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indepen' `` ` ` -- ` -'�eck."Knowledge"is also presumed TERMS APPLICABLE ONLY TO
<br /> where tr 6.�.D. - Pag@ 54 >er's attempt to avoid warranty TELECHECK PAPER CHECK ACCEPTANCE VERIFICATION SERVICES
<br /> limitations tnrougn manipuiation of transactions,including,but not 1.5. PaperVerification Services.
<br /> limited to the splitting of a single transaction into smaller components
<br /> or resubmission of a previously denied transaction;or 1.5.1. Description. The TeleCheck Paper Check Acceptance
<br /> Verification services provide Subscriber with coded information to assist
<br /> g. Subscriber received notice that Consumer filed bankruptcy and Subscriber in deciding whether or not to accept a check.TeleCheck does
<br /> Subscriber failed to notifyTeleCheck of the bankruptcy within not guarantee the accuracy or completeness of the information provided
<br /> 3 business days of Subscriber's receipt of such notice. to Subscriber.Subscriber agrees that there shall be no payment to
<br /> Subscriber shall immediately notifyTeleCheck upon the happening of any Subscriber for any loss from transactions processed through the Paper
<br /> of the above circumstances.If the check is reassigned as provided herein, Verification services.Subscriber assumes all risks that checks accepted by
<br /> TeleCheck may debit Subscriber's Account in the amount paid by Subscriber may result in Return Items.
<br /> TeleCheckfor the check,or upon request,Subscriber shall remit the 1.5.2. Fees and Rates. Subscriber shall payTeleCheckthe fees and
<br /> amount of the check to TeleCheck.Upon reassignment of a check, rates set forth on the face of this Agreement and addenda,if any,or in this
<br /> TeleCheck shall have no further liability to Subscriber on such check. Agreement,as changed from time to time byTeleCheck,plus all applicable
<br /> Following termination of this Agreement,Subscriber shall continue to taxes.The"Transaction Fee"is the per transaction charge for each Item
<br /> bear total responsibility for any reassignments,chargebacks and for which an authorization inquiry is made to TeleCheck by telephone,
<br /> adjustments made under this Section. electronically or otherwise.The"Flat Rate"is a monthly fee for the Paper
<br /> 1.4.5. "Goodwill"of a Non-Compliance Item. TeleCheck,in its Verification service,and is intended to replace the Transaction Fee and
<br /> sole discretion,may voluntarily elect not to reassign to Subscriber a Monthly Minimum Fee.The"Monthly Minimum Fee"is the minimum
<br /> specific non-compliance Item which fails to comply with the warranty aggregate amount of Transaction Fees that Subscriber shall pay on a
<br /> requirements set forth in Section 1.4.2.Such discretionary election by monthly basis.If the total Transaction Fees for Subscriber's inquiries for
<br /> TeleCheck shall not(a)constitute a course of dealing or a waiver of any month are less than the Monthly Minimum Fee,then the Monthly
<br /> TeleCheck's right to reassign any other Return Item,or(b)relate to any Minimum Fee shall apply.The"Customer Requested Operator Call Fee"
<br /> other past or subsequent Return Item,or(c)act as a waiver of TeleCheck's is an additional fee per operator-assisted call not requested by TeleCheck.
<br /> right to decline to pay any other Return Item. The"Monthly Statement/Processing Fee"is a monthly fee for handling
<br /> 1.4.6. Fees,Rates. Subscriber shall payTeleCheckthe fees and rates Subscriber's account.The"Set Up Fees"are fees related to the
<br /> set forth on the face of this Agreement and addenda,if any,or in this establishment and set up of the first and subsequent locations on the
<br /> Agreement,as changed from time to time byTeleCheck,plus all applicable TeleCheck Services.
<br /> taxes.The"Inquiry Rate"is the percentage rate which shall apply to the The following additional fees may be also be charged byTeleCheck:The
<br /> face amount of each Item(up to the Warranty Maximum),for which an "POS Support Fee"is a$10.00 monthly fee for point of sale support
<br /> authorization inquiry is made to TeleCheck by telephone,electronically or services.A"Terminal Application Update Fee"of$25.00 per terminal
<br /> otherwise.The"Transaction Fee"is the additional per transaction charge shall be charged for each occasion that a terminal application update is
<br /> for each transaction.The"One Rate"is a monthly fee for the TeleCheck made available for additional features,different information or regulatory
<br /> service,and is intended to replace the Inquiry Rate,Transaction Fee,Monthly compliance.These above fees are in addition to any fees charged by
<br /> Minimum Fee,Monthly Processing/Statement Fee and December Risk TeleCheckto Subscriber under any other agreement.
<br /> Charge.In order to qualify for such rate,(a)TeleCheck must be authorized
<br /> to debit all payments and other amounts owed from Subscriber's Account, GENERAL TERMS APPLICABLE TO ALL TELECHECK SERVICES
<br /> and if TeleCheck is unable to process the debit,an additional$10.00 1.6. Equipment. Title to all rental equipment or equipment loaned to
<br /> processing fee will be charged,and(b)Subscriber represents that the Subscriber,if any,is retained by TeleCheck.Upon termination of this
<br /> Total Monthly Check Volume as stated in the face of this Agreement is Agreement,Subscriber,at Subscriber's expense,shall return all equipment
<br /> accurate.Subscriber acknowledges that the fee is tied to monthly check to TeleCheck in good repair,ordinary wear and tear excepted.Monthly
<br /> volume and recognizes thatTeleCheck may,in accordance with Section rental fees will apply to all months or fractions of a month any equipment
<br /> 1.1.1,increase the fee or institute traditional billing if Subscriber's monthly remains in use by or in the actual or constructive possession of Subscriber.
<br /> check volume exceedsTeleCheck's parameters.The"Flat Rate"is a TeleCheck will replace or repair equipment rented or supported by
<br /> monthly fee for the ECA Warranty services,and is intended to replace the TeleCheck upon Subscriber's request;provided,however,that a swap fee
<br /> Inquiry Rate,Transaction Fee,Monthly Minimum Fee and December Risk of$39.95 shall be charged per equipment item replaced for the Eclipse
<br /> Charge.The"Monthly Minimum Fee"is the minimum aggregate amount PaymentTerminal and a swap fee of$59.95 shall be charged per equipment
<br /> of Inquiry Rate fees that Subscriber shall pay on a monthly basis.If the item replaced for any other type of equipment.If replacement equipment
<br /> total Inquiry Rate fees for Subscriber's inquiries for any month are less than is mailed to Subscriber,it is Subscriber's responsibility to return replaced
<br /> the Monthly Minimum Fee,then the Monthly Minimum Fee shall apply. equipment to TeleCheck's office within twenty(20)business days or
<br /> The"Customer Requested Operator Call Fee"is an additional fee per Subscriber shall be deemed to have purchased and be billed for such
<br /> operator-assisted call not requested by TeleCheck.The"December Risk equipment.A fee of$40.00 per hour,plus the cost of parts,shall be
<br /> Surcharge"is an additional percentage charge for each transaction in charged for repair of any damage to the equipment rented or supported
<br /> December.The"Monthly Statement/Processing Fee"is a monthly fee byTeleCheck,ordinary wear and tear excepted.A reprogramming fee of
<br /> for handling Subscriber's account.The"Set Up Fees"are fees related to $25.00 will be charged for each occasion that a piece of equipment is
<br /> the establishment and set up of the first and subsequent locations on the reprogrammed for additional features or different information.Subscriber
<br /> TeleCheck Services. shall not permit persons other than authorized representatives ofTeleCheck
<br /> The following additional fees may be also be charged byTeleCheck:The to adjust,maintain,program or repair any equipment.Subscriber shall
<br /> "Dual ID Surcharge"is an additional 85 basis points(0.85%)charge for bear the entire risk of loss,theft or damage of or to equipment,whether
<br /> each transaction if the amount of the Item exceeds the MICR floor limit or not owned by Subscriber.There is a 90-day manufacturer's warranty on
<br /> established byTeleCheck for Subscriber,and Subscriber is prompted for purchased equipment.A fee for the shipping and handling of equipment
<br /> but does not obtain a second form of identification.The"POS Support and parts will be charged to the Subscriber.
<br /> Fee"is a$10.00 monthly fee for point of sale support services.The 1.7. Payment. All fees and charges are due upon receipt of invoice.
<br /> "Recovery Processing Fee"is a$5.00 fee for each Item that fails to meet Subscriber authorizes TeleCheck to debit from Subscriber's Account,all
<br /> warranty requirements for which TeleCheck elects,in its discretion,to payments and other amounts owed(including,without limitation,all
<br /> reimburse Subscriber as a"Goodwill Item"for a specific Return Item.A Return Items,Returned Payments,chargebacks,adjustments,fees and
<br /> "Warranty Research Fee"of$7.50 may be charged each time Subscriber charges,and delinquency charges)under this Agreement or any other
<br /> requests substantiation of a warranty payment/non-payment.A"Terminal agreement between Subscriber and TeleCheck or its affiliates,and to credit
<br /> Application Update Fee"of$25.00 per terminal shall be charged for all amounts owing to Subscriber under this Agreement to Subscriber's
<br /> each occasion that a terminal application update is made available for Account.If there are insufficient funds in Subscriber's Account to pay
<br /> additional features,different information or regulatory compliance.These amounts owed to TeleCheck or its affiliates,or if debits to Subscriber's
<br /> above fees are in addition to any fees charged by TeleCheck to Subscriber account are rejected due to ACH debit blocks,or if there are any amounts
<br /> under any other agreement. otherwise not paid by Subscriber when due,including,without limitation,
<br /> WFB1301 40
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