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TransacY " -' ' -' r reassigning an Item,TeleCheck to replace the Inquiry Rate,Transaction Fee,Monthly Minimum Fee and
<br /> shall ha�6.1.D. - Page 52 >scriber on such Item.Following December Risk Charge.The"Monthly Minimum Fee"is the minimum
<br /> termination or tnis Hgreement,�uoscriber shall continue to bear total aggregate amount of Inquiry Rate fees that Subscriber shall pay on a
<br /> responsibility for any reassignments,chargebacks and adjustments monthly basis.If the total Inquiry Rate fees for Subscriber's inquiries for
<br /> made under this Section. any month are less than the Monthly Minimum Fee,then the Monthly
<br /> 1.3.7. Account Reconciliation. Payments processed by TeleCheck will Minimum Fee shall apply.The"Customer Requested Operator Call Fee"
<br /> be reflected on settlement reports made available to Subscriber by is an additional fee per operator-assisted call not requested by TeleCheck.
<br /> TeleCheck.Subscriber agrees to notifyTeleCheck promptly of any The"December Risk Surcharge"is an additional percentage charge for
<br /> discrepancy between Subscriber's records and the information provided each transaction in December.The"Monthly Statement/Processing
<br /> in the reports,or of any funding failures or errors.In the event any ECA Fee"is a monthly fee for handling Subscriber's account.The"Set Up
<br /> WarrantyTransaction is not funded or otherwise paid by TeleCheck in Fees"are fees related to the establishment and set up of the first and
<br /> accordance with Section 13.2,Subscriber is required to notifyTeleCheck subsequent locations on the TeleCheck Services.
<br /> in writing within 30 days from the date of such transaction.If Subscriber The following additional fees may be also be charged byTeleCheck:The
<br /> fails to notify TeleCheck within such 30 day period of the discrepancy, "Dual ID Surcharge"is an additional 85 basis points(0.85%)charge for
<br /> funding failure or error,TeleCheck shall have no liability and Subscriber is each transaction if the amount of the Item exceeds the MICR floor limit
<br /> precluded from asserting any claims,damages or losses arising from such established byTeleCheck for Subscriber,and Subscriber is prompted for
<br /> discrepancy,funding failure or error. but does not obtain a second form of identification.The"Funding Report
<br /> 1.3.8. "Goodwill"of a Non-Compliance Item. TeleCheck,in its Fee"is a$15.00 monthly fee to receive daily funding reports or$10.00
<br /> sole discretion,may voluntarily elect not to chargeback or reassign to monthly fee to receive weekly funding reports.The"POS Support Fee"is
<br /> Subscriber a specific non-compliance Item which fails to comply with the a$10.00 monthly fee for point of sale support services.The"Chargeback
<br /> warranty requirements set forth in Section 133.Such discretionary Fee"is a$5.00 handling fee for each chargeback of an ECA Warranty
<br /> election byTeleCheck shall not(a)constitute a course of dealing or a Transaction.The"Correction Fee"is a$5.00 fee payable on each Item
<br /> waiver of TeleCheck's right to chargeback or reassign any other Return that must be corrected due to Subscriber's error or at Subscriber's request.
<br /> Item,or(b)relate to any other past or subsequent Return Item,or(c)act The"Recovery Processing Fee"is a$5.00 fee for each Item that fails to
<br /> as a waiver of TeleCheck's right to decline to pay any other Return Item. meet warranty requirements for which TeleCheck elects,in its discretion,
<br /> to reimburse Subscriber as a"Goodwill Item"for a specific Return Item.A
<br /> 1.3.9. Reserve Account Establishment and Funding. Subscriber ���yarranty Research Fee"of$7.50 may be charged each time Subscriber
<br /> expressly authorizes TeleCheck to establish a reserve account for ECA requests substantiation of a warranty paymenUnon-payment.A"Terminal
<br /> WarrantyTransactions.The amount of the reserve account shall be set by Application Update Fee"of$25.00 per terminal shall be charged for each
<br /> TeleCheck,in its sole discretion,based upon Subscriber's processing occasion that a terminal application update is made available for additional
<br /> history and the anticipated risk of loss to TeleCheck.The reserve account features,different information or regulatory compliance.These above fees
<br /> shall be fully funded upon 3 days'notice to Subscriber or in instances of are in addition to any fees charged byTeleCheck to Subscriber under any
<br /> fraud or breach of this Agreement,the reserve account may be funded other agreement.
<br /> immediately atTeleCheck's election.The reserve account may be funded
<br /> by all or any combination of the following:(a)one or more debits to TERMS APPLICABLE ONLY TO
<br /> Subscriber's Account(and TeleCheck is hereby authorized to make such TELECHECK PAPER CHECK ACCEPTANCE WARRANTY SERVICES
<br /> debits);(b)one or more deductions or offsets to any payments otherwise 1.4. Paper Check Acceptance Warranty Services.
<br /> due to Subscriber from TeleCheck or any of its affiliates;or(c)Subscriber's 1.4.1. Description. The TeleCheck Paper Warranty services provide
<br /> delivery to TeleCheck of a letter of credit issued or established by a Subscriber with:(a)coded information to assist Subscriber in deciding
<br /> financial institution acceptable to,and in a form satisfactory to,TeleCheck. Whether or not to accept a check;and(b)warranty services for checks
<br /> In the event of termination of this Agreement by eitherTeleCheck or that meet the warranty requirements of Section 1.4.2,all in accordance
<br /> Subscriber,an immediate reserve account may be established without with this Agreement.
<br /> notice in the manner provided above.Any reserve account will be held by 1.4.2. Warranty Requirements. TeleCheck warrants the accuracy
<br /> TeleCheck for 10 months after termination of this Agreement.Subscriber's of its information provided that all requirements set forth in this Section
<br /> funds may be held in a commingled reserve account for the reserve funds are strictly met.TeleCheck agrees to purchase from Subscriber one check
<br /> of TeleCheck's subscribers without involvement by an independent escrow per Paper Warranty Transaction for which a TeleCheck Approval Code
<br /> agent,and shall not accrue interest.If Subscriber's funds in the reserve Was inaccurate;provided,however,thatTeleCheck's liability shall be
<br /> account are not sufficient to cover the delinquent fees,chargebacks or limited by the Warranty Maximum and warranty requirements,and shall
<br /> rejected and reassigned warranty Items,or any other fees and charges not exceed the amount of the check.Subscriber's sole and exclusive
<br /> due from Subscriber to TeleCheck or its affiliates,or if the funds in the remedy for breach of warranty shall be the right to require TeleCheck to
<br /> reserve account have been released,Subscriber shall immediately pay purchase such check subject to the terms and conditions contained in this
<br /> TeleCheck such sums upon request.In the event of a failure by Subscriber Agreement.Subscriber represents and warrants with respect to each
<br /> to fund the reserve account,TeleCheck may fund such reserve account in paper WarrantyTransaction submitted to TeleCheck for processing under
<br /> the manner set forth above.
<br /> this Agreement that:
<br /> 1.3.10. Fees,Rates. Subscriber shall payTeleCheck the fees and rates a. The check is a first party check drawn on Consumer's account at a
<br /> set forth on the face of this Agreement and addenda,if any,or in this United States or Canadian financial institution,completely and properly
<br /> Agreement,as changed from time to time byTeleCheck,plus all applicable filled out,and made payable to Subscriber.The name of the Consumer
<br /> taxes.The"Inquiry Rate"is the percentage rate which shall apply to the is imprinted or typed on the check by the check manufacturer.If a P.O.
<br /> face amount of each Item(up to the Warranty Maximum),for which an gox is used or an address is not imprinted by the check manufacturer,
<br /> authorization inquiry is made to TeleCheck by telephone,electronically or a physical address description is written on the check according to
<br /> otherwise.The"Transaction Fee"is the additional per transaction charge TeleCheck Operational Procedures;
<br /> for each ECA Warranty Transaction.The"One Rate"is a monthly fee for
<br /> the ECA Warranty services,and is intended to replace the Inquiry Rate, b. Subscriber made an inquiry to TeleCheck in strict accordance with
<br /> Transaction Fee,Monthly Minimum Fee,Monthly Processing/Statement TeleCheckOperational Procedures and obtained a singleTeleCheck
<br /> Fee and December Risk Charge.In order to qualify for such rate,(a) Approval Code.The transaction was not performed in an attempt to
<br /> TeleCheck must be authorized to debit all payments and other amounts avoid the warranty requirements or Warranty Maximum(as more fully
<br /> owed from Subscriber's Account,and ifTeleCheck is unable to process the described in Section 1.4.4(f)),including through split sales;
<br /> debit,an additional$10.00 processing fee will be charged,and(b) c. The transaction represents an obligation of Consumer at the point of
<br /> Subscriber represents that the Monthly CheckVolume as stated in the sale(no phone,mail or internet orders)for goods sold or rented or
<br /> face of this Agreement is accurate.Subscriber acknowledges that the fee services rendered for the price of such goods or services,and the
<br /> is tied to monthly check volume and recognizes thatTeleCheck may,in transaction is not for credit,cash or payment on an account,debt or
<br /> accordance with Section 1.1.1,increase the fee or institute traditional billing check already due Subscriber,except that a Consumer purchase
<br /> if Subscriber's monthly check volume exceeds TeleCheck's parameters.The transaction at a grocery store may also include cash back not to
<br /> "Flat Rate"is a monthly fee for the ECA Warranty services,and is intended exceed$25.00 above the purchase amount;
<br /> WFB1301 38
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