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Home My Public Portal About2017.05.02 Point & Pay Merchant Service AgreementPoint&PaLl Client Application (Internal Use Only) Partner Code: Account Representative: Submission Date: Card Readers Quantity: 0 Price: $ Target Live Date: � -IlligN rs Client Legal Name as filed with the IRS: City of McCall Federal Tax ID: 82-600223 DBA: Address: 216 E. Park Street City: McCall State: ID Zip: 83638 Website Address: www.mccall.id.us Phone # to display on customer receipts: 208-634-7142 Primary Contact Name: Primary Phone #:. Primary Email: Pat Azbill 208-459-3611 csteam@valli.com Accounting Contact: Accounting Phone #: Accounting Email: Linda Stokes 208-634-2103 Istokes@mccall.id.us L;'.G. gllaaY, 3.5% or a min. of $2.00 for credit or debit cards to be charged to the consumer E check flat fee of $2.50. Return check charge $2.50 o ola a !ifif "lrli Software Partner: Product Name Total Annual Collections for Payment Type Average Payment Amount Highest Payment Amount 1 Utilities Water $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ f afddi,4 tTudLin�ary Deposit Structure: ■ Net Settlement Debit Product Name (or # from above) Bank Name Routing # Account # Acct Type utilities US Bank 123103729 35330059294 �ZICheck. ■Savings ■ Check. ■ Savings ■ Check. ■ Savings ■ Check. ■ Savings ■ Check. ■ Savings � Qr itge G3 The undersigned agrees to abide by the Terms itions of the Global Merchant Services Agreement, viewable at www.pointandpay.com/agreement. City Manager Signature Title Nathan Coyle J ^ 3.- — /7 Print Name Date MERCHANT SERVICES AGREEMENT This Merchant Services Agreement is in connection with the Agreement (the "Agreement") entered into by and Point and Pay, LLC (Vendor") and its Clients ("Merchant") In the event of any conflict between this Merchant Services Agreement and the Agreement, this Merchant Services Agreement shall take precedence. The purpose of this Merchant Services Agreement is to comply with MasterCard International and VISA, USA requirements that the Merchant be a signatory to a merchant agreement for credit card processing ("Merchant Services Agreement") with Global Payments Direct, Inc. ("Global Direct") and ("Member"). Merchant agrees to comply with and be bound by the rules and regulations of Visa, MasterCard and any other card association or network organization related to cardholder and transaction information security, including without limitation, Payment Card Industry (PCI) Data Security Standards, Visa's Cardholder Information Security Program and MasterCard's Site Data Protection Program, which may be modified from time to time. Merchant will not present for purchase any indebtedness that does not arise out of a transaction between a cardholder and Merchant. Merchant may elect to accept credit cards or debit/prepaid cards or both. Global Direct and Member will fund Merchant, either directly or through (Third Party Name), for daily card transactions to the designated depository account in Merchant's name listed below ("Depository Account"). Global Direct and Member will debit an account for funds owed to Global Direct and Member as a result of the processing services provided hereunder. Merchant, either by itself or through a third party, shall adequately display the card issuer service marks supplied by Global Direct or. Merchant shall cease to use or display such service marks immediately upon notice from Global Direct or upon termination of this Merchant Services Agreement. Merchant will be paid for the transactions it submits under this Merchant Services Agreement by credit to the Depository Account. Merchant represents and warrants that no one other than Merchant has any claim against such indebtedness except as authorized in writing by Member and Global Direct. Merchant hereby assigns to Member and Global Direct all of its right, title, and interest in and to all funds payable by the applicable card association or network organization in connection with the transactions submitted hereunder and agrees that Member and Global Direct have the sole right to receive payment from the applicable card association or network organization in connection with such transactions. If a cardholder disputes a transaction, if a transaction is charged back for any reason by the card issuing institution, or if Global Direct or Member has reason to believe a transaction is unauthorized or is otherwise unacceptable, the amount of such transaction may be charged back and debited from the Merchant. Neither Member nor Global Direct shall be liable for failure to provide the Services if such failure is due to any cause or condition beyond such party's reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of labor or materials, freight embargoes, unusually severe weather, breakdowns, operational failures, electrical power failures, communication failures, unavoidable delays, the errors or failures of third party systems, or other similar causes beyond such party's control. The liability of Global Direct and Member for any loss arising out of or relating in any way to this Merchant Services Agreement, the unavailability or malfunction of the Services, personal injury, or property damage, shall, in the aggregate, be limited to actual, direct, and general money damages in an amount not to exceed one (1) month's average charge paid by Merchant or Merchant's agent hereunder (exclusive of interchange fees, assessments, and any other fees or costs that are imposed by a third party in connection with Merchant's payment processing) for Services ,during the previous twelve (12) months or such lesser number of months as shall have elapsed subsequent to the effective date of this Merchant Services Agreement. This shall be the extent of Global Direct's and Member's liability arising out of or relating in any way to this Merchant Services Agreement, including alleged acts of negligence, breach of contract, or otherwise and regardless of the form in which any legal or equitable action may be brought against Global Direct or Member, whether contract, tort, or otherwise, and the foregoing shall constitute Merchant's exclusive remedy. Under no circumstances shall Global Direct or Member be liable for any lost profits, lost interest, or for special, consequential, punitive or exemplary damages arising out of or relating in any way to this Merchant Services Agreement, including but not limited to, damages arising out of placement of a Merchant's name on any terminated merchant list for any reason, even if Global Direct or Member has been advised of the possibility of such damages. Under no circumstances shall Global Direct or Member be liable for any settlement amounts pertaining to Switched Transactions; Merchant's recourse therefore shall be to the applicable card issuer. It is agreed that in no event will Global Direct or Member be liable for any claim, loss, billing error, damage, or expense arising out of or relating in any way to this Merchant Services Agreement which is not reported in writing to Global Direct by Merchant within 60 days of such failure to perform or, in the event of a billing error, within 90 days of the date of the invoice or applicable statement. Merchant expressly waives any such claim that is not brought within the time periods stated herein. Nothing in this Merchant Services Agreement shall be construed to amend the rights or remedies Vendor and Merchant have against each other under the Agreement. wS.