNisa/Discover
<br /> c. Increases in any applicable sales or telecommunications charges or taxes Wells Fargo Bank: Authorization Center
<br /> levied by any state,federal or local authority related to the delivery of the 1200 Montego Way 1-800-626-4480
<br /> services provided by Wells Fargo Merchant Services,L.L.C.when such costs Walnut Creek,CA 94598 POS Help Desk
<br /> are included in the Service or other fixed fees. Attn:Merchant Services 1-800-622-0842
<br /> In addition to the Debit Card transaction fees set forth on the Application,Client
<br /> shall be responsible for the amount of any fees imposed upon a transaction by
<br /> the applicable debit network. If this application for business credit is denied you may obtain a written
<br /> statement of the specific reasons for the denial.To obtain the statement,
<br /> A Monthly Minimum Processing Fee will be calculated beginning thirty(30)days please contact Credit Initiation,1307 Walt Whitman Road,Melville,NY 11747,
<br /> after the date ClienYs Application is approved.(Refer to your pricing disclosures.) 1-800-767-2484 ext.2900,within sixty(60)days from the date you are notified
<br /> Authorization Fees are charges that apply each time you communicate directly of our decision.We will send you a written statement of reasons for the denial
<br /> with Processor. within thirty(30)days of receiving your request.
<br /> WFB1301 34
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