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6.1.D. - Page 50
<br /> This TeleChecK�ervices Hgreemenc�cne"Agreement")is entered by and between TeleCheck Services,Inc.("TeleCheck")and Subscriber as indicated on
<br /> the Merchant Processing Application("Subscriber").TeleCheck will provide the Electronic Check Acceptance�("ECA�")Warranty Services("ECA Warranty
<br /> Services")or Paper Check Acceptance Warranty Services("Paper Warranty Services")as selected in the Merchant Processing Application.Upon processing
<br /> Subscribers first check through the TeleCheck�service or from the date Subscriber is entered into the TeleCheck system as a Subscriber,whichever is
<br /> earlier(the"Effective Date"),the terms and conditions of this Agreement,including payment and the Minimum Monthly Fee,shall apply from that point
<br /> forward.Any of the TeleCheck services including,without limitation,funds settlement,billing and customer service,may be performed by one or more
<br /> of TeleCheck's affiliates.
<br /> , created pursuant to a paper check that is processed using TeleCheck's Mail
<br /> This TeleCheck Services Agreement(the"Agreement")is entered by and Order Warranty services,which are part of the Paper Warranty Services
<br /> program."NACHA Rules"means the National Automated Clearing House
<br /> between TeleCheck Services,Inc.("TeleCheck")and Subscriber as indicated Association Operating Rules and Guidelines,as amended from time to
<br /> on the Merchant Processing Application("Subscriber").TeleCheck will time,that govern the ACH Network."Paper Warranty Transaction"
<br /> provide the Electronic Check Acceptance°("ECA°")Warranty Services means a transaction for the contemporaneous purchase of goods or
<br /> ("ECA Warranty Services")or Paper Check Acceptance Warranty Services services pursuant to TeleCheck's Paper Warranty Services program.
<br /> ("Paper Warranty Services")as selected in the Merchant Processing "Return Item Fee"means any fee or exemplary damages allowed by law
<br /> Application.Upon processing Subscribers first check through the that may be assessed on a Return Item."Return Items"mean any Items
<br /> TeleCheck°service or from the date Subscriber is entered into the that are dishonored,returned,reversed,charged back or otherwise unpaid
<br /> TeleCheck system as a Subscriber,whichever is earlier(the"Effective by a Consumer's financial institution upon presentment for payment,
<br /> Date"),the terms and conditions of this Agreement,including payment regardless of the reason or timing."Returned PaymenY'means any
<br /> and the Minimum Monthly Fee,shall apply from that point forward.Any financial obligation pursuant to this Agreement not paid by Subscriber's
<br /> of the TeleCheck services including,without limitation,funds settlement, financial institution."Subscriber's AccounY'means Subscriber's financial
<br /> billing and customer service,may be performed by one or more of institution account."TeleCheck Approval Code"means(a)for warranty
<br /> TeleCheck's affiliates. services,thatTeleCheck has authorized an Item for warranty coverage
<br /> 1.1. Term,Termination and Amendment. This Agreement shall be under this Agreement,and(b)for verification services,thatTeleCheck has
<br /> effective for an initial term of 12 months from the Effective Date;provided, authorized an Item as eligible for processing."TeleCheck Operational
<br /> however,that Subscriber may terminate this Agreement if Subscriber Procedures"means TeleCheck's published policies and procedures
<br /> gives and TeleCheck receives written notice of termination within the first contained in various documents provided to Subscriber concerning the
<br /> 30 days of the TeleCheck Agreement.Thereafter,this Agreement shall services,equipment and maintenance provided pursuant to this
<br /> automatically renew for successive 12 month terms until terminated as Agreement."TeleCheck Parties"means TeleCheck and its affiliates and
<br /> provided for herein.Subscriber may terminate this Agreement at the end their respective officers,directors,employees,shareholders,agents and
<br /> of the initial term or any renewal term upon at least 30 days'prior written attorneys."Warranty Maximum"(a)for an Item processed as an ECA
<br /> notice to TeleCheck.TeleCheck reserves the right to amend,at its WarrantyTransaction means the lower of(i)the face amount of the Item;
<br /> discretion,this Agreement,including,without limitation,any addenda (ii)the amount set forth on the face of this Agreement;(iii)$25,000.00;or
<br /> (and in the case of TeleCheck,the TeleCheck Operational Procedures),by (iv)$50.00 for a Subscriber under Flat Rate billing;and(b)for an Item
<br /> providing Subscriber notice and such amendments shall be effective 30 processed as a Paper WarrantyTransaction means the lower of(i)the face
<br /> days from the date notice is mailed to Subscriber.In the eventTeleCheck amount of the Item;(ii)the amount set forth on the face of this Agreement;
<br /> changes the rates,fees or warranty limits hereunder,Subscriber may (iii)$99,999.99;or(iv)$50.00 for a Subscriber under Flat Rate billing.
<br /> terminate this Agreement upon written notice received byTeleCheck TERMS APPLICABLE ONLYTOTELECHECK ECA WARRANTY SERVICE
<br /> within such 30 day period.TeleCheck may terminate this Agreement at
<br /> any time upon notice to Subscriber.Subscriber may terminate this 1.3. ECA Warranty Services.
<br /> Agreement at anytime upon written notice if TeleCheck has failed to cure 1.3.1. Description. The TeleCheck ECA Warranty Services provide
<br /> a material breach of this Agreement within 30 days following written Subscriber with:(a)coded information to assist Subscriber in deciding
<br /> notice of that breach given by Subscriber. whether or not to accept an Item;(b)processing services;and(c)warranty
<br /> 1.2. Definitions. As used in this Agreement,the following definitions services for ECA Warranty Transactions that comply with the warranty
<br /> apply:"ACH Network"means the Automated Clearing House Network,a requirements of Section 133,all in accordance with this Agreement.
<br /> processing and delivery system that provides for the distribution and 1.3.2. Processing. For each ECA WarrantyTransaction thatTeleCheck
<br /> settlement of electronic credits and debits."Authorization ReceipY' issues a TeleCheck Approval Code that is processed byTeleCheck as an
<br /> means the written authorization receipt,in the form approved by electronic funds transfer or remotely created check,TeleCheck shall,via
<br /> TeleCheck,signed by Consumer for each ECA WarrantyTransaction. an electronic funds transfer,effect a credit to Subscriber's Account for the
<br /> "Batch"means a collection of saved transactions transmitted to TeleCheck amount of such transaction as part of a batch credit.Such credit shall
<br /> for settlement processing."Claim"means any claim,demand,directive, typically occur within 2 banking days following Subscriber's regular
<br /> suit or other proceeding,notice,damage,expense(including reasonable close-out of the point of sale terminal and transmission of the saved ECA
<br /> attorney's fees),assessment,fine or liability of any kind."Consumer" WarrantyTransactions to TeleCheck for settlement processing,provided
<br /> means a person or entity that authorizes an Item."C.O.D.Item"means an that the Batch is closed and received by TeleCheck by 9:00 p.m.Central
<br /> outstanding financial obligation created pursuant to a paper check that is Time.TeleCheck may reduce such credit,or initiate a debit,by the amount
<br /> processed using TeleCheck's C.O.D.Warranty services,which are part of of any necessary adjustments for ECA WarrantyTransactions,including,
<br /> the Paper Warranty Services program."ECA Warranty Transaction" without limitation,chargebacks or partial adjustments,to Subscriber's
<br /> means a transaction processed byTeleCheck as an electronic funds Account.TeleCheck reserves the right to dedine to process any transaction
<br /> transfer,a remotely created check or a paper check for the contempora- as an ECA WarrantyTransaction.
<br /> neous purchase of goods or services by a Consumer."Effective Date" TeleCheck shall not be liable for any delays in receipt of funds or errors in
<br /> means the earlier of the date Subscriber's first check is processed through debit and credit entries caused by third parties,including,without limita-
<br /> the TeleCheck°service or the date Subscriber is entered into the TeleCheck tion,any ACH Network participant or Subscriber's financial institution.
<br /> system as a subscriber."Hold Check Item"means an outstanding financial Notwithstanding anything contained herein to the contrary,TeleCheck
<br /> obligation created pursuant to a paper check,which is held prior to shall be entitled without notice to place a hold on or suspend payment of
<br /> deposit in the Subscriber's financial institution account,written in con- any amounts now due or hereafter to become due should an excessive
<br /> nection with the purchase of a vehicle,and processed using TeleCheck's amount of Return Items or other questionable activity occur as determined
<br /> Hold Check Warranty services,which are part of the Paper Warranty byTeleCheck in its discretion,or as otherwise required by law.In addition
<br /> Services program."Item"means any outstanding financial obligation pur- to any other remedies available to TeleCheck under this Agreement,
<br /> suant to a paper check,electronic funds transfer,remotely created check, Subscriber agrees that,if Subscriber breaches or fails to comply with this
<br /> C.O.D.Item,Hold Check Item,or Mail Order Item processed under this Agreement,TeleCheck may,with notice to be provided within 3 business
<br /> Agreement."Mail Order Item"means an outstanding financial obligation days following such action,change processing or payment terms,suspend
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