Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
RESOLUTION - 22-00 - 6/27/2000 - CARD PROCESSING SALES AGREEMENT
RESOLUTION NO. 22-00 A RESOLUTION AUTHORIZING THE VILLAGE TREASURER TO ENTER INTO A CARD PROCESSING SALES AGREEMENT WITH LASALLE BANK WHEREAS, it has been recommended that the best interest of the Village of Elk Grove Village would be served by accepting MasterCard, Visa and/or Discover cards for face-to-face transactions for the payment of certain authorized obligations; and WHEREAS, the Village maintains accounts at LaSalle Bank; and WHEREAS, the Village Treasurer is the custodian of all money paid into the Village. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois: Section 1: That the Village Treasurer is authorized on behalf of the Village to execute and deliver to LaSalle Bank the Merchant Processing Agreement and any other documents required in connection therewith, and if such Agreement or any other such document has heretofore been so executed and delivered such execution and delivery is hereby ratified and confirmed. Section 2: That the Village will only accept Visa, MasterCard, and Discover credit card payments. Section 3: That the Village will only accept face-to-face transactions, whereby the signature and identification of the customer may be verified. Section 4: That the Village will accept credit card payment for only those authorized obligations as itemized in the attached policy. Section 5: The term of the agreement is for a one-year period. Section 6: That this resolution shall be in full force and effect from and after is passage an approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 27th day of June 2000. APPROVED this 27th day of June 2000. ATTEST: Ann I. Walsh Village Clerk MS.rldit�di.do, 4 Craig B. Johnson Village President t Quality Checklist Merchant# 0 DBA Name ❑0�����0����7��0�����0��0❑ Legal Name©©LQ10®®��©�L�J���00�❑ ("Client-) Pricing Grid or Model #: Number of Outlets: 0 / ❑ Corporate Seal Application Signed Date: / / ❑ Articles of Incorporation Reg. Office Received Date: / / >(Business Certificate Source Code: SR—O-r ><gtale / Federal Tax ID # Region: 01 e Ode Pia : IC AE or TM or DSM Basis Points to Rep -19L(0-15) Merchant Addt'I Outlet w/different Sales Taxi. % State Cfly4=ddy Tax_ -96 ❑ Previats Processor Strrts (2 morhUhs rouser.) ❑ Terminal Agreement inandai Stmts (2 years most recent) H�Iokled Business Check (must be attached) Nt�xxes/AdslCataliogs; (MO rO oNy) ❑ Purchase Card ❑ Current Debit Processor (1 mo. stmt) ❑ Other D FEES COLLECTED (continued) lion Fee (a) Reprogram Fee $ @) (arde �) ETC or 3rd Party Check Vendor ) Check Fee Ilected: $ 19) Equipment Rental (Deposit) $ (cCESL)nM Fee col ed: $ (h) m. (F) I Imprinter Fee name(A) Equipment Lease (2 haft x lease tee) AMEX ESA Y or N TELECHECK Y or Equipment Purchase SITE VISITATIONIE - l ne x a»)Site Visitation competed ❑ Blanket Visit ❑ Visit Not Required (Licensed Professional) 1) Zone::,/ IN Business District ❑ Industrial ❑ Residential 2) location: ❑ Mall ❑ Shopping Area ❑ Isolated ❑ Home ❑ Apartment �❑ Office Other LA0 O (h 1p7 LLl}3 3) Seasonal? If Yes, List months in Operation: 41A 1A Open between to 4) External Facility D•�es�OonMumber of Levels: LJ1 Floor A2 to 4 ❑ 5 to 10 ❑ 11 or more 5) Merchant Occupies: �j 1+ y' - 00rp ❑ Ground Floor Other: �r flc m 1sr fL1 ley) WS im- _ III #Debit Networks: # _ (d) Debit set-up Fee Collected: P) (e) Other- ��\\ ""$ g) _ (Q Total Check Amt. Collect (a + b + c + d + e + f + g +h + l +)) 6) Remaining Floors Occupied By: ❑ Residential ACommemial 7) Advertising Name Display: -s ❑ Window ❑ Door 8) Approximate Square Footage: ❑ 250 ❑ 250-500 ❑ Combo ❑ Shore Front ❑ 501-2000 X2000 + 9) Inventory/Product Line Type of Product/Servfoe Sold: n-!� aR Via • 10) Operation Environment / Number of Registers: Number of Sales Staff: 11) Mall/Telephone Order Environment ZDoes a merchant accept any maillphone orders? Yes /y L) No �� Mad Order T! . + Mgne Order %+ InStore q, 1000/. .114,x- V"nn`2'e ! A„rV -" "/^9A Q9n IM jr, 7 // Offira Administrator mncr -ABOUT YOUR BUS' ?SS orn chent. ❑❑❑❑❑O❑, I❑❑❑❑ horndifferent diecidist) ❑1:1 L ��❑❑��El[I oro dracklrst) LJ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ )BA/Outlet El ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ Head Office lame Name hltlet - Head Office :ontact Person SLE Contact Person $ wilet Address Head Off" 40. P.O. Box) Ym aieum vd/VAi Address D' W6Y- ,/ K9-17) IV !'TY tate Zip code VUQ I Other.. State t, Zip code O """'tile hone (W) 439— 3900 Phone (Nl )*g -.5w Alm de of Signer: ` 1,Q C oferArinual MC/Visa Volume for this Outlet $ ales Slip Storage: enchant O FDMS (non -EDC Store # Year? fck b orie> : No Is Business Open 12 Months as0-300001/ :ales Rep # Name one only: New Merchant UAK V/, (IJ / 3 00 001 Anticipated # of Outlets .ankcode ❑ 1 Outlet w/ difflegal name to to #--------- ❑ Association Unk#--_______ orQualityControl Use Only:1 7 ordolo NCPT • NRPT . ❑ Franchise Link # PROCESSING INFORMATION Process mode (t non -EDC): 6. Mal Statements b: (Chb one) 01.Outlet 02- stints to tiew office No Re ❑ Paper Voice ❑ Tape ❑ Direct ❑ ECR ❑ Paper TembMal 07- Suppres Stints 06 - hodbce ecap, No s . BB b dress Funding will be processed vla^� ❑ Ba rkwlre 7. On your Bu aAeeeen Statement, would you like us to report FDMS will fund ether: ❑ Head Office ( I ) Each Trensacton Snles/Credt Grouped (2) Net Mloant Only Discount rate will be deduc 6. Char Staterrems will be sent O Waft Calendar Momh - Fax # - (24 hr. Actin Fax Line) - ELECTRONIC FUNDING AUTHORIZATIONNo ��: as Please attach voldeddtedchere; ""°" """""'• he orbit b process a Routing # (AW) & ©'7 I D 004 13re pooessid ug ChackAcd. # (EFr DDA#) 43 k i" DD D -L D -! O A LLQ_ _ Y oankw. a Autanated ,pkase"lhea FUNDING ACKNOWLEDGMENT 1. Automated CbMng House (ACH). 1 Idugxlot eiat dire pxMs kx my MasterCerdNlsaNiners CIe1YCane BlanchaVebit transactions will be processed and transferred to my depository (provided above) within Nro (2) hotness days in the tore a td1 is dosrid lbs 7:15 p.m: E.T.). _ 2. eankwkv. 1 acknowledge that the tools for my MastaCadYma/Diners CkbOada Bbn haDobif transactions will be processed and transferred to my depository Oro'vided above) within one (1) bushiess day from the time a batch Is dosed (by 7:15 p.m.E.T.). PROCESSING ENTITLEMENTS :TWORK: D CARDnete ❑ FDMS Nashville (957 Core) _Alliance D Other, Please Specify: Security Code: TD TYPE ACCEPTED FEOMST TYPE Chock CW m; MERCHW NWSER ;cover )<DC ❑ Auth D Deposit Only 6 0 1 1 O I 3 0 3 edk Service ❑ Split Dial D Auth Vendor: �------------ n Lic. JCB ❑ EDC ❑ Auth n Lic. Diners Club D EDC ❑ Auth lerican Express ❑ Single Settle (A) D EDC (A) ❑ Auth (A) — _ _ _ _ _ _ _ Q ESA ( "nh) - D Split Settle (R) D Split Dial/PIP (1) v T -bit Package D Alliance (777000] ;AMMP onNl ner ❑ EDC D Auth D Split Dial ❑ Yes []No (Check one) EI.IB FARGO BANK WA Ur CREEKCAUFORNTA D Purchase Card -ID # _ _ "G"-26 A4/ or to Merch. T P FDMS COPY FIRST' DATA CORP. MERCHANT' SERVTCFS MERCHANT APPLICATIOWPR.,.:ESSING AGREEMENT (cotmNUEu, C2 ® EQUIPMENT SHIPPING INSTRUCTIONS SHIPPING i mSTRUCTIONS IMPRINTERSIPLATESIPLASTICS Ship TKoer ls/Start Up Kit to: Ship Fu�ture� upplie$ to: ranter Type: Prepaid? ❑ Outiel DBAd Office ay Start ❑ Oulist DBA J-lead Office Standard ❑Yes ❑ Do not ship explain, ate:J_J— ❑ Do not ship ❑ Other explain, ❑Date Wheel ❑ No If other, give complete mailing Information below: If other, give complete mailing information below: ❑ porta Print Name: (cont'dl Name: Kcy Qty. Price (ea): • �Ov Password Protect Credits ❑ Attn: Voids Attn: ❑ rAriexyast rawle ) ❑ ❑ Reviews Address: ❑ Address; ❑ #Lon Plates City: ❑ City: Reports # Short Plates State/Zip: Tip Adjustment ❑ State0p: HOTEL TYPE: (N,£xFrpF�as ariyt t ana Plastic Cards: ❑ Yes N0 Normal Preferred (binpArttgMheadeis) / Daily Record Sheet Y/N; Contact' Phone # if ) Fax # ( ) SUPPLIES (Circle applicable items) ❑ No Supplies Terminal Tralnin Tm9rammine Sales Slips Rolf Printer Paper Slip Printer Paper (D3) 3 Part (R1) 2 Part (Model 200) Citizen (S3) 3 Part (Retail) Best time to contact merchant: (134) 4 Part (R2) 2 Part (Model 250) Verifone 250 (P900) __anVpn EST (R3) 3 Part (Model 250) Vertfone 250 ❑ Plastic Rags for clods (1-11) Sprocket Paper (T-7) (P950) Branch Deposit Only Sales Rep. will in? (H2) Hypercom Roll Paper (In -One) ❑ Yes No Business Type Rent/Lease/Purchase RetaiVRestaurani/Lodging Customer Owned Qty� Equipment Tvpe Supermarket/Car Rental/Petroleum. R Q P C 1 "rWt"l/ertnt r MEF6 11P IE R L P C R Re L S C P R L P C R Re L S C P R L P C R Re. L S C P R L P C R Re L S C P R L P C R Re L S C P R L P C R Re L S C P R L P C R Re L S C P Special Dialing Instructions (only 60 dlaracters) TERMINAL OPTIONS ❑ TeleChedk tdrde one) License # or MICR # ❑ Auto Settlement Time _an m EST ❑ Multi -Trans Timeout (secs) �ktlit ❑ Adjustment Terminal ❑ ControlPoint1# of NACS ❑ Verify Amount Prompt ❑ Print Receipt for Auth Only Trans ❑ Remove Folio Prompt ❑ Remove Room # Prompt ❑ Remove Ticket # Prompt ❑ Cash Back Option (Debit) ❑ Address Verification ❑ Server/Clerk ID Prompt ❑ Dollars in the Bank TERMINAL OPTIONS (cont'dl $ - Kcy Disable or Password Protect Credits ❑ ❑ Voids ❑ ❑ Forces ❑ ❑ Reviews ❑ ❑ Bal/Seftle ❑ ❑ Auth Only ❑ ❑ Reports ❑ ❑ Tip Adjustment ❑ ❑ HOTEL TYPE: (Ctrde a Normal Preferred Prestigious PRESTIGIOUS I L 0 1' (Cirde one) 500 1000 1500 wgqw MrM-S FARGO BANK WALNUT CHEEK, CAUFORNIA FDMS COPY For Cust Model Model Unit Price Owned Equip Nam . w/o is Track Version X 27P $ - - S- - S— — S— — S- - S — CIRCLEE E d N (01) LADCO (02) T H E R N If PC/Register list software: E Cu Trans Media Miami Herald ❑ Dining A La Card ❑ Other ❑ MERCMW SERVICES mii_nvT inn i MrrlLivmi IVIYlrr 'tFr.0011VU AUHttIVI MI (CONTIN(r" �USINESS DATA Ownership 6 Sole Ownership ❑ Partnership ❑ Public Corp. ❑ Private Corp. State Incorp. __ MorrWear Started . / If of Employees— You tdMSI Provide One of the Following: POW MTIM MI/8T P60y10E FEDEM to f) State/Federal Tax ID # _ Sales Information (for merchant, = outlet) 'roducts/ServlcesSold: {�I C�11001UPAIAT3 rotal Cash & Credit Sales: $ 4 of Visa/MasterCard sales generated through: In-store % + Mat Order% + Phone Order -/=1 OD-/ Mag swiped_9Q_% + Keyed Manually_L %-1Do`/ dafVPthone Order Sales Information 'of Days to Prepare Shipment for Delivery: 6 of Orders Delivered In: 0-7 DaysjQ,'Q_% + B-14 Days %+ 15-30 Days % + 30 Days + % - ,100% ItCNisa Sales are deposited (check one): �., ❑ Date of Order ❑ Date of Delivery Other (spectta�O _WE tetifodsing: ❑ Catalog O Brochure/Direct Mall ❑ TV/Radio ,ea tJb�Journal )R<Xher (specItyNKLVLWD.0 Phone Sales Deposit/Refund Policy Are Customers Required to Leave a Deposit? ❑ Yes i0 if Yes % Required Do you have a refund policy for your MastereardV[sa Sates?),Yes ❑ No Check the applicable refund policy: ❑ Cash ❑ Exchange O Store Credit *C(Visa Credit if MC/Visa Credit, within how many days do you submit credit transactions? )Qe-/3 Days ❑ 4-7 Days ❑ 8-14 Days ❑ Over 14 Days Previous Processor of MasterCarWsa Sales Name:_ I I .A Phone #: ( I Reason for Chai)gilnd': ❑ Rate ❑ Service O Terminated by Bank Premise$. - Is your business prendises: ❑ Rented If rented, please complete the following: Lease �i •Ti'7 Zip Business Name (2 D r pfd rCt_i Q EXDrQSZ ProductServIce Purchased ContacVAcoount If 8;ct) 3_, hp o 1,2, Phone (gy"7)GZ38-` Aoo Cin' EIK(3,roye (lQ4 tale Tl_ Business Name = 14 n p j ) a -p e -I ' Pfoduc usetvbe Purchased Contact/Account # If.i M G/a 5 oL.) Phone ( (D �O ) a(og-(o 10afty Lo m rb-4- & state Z L Business Name Product/Service Purchased r1n- r 1 04% O U cs e Y \I; C2S ContacVAOODuru# /VIA NO 'D110 T TcS?K) Phone (8c./7 ), 6Lf— 1x11 CiryGll/1QrOV2�/i dNKREFERENigE, _ ink Name �So_nl7jOrl� Contact1-10YY1�QCi�2�� Account# go ne (J I:) c6-07%— 7(,p4 ()fly()flyct�rli� p State -�l, ZW -OWNER JNFORMATIQN A Owner/PartnerAOMcar me Home Prone Sec. Sec. If ❑ ❑ ❑ - ❑ ❑. - ❑ ❑ ❑ ❑ e Home Address I Stale Zip mnd Owner/Partner/Officer The Home Phone ( Sec. Sec. # ❑ 1:11:1 - ❑ ❑ - ❑ ❑ ❑ ❑ e Home Address State Zip ur application for business credit Is denied you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact Credit ition, First Data Merchant Services Corporation, 265 Broad Hollow Road, Melville, NY, 11747, 1-800-767-2484 Ext. 2900 within 60 days from the date you are notified of our cion. We will send you a written statement of reasons for the denial within 30 days of receiving your request. ICE: The Federal Equal Credit Opportunity Act prohibits oreGtors from discriminating against credit applicants on the basis of race, color, religion, national origin, madtal status, age (provided the applicant has the capacity to enter Into a binding contract): because all or part of the applicant's income derives from public .tarxx program; or because the applicant has in good faith exercised any right under the Cormumer Credit Protection Act. The Federal agency that administers 3liance with this law concerning this creditor is the Federal Trade Commisslon, Equal Credit Opportunity, Washloglon, DC 20580. FIRST DATA CORP. �® MERCHANT IAB FARGO BANK WALNUT CREEK, CALIFORNIA SERVICES FDMS COPY MERCHANT APPLICATION/PROCESSING AGREEMENT (CONTINUED) In accordance with this Merchant AppfirationlProcessi ng Agreement, fie folow'ing schedule of Fees and other Services applies: Debit Network Set-up Application Fee: RelrrdaM. Service Fees': MosstlmlY Fee 224.S) 1 a V ' IC Plus Bundled mo-AU11-i) Miss Fee: Or Charpebackc-$+59BHler Rale Plus Ton Fee .� MC YW �js� 21�i) Terminal Depose: Reprogremming WA Foe: MIA /y. Diners; _�R _x (a1 -FI) Monthly Minimum Pros (� PAWK4e6b) Purchase Fes: kr4xkdw Fee: (w/o Tax) T x b. %( ori C/1R TXN ' �t S) P" Third Party Cheek Fee: Monthly Equipment Rental Fee " (vero Tao) i I da as eNy Ifs Service Fee�9t9�q�µµ.�,,.�.�.�¢¢(q(qvv MasherOwdrvaa b based on to foloaii.— .1.� -.y� .-_��_..u. er1/r _rmlr .rNllww„d MnLna,A r,Yme Na��l< im, Di. CARDne1v Bundled ❑ CAROnela Unbundled ❑ _ q O IC Plus Bundled IC Plus Unbundled ❑ Rale Plus Ton Fee ❑ Third Party Network ❑ MasterCard 0$16) (J4M VISA 011:) Dlmn Club as1:) S) Am Express 001:) Fee» Discover 1129,L 071JCB 061:) ETC am X167:) MC Foreign Handling =:=-426A:) N Foreign Handling CESLkW N'047-1s) DOW(CAROM PONY) Kay 0 to 5905) mcrA" Volae016-5) M(YVa VRU016-6) MCMWVRWVoke SlpnaWa Caplwe �R17:. $16"6, 2193.720 dekthe C" Deparmlent approves the Cfed. The temxla forcoloubkng the Midmm Processing Fee all be: $25.00 •••Tlnema0ty'p�r�d loved be war be darned each month, for Pr eaace d egipeant, plus taxes applicable for 48 mores h the event Cleans lease application kdoothed. h to avert Clenisleds a not equipment flan k=Mon a moahbrrar th bask said he all be charged paaret so the item ofCied's Equipment Agreement. 11) Service Fee Guamtbe- he Service Fees, as elated above. for Visa and MasterCard will be guaranteed for apelod of tree (3) yeas from dale of the Agreene L snoept that 6iey shall be afiuseed to 1911ed: (a) Any Increases or decreasas hila lNerdhMge arWor assessment portion *(it*Service Fee In mndalad by MasterCard sort Visa); and (b) The appropriate i terdarce favor as Is awsisima with the Walfift criteria d each bansaction v bmWed by Ciera as referenced I, section 2.A.5d Cient s processing Agreemem by t e process sal forth under Section M* above. (c) Iraeasas In any a= a" a telecanmudcaeeB doom a tares ivied by any state. federal a local adhorty related toter delivery d the cervices provided by FDIAS when such costs are included b tie Free; and (d) The adyuaments stated In Section (IQ below. l The Service Fee set loM above may be edjusled In FDMS's er Bark's duration m6oachely minor Respectively for the mmai ing term of tla Agresmad, In the event Clan's annualized waorMasteCard verager ticket or volumes as stead In Section M above, kls below protectors by more than Medy percent (20%); or Clent's VisalMaskrCard aveage tidal a where of the prior month I-& below lily percent 50%) of the correspaldrq month of the prior yea. v) FRMS will ro0y the Cued do (30) days prior a the effective dare of any chance to any of the nonquaameed combovts. exclusions or Service Fee Increases or decreases alar than adysmana put - tend to Sections (a)ad and Section (ill) hared, forwiich w notice will be required. h the event cat clad bmhlhales the Agreanet witch (6) months from the date of As first submission of valid Debt for badcad processing by FDMS and Baa, Client wB be�a two hundred and Sy dar ($25t otl fee for such gay bmhhation Cleans obligation th m with moped e Madhly MWm mPsocessirc Fee war ra end simullaody with FDMS's model d cold two ad fifty dollar ($250.00) ammnation Fee. In the wad tat Ciera Immmas this Agreement a668WM to to six (6) math period ndererKed above, but prior to the end of the tree (3) year teeth of ilio Agreemad, Clem we be haged one hundred ant twetr'Sve dollars ($125.00) or an anpnai equal to Chem's Monthly Mnimu t Processing Fee multiplied by to remaining months bit N time tem dila Ageem ent, whichever is less. :gent may base equipment hon Leasing Cmuum gmuai b to acre d the team ectuSmoi agreement attached b the Merchant Processing Agreement. m tla werd Clem b d0ar not approved by easkc Conoany a decides no b lease, Client wit have the option to rad squpmem for a 48 mate am p rouant to the ams d the Equipment Section rot bar h Medant's Processing Agreement. LIENT'S SIGNATURE BELOW EVIDENCES AGREEMENT TO THE TERMS ttr CUENT'S MERCHANT APMUCATIONIPROCESSING AGREEMENT, WHICH W)LUOES SCHEDULE L EQUIPMENT AGREEMENT. -FOR CLIENTS SIGNATURE OR FlRST DATA MERCHANT SERVICES CORPORATION = DBA Jj. (Subject to final approval by Bank) Signature or Corporation Date or or he statements I (we) ham made in the Merchant APdloetiavPundecalng Alinement are ave. 1(we) agree to notify FRMS and Dank of any important charges in ter rads Noted above supplied by lied. Client understands OW it Is July respamble for all Information on this Merchant Applicalk PPlacesslg Agreement and tat al such Information is nue. The Application now belongs to FDMS arid adk. 1(m) understand that the application fee hereby submitted is nonrefundable. I (we) further urderstand that a Consumer Report of each of One ofikerapartrners/proprietors/owners of ere appleam m may be requested from a Consumer Report" Agency. A Consumer Report is a routine repel on credit worthiness. frequently used by creditors. If the Application Is approved, subsequent «sumer Reports may be required or used M connection with the maintenance, updatinhp, renewal or extension of the Agreement. I (we) agree mat all business references, inducing bunks, may cease any and at as& and financial information to FDMS and Dace 1(we) agree and ackrnoWledge that ere imomathon provided M tors Client application and other relevant am& data, may be sup pied to FDMS and Back and tar affiliates. NY UNILATERAL ALTERATION, STRIKEOVER, OR MODIFICATION TO THE PREPRINTED TEXT OR LINE ENTRIES OF THIS MERCHANT APPLICATgWPROCESSING AGREEMENT SHALL E OF NO EFFECT WHATSOEVER, AND AT FDMS' AND(OR BANK'S SOLE DISCRETION, MAY RENDER THIS AGREEMENT INVALID. PERSONAL GUARANTEE ro induce and M consideration d Bank's and FDMS' axeplahce of this Marchant Applicabon/Ptacessing Agrewwri, the undersigned unconditionally guarantees mirbmance of the Client obligations under this Agreement andpayment d all sums due thereunder, and in the event d default, hereby waives Notice d Default hnd agrees to indemnify Bank d FDMS for arty and at funds due afrom Chert punsuam to the tams of this Agreement. This is a Guaranty of payment and not of ce6edion. Agnature An individual Signature An individual ® TO BE COMPLETED BY FDMS OR BANK FIRST %pproved ❑ Declined ❑ Date Accepted for Bank Authorized Officer - DATA CORP. ON BEHALF OF THE CONTRACTUAL ALLIANCE BETWEEN MMM WELLS FARGO BANK, NATIONAL ASSOCIATION AND FIRST DATA MERCIAN MERCHANT SERVICES CORPORATION ESTABLISHED PURSUANT TO SERVICES Schedule -1 lel EQUIPMENT AGPSEMENT I -Equipment fostanatNn&OpetaWsi; Ylali ft Mdattenpnset Rm>aom ent . . L :::PDMS will program lamiMf(s) faiautlntization std appropriate draft capture in the numhheas ser forth in the Merchant AppbatiorJPreceming-Agreement above. However . .. PDMS will ship.9 Clime's expresses said lermtrui(s) and printer(s) (if applicable) to -dee appropriate business location, ('lAcatfon'T of -Client set forth in the Merchant - APPliciaweelPcacessirag Agreement above.. b. PDMS will provide hien( with se reasonable number of.usmtnd Operating losbuctions/Usus-Guide as applicable ("Operating Instructions/Uaers Guide") which are: incorporated in ars Equipment Agreement, for the purpose of framing employeestoLoation a the was of.FDMS-s tummd(s) and shall also provide such additional "hmdsrou" mother training as FDMS my dozen �ne�c,e.s�s,a(('ry�� a appropriate. FDMS amend the Operating Instrumoca/Usees Guide from time, a time upon written notice a Client. Client agrees -to comply with an aPP7�aateYW ' the Open aces Guide, When'Lands-on" err otlierr g is domed a be - necesneY by PDMS. theQ)mragree6 a cooperate with PDkiSa is rt 'Mf emplayasIN muningat mutually ewvedem Ones and in making in empioyees available a the time scheduled., promptly after the completion of such naiuiregat any location W immediately upon receipt of the Operating astrucrims/U a Got& when uaiming is not deemed necessary by PDMS, PDMS shall commnce pmhwfdwg the Services dh gh the EgUVMMA i Wiwi and connected nt such L(cstwa mbject to the farther users and conditions of this Equipment Agreement- C. greementc. FDMS will provide, arcause to be providod, telephone assistance a respamu an telephoneirsimies twealy-fora (24) hours a day, Rev= 0) days a week. including. holidays. . These haus may be changed at soy time, a FDMS's sok disaetia s. FRMS and/or Authorization Services will be available Waugh installed and connected rhmind(s) - m rdne twsly twenty -fan (24) berm a day, seven (7) days a week. eacepl that Services My be intmupted for up a thirty (30) minutes in the aggregate between the hana of 12 midnight and 7 am (New Yak time) for the purpose of system maintenance. Provision of the Services may also be interrupted for mention beyond the content of FRMS . or my independent contractor utilized by FDMS in Providing Services In Client. N the event that the vAeplwx industries provided by PDMS dna nes resolve a Client's problems wish ma funceiadng anted Equipment, FDMS will provide replacement EguwmulL d. - In the event thin rented Equipment malfunctions and FRMS issues a.replusmeat forsaid Equipment Clien.sha4. within ten (10) days.of receipt of the replacement. Equipment, Wdp de andfunuioning Equipment to FDMS , Client's expense. If Client fails to so'term the malfunctioning Equipment to FRMS upon receipt of replacement Equilateral, Client will be liable for the fill repiaument value of said Equipment, as' well is for my collection and(or legal eons Incurred by PDMS in. - connection with the recovery of the m dfinictioning Equipment Notwitlesmrding the foregoing, replacement of purchased equipment shall be in accordance, with the stationary provisions sal forth in Section 4.1(b) of the pmchesetemu herein. 2. Service Interruption FDMS SHALL HAVE NO LIABILITY TO CLIENT FOR ANY IHSS OF BUSINESS OR PROFITS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY INTERRUPTION OF SERVICES FOR ANY REASON. FDMS SHALL NOT RELIABLE FOR ANY FAILURE TO PERFORM ANY OF THE TERMS OF THIS AGREEMENT, IFAND TO THE EXTENT THATSUCHFAILURE IS ATTRIBUTABLE TO ANY NATURAL CATASTROPHE COMMONLY CONSIDERED AN ACT OF GOD, ACT OF ANY GOVERNMENT AUTHORITY, WAR, STRIKE, RIOT OR CIVIL DISTURBANCE. 3. Client Obligations Relating a Equipment During the terms of this Equipment Agreement for renal equipment or for the terms of the warranty set forth in Section 4.1 for purchased equipment. Client shall not, and shall not allow others, to relocate, remove, disconnect, modify or in my way alter equipmhent by artacAment or, otherwise, wittiest first obtaining the written Permission of FRMS. Client will at all times keep Equipment in its sole possession and control and take reasonable mese a prey,", e—ndwrized persons from having seems thereto. Client will use Equipment only in the manner authorized by FDMS hereyn a�d will imrcdtntedy)ngki6 FDMS of all mentoring soy damage or hes rising out of the use or operstim of Equipment. - S During the Rome of this Equipment Agreement for menta equipment or for rhe rams of the warranty set forth in Sectiom4.1 for purchased equipment, Client shall, at Client's expense (t) provide 110 volt electric power, and provide and maintain any related power linea and octets or other som eese. necessary to operate Equipment; (ti) provide and maintain all necessary mmmmokafim linea: (ii) nuke any alw stiom to Client's premiers and perform nay other work where Equipment is to be located which may be necessary for the hatarmaw, counamm and operation of power Pubes, mum nowcations lines, and Eq Wonern: and (iv) make all necessityrepairs, to the designated pemiers required as a result of handling, moving or removing Equipment. Client shall allow PDMS, its affiliates, agents, employees, Revenue or independent carommrs, including personnel of telephone companies or other communication axmmm antra. a enter Client's premises and have access a the location of my Equipment al reasonable time to instal, modify, relocate, rename, maintain or repair Equipment. FRMS shall have no responsibility In Client or others fm any damage or injury to peraoms or property caused by any such "Penden contMc . Client must provide FRMS with thirty (30) days Imo, written notice a uquest the relocation orc ereallatim classy Equipment. ,ct# AN UPeERSTANDS D AGFlW TQT1TFMRMS SETIEORM IIySEC170N0.50R 6BELOW A5 APPLICABLE. 4JURCAASE TERh�S j} - Chem shall infer, FDWISwPumhase Fbe for the iiquiQ'menr and the receipt of Services under this Equipment Agreement, as set forth above on de Fce Schedule of the Merchant Applicadoo/Processing Agreement. Client shall also be responsible for any sinks, use a other applicable taxes. 4.1 Purchase Receipt Warranty a. For a period of twee (3) years from the date of purchase of any Equipment, FRMS warn,* that it shall replace any such malfunctioning Pq„ipmers, provided however that Clint has fiat utilized FDMS'stelephone assistance servtxs as more fully described is Satin Id and such assistance has not resolved Client's problem with said malfunctioning Equipmem. b, Notwithstanding the terms of -Section 4.1s'.ebove, FRMS will nae,be liable a Christ a be required to replace malfunctioning Equipment in the event any such E4uipment is lost; destroyed err nunlc inopuatve by reason of the oeghgenror willful acts or omissions of Client im employee, agents or customers. Na will FRMS be liable In Cliew or be required to issue replacement Equipment in the event that Client fails In comply with Section 3 above. c. Except is otherwise specifically provided in Section 4.1a show, PDMS wakes no representation or warranty, expecte or implied, is a the merchantability, condition, design, compliaihce with specifimtion a the opemlim or fiuess of my Equipment or service or any abet rephrseatatim or warranty what oevu, express or implied, with respect to my Equipment or service. FRMS shall have no liability to Clint for my ass of business or my of es incidental or constitutional damage (including, but out limited in damages for injury Is peace orproperty), arising rat of or ire cameclim with the use by Clint of any Equipment or service. 5. MONTHLY RENTAL TERMS 5.1 R. This Equipment Agreement shall contimre in fug fomx and effect untilterminated pursunt a Sectim 5.1(b) or 5.1(c) below. b. FRMS may terminate this Equipment[ Agreement at any time. Client y wran.were this Equiprd3lt i�rce'ment upon thirty (30) days written notice. If Client nationals; this Agreement prior a the end of one (1) year from ate o this Fqui Agreermear Cli is deposit will be forfeited as set face in paragraph 4.1, below. If this Equipment Agreement is terminated for any reason. Cih i6, h Cli a return 's Equipment in good waking order within we (10) days of termination. If the Client fails to shim the Equipment within ten days of on, Cli le for the replacement value of said Equipment as well as for any collection costs and/or legal costs incurred by FRMS a con with ery of said Equipment. c. If the Merchant Processing Agreement is terminated, this Equipment Agree nt will also terminate minco enty and Client will =turn FDMS's Equipment to FDMS at Chew. Expense. re FDMS will charge a monthly renal fee as stateA to the Fee Schedule act forth in Clime's Machan[ Application/Processing Agreement. 52 Service Fees and Doped( In addition an the Service pea stated in Client's Memhant Application/Processing Agreement Client shall be responsible for any sales, use m other taxes that maty arise from he receipt of Services or the use or iMtailation of Equipment exclusively. The Service Fkte(s) for each calendar month shall be rhe sum of the following acpame monthly fees, as applicable, and shall (along with any applicable tax) be deducted from the Client's wulemmm under its Merchant APplicatioNProcessing Agreement Client shall pay to FRMS s Fifty Dollar ($50.00) deposit for each piece f Fquipmem rented n the me this Agreement u signed This 550.00 deposit per Equipment will be refunded at the termination of this Equipment Agreeme tf that t mares 's qui t Agreement prim to the conclusion of one (1) year from he date of this Equipment Agreement, or terminates the M the 't per piece of Equipment will not be refunded. EDMS will refund the $50.00 deposit if FDMS tem inafea this Equipment tee or hent sing Agreement, tiuless such termination is due to Client fraud or cause. 53 Fgaiptment Warranty e. For the [ram of this agreetrgnt, FRMS Warrnma that it shall replace any malfunctioning E.quipmant, provided however, that Client has fust milired FDMS's telephone assistants services pursuant in Section It, and such assistance has nm resolved client's problem with said malfunctioning Equipment In the event rho PDMS lattice replacement Equipment, Client must comply with all terms specified in Section Id in order to avoid liability for the loss of such replaced Equipment. b. Nawitluuoding the tams of Section 5.3a above, FRMS will not be liable so Client or be stilam d to issue mplacerhhent Equipment a FDMS's expense in the event my such Equipment is loo, destroyed or nude inoperable by [coon of the negligent or willful acro or omissions of Client, its employee, agents in ctastonras. c. Except as oherwise specifically provided in Section 5.3a above, FDMS makes m representation w warranty, express or implied, as to the rrcrehenmbility. condition, design, compliance with specification or the operation or fitness of any Equipment or series m any mho representation or warranty whissoever. express or implied, with sespeet ur my Equipment or service. FRMS dull lave no liability in Client for my toss of bushier, or my other incidental or consegmxnial damage (including, but nm liminal to, damages for injury as person or property), arising out of or in connection with tae by Client of any Equipment or service. SA FRMS Equipment Ownership Equipment is the personal property of FDMS and will not be deemed for my purpose to be Insurer. FRMS shall have the right to affix or oath W all FDMS's Equipment a tag or ISW indicating its ownership of, or interest in, said Equipment. Client will not remove, m permit the removal of. my such tog or label. Client will not sell, lease, m unhber or otherwise d ispa+e of my interest in any Equipment and will kap estate free ofall liens, claims menenmMarata whosoever Client will nm be liable for ordinary ww and tear of Equipment. However, Client wit) be liable in the event any Equipment is lea, destroyed, or made inoperative by reason of the mgEgenec of or the willful acts or omissions of Client, its employees, agents or customers. Client will indemnify FDMS against any loss or destruction of my Equipment for any cause whamosm, excepting the negligence of FRMS and agras to maintain in full force and effect and to forward a copy of a.casualry insurance policy payable m FRMS covering all Equipment. 6. FORTY-EIGHT (48) MONTH RENTAL Client mid FRMS understand and agree that the Monthly Rental T m set toqAin S 5 hove ahaR bsc0oWtUt0q1xfcAIlY eBative for a 48 month non -cancelable tern[ in the event Client's lease application with ussing Cowpony is decli , if Clgtl( lyse applic him �Nied. the payment which sepresentx client's first and last months payment under such lease shall became Glint's deposit undo S Month M. [m Nat Client's application for a leasing arrangerment is accepted, the above Monthly Rental Tums shall become null and void n ihatan g client's d sion dot to lease. 7. Assignment Client may amt assign this Equipmur Agreement without FDMS's prim written consent & Mlacdiandous If any part of this Fquipmn[ Agreement shall be held to be invalid, illegal or unenforcable, the validity, legality or enforceability, of the remainder of this Equipment Agremmenl shall not in my way be affutM or inquired thereby. THIS AGREEMENT LS GOVERNED BY THE LAWS OF THE STATE OFNEW YORK and may not be modified except by written agreement bawan the prober except a otherwise provided heroin. Tho headings cemtnined herein are fm convenience of rrfaence only. Each party tepresauts to the other that it has full right, power and amli%ily to erderthis Equipm6d Agreement and to perform the carne in accordance with its respective obligations hereunder. Nothing contained in this Equipment Agreement shag be construed as constituting a partnership, joint vmtum, or agency between FDMS and Clint. nor shall the age ms. unployea, or servanm of FRMS or Client, be domed for any purpose to be the agents. employes or servmts of the abet. Client agrees to defend. indemnify and hold FDMS harmlem tom my action or thrtstured action, suit or proceedings arising out of Client's anions ander or in furtherance of this Equipment Agreement and against any and all expenses (including reasonable attorney tea), judgments, fins and amounts paid in Semement Client agrees; to reimburse PDMS for alt cons and expenses tncurted in responding to proper legal process in connection with tris Equipment Agreemeat. Notices from Client to FDMS or Bank shall be in writing sent by U.S. Registered or certified mail or overnight delivery, postage, pre -paid. mium receipt requested, or hand delivered to the following address: Errst Data Merchant Services Corporation 265 Broad Hollow Road Melville, NY 11747 Annum.: Sales Manage YkWtY<