|
<br />b)
<br />
<br />will be calculated based on the gross amount of all Visa and
<br />MasterCard transactions submitted to us. The inquiry fee will be
<br />assessed on every communication attempt from your point of
<br />sale device. Further, you will pay, in accordance with this
<br />Agreement, all fees, cost escalations, assessments, tariffs,
<br />penalties, fines or other items that may be charged, assessed or
<br />imposed under this Agreement and/or the Rules. The Visa and
<br />MasterCard interchange fees and assessments, which are
<br />separately specified on the Fee Schedule if your processing fee
<br />is slated as a per transaction dollar amount, or are part of the
<br />processing fee if it is stated as a percentage of the dollar volwne
<br />of transactions, are based on the current interchange rates and
<br />assessments set by Visa and MBsterCard. Any increases in
<br />these interchange fees and assessments will be passed through
<br />to you either as part of the separately slated interchange fees
<br />and assessments or as part of any percentage-based processing
<br />fee, You acknowledge that whenever your transactions fail to
<br />qualify for any reduced interchange fees, we will process such
<br />transactions at the applicable interchange fees as set by the
<br />applicable Card Organization, and you will pay us the
<br />corresponding interchange fees (or any percentage-based
<br />processing fee based on the corresponding interchange fees).
<br />You acknowledge that the fees specified in the Fee Schedule, as
<br />they may be updated or amended from time to time, are basic
<br />fees, the lowest discount fee you can achieve, and will apply
<br />only to Card transactions which exactly meet certain processing
<br />criteria or "qualify" for basic fees according to the Rules.
<br />Criteria for determining qualification will include, but not be
<br />limited to, whether a Card transaction is: (I) hand entered (the
<br />required data is !11U electronically captured by a point-of-sale
<br />device reading the information encoded in or on a Card); (2)
<br />voice authorized; (3) not authorized; (4) transmitted for
<br />processing within twenty-four (24) hours of the Card
<br />transaction; or (5) deemed "Non-Qualifying" by the Rules, such
<br />as, but not limited to, Card transactions involving foreign Cards
<br />or Cards issued as business, commercial, purchasing or
<br />government Cards. In the event that Card transactions
<br />submitted to us for processing only partiaDy qualify or do
<br />not at aD qualify for the qualified discount rite quoted in
<br />accordance with the Fee Scbedule and/or the Rules, you may
<br />be assessed and agree to pay an additional Non-Qualified or
<br />Mid-Qualified Surcharge if set forth on the Fee Schedule.
<br />Also, if your average ticket size and/or annualized Bankcard
<br />volwne falls below the amount shown in the Application and/or
<br />Fee Schedule for any three (3) month period, we may adjust our
<br />fees as we deem appropriate, and you will pay us the
<br />corresponding adjustments.
<br />ONLINE DEBIT CARD TRANSACTIONS ONLY: We will
<br />charge the BA MerchanfServices processing fee set forth on the
<br />attached Fee Schedule for each debit transaction submitted to
<br />each Debit Network regardless of whether such transaction is
<br />approved, declined, or determined invalid. In addition, you will
<br />be assessed for each debit transaction a Debit Network fee,
<br />which is a blended fee based on the transaction fees assessed by
<br />the various Debit Networks, The current Debit Network fee set
<br />forth on the attached Fee Schedule is based upon Debit Network
<br />fees currently in effect and upon certain sponsorship
<br />arrangements made by us with a Debit Network Sponsor
<br />(Sponsor) for your sponsorship needed to participate in each
<br />applicable Debit Network. You agree that should any Debit
<br />Network or Sponsor raise or lower its interchange fees or other
<br />charges, we will have the right to adjust your fees to reflect the
<br />increase or decrease in such fees or charges. You agree to pay
<br />for all Debit Network or Sponsor setup fees, Chargeback fees
<br />and adjustment fees including but not limited to late fees which
<br />may be imposed by Debit Networks and Sponsors. Any ~es so
<br />imposed will be exclusive of the taxes based on our net Income,
<br />We will charge you the daily/monthly fees as set forth on the
<br />Fee Schedule for the services to be provided pursuant to this
<br />Agreement and such other fees as set forth thereon and such
<br />amounts will be payable as provided for in the Fee Schedule,
<br />this Section and Section 17, Said fees may be collected
<br />hereunder in accordance with the terms and provisions of the
<br />Fee Schedule, this Section and Section 17,
<br />EDT TRANSACTIONS ONLY: We will charge you a fee for
<br />each EBT Card transaction as set forth on the attached Fee
<br />Schedule regardless of whether said transaction is approved,
<br />declined or determined invalid,
<br />
<br />c)
<br />
<br />HAMS MSA (8-2-05)
<br />
<br />Page 12 of 19
<br />
<br />d)
<br />
<br />You acknowledge that the aforesaid fees set forth on the
<br />attached Fee Schedule are based upon certain EBT Network,
<br />State, gateway and access fees currently in effect and upon
<br />certain sponsorship arrangements made by us with an EBT
<br />Network for your sponsorship needed to participate in the EBT
<br />project and to certain other States not within the EBT Project
<br />area.
<br />
<br />You agree that should any State or V.S, government entity or
<br />any of a State's or V,S, government's designated agents charge
<br />a fee or assess any charges on or in connection with EBT Card
<br />transactions then we will have the right to adjust our fees to you
<br />to reflect the increase in such fees or charges.
<br />
<br />You agree to pay for all gateway and access fees, EBT Network
<br />fees, setup, adjustment or chargeback fees which may be
<br />imposed 'by us, an EBT Network or a Slate participating in the
<br />EBT Project.
<br />
<br />You agree to pay any taxes imposed on us as a result of the
<br />services furnished to you on the transactions under and subject
<br />to this Agreement during the term of this Agreement and such
<br />taxes will be added to the charges owed to us and will be
<br />deducted from the settlement monies owed to us in accordance
<br />with the Agreement terms or immediately paid by you to us
<br />upon receipt of issuance. Any taxes so imposed will be
<br />exclusive of the taxes based on our net income.
<br />
<br />We will charge you the daily/monthly fees as set forth on Fee
<br />Schedule for the services to be provided pursuant to this
<br />Agreement and such other fees as set forth thereon and such
<br />amounts will be payable as provided for in Section 10. Said
<br />fees may be collected hereunder in accordance with the terms
<br />and provisions of this Section, Section 17, and the Fee
<br />Schedule,
<br />
<br />ALL CARD TRANSACTIONS: You will pay any applicable
<br />excessive Chargeback handling fees or fines imposed by the
<br />applicable Card Organization due to your excessive Chargeback
<br />volwne and any other fees or fines imposed by the applicable
<br />Card Organization for your acts or omissions or related to your
<br />submission of transactions for processing to us. H your total
<br />Visa and MasterCardChargeback items In any line of
<br />business exceed 0.5% of your total Visa and MasterCard
<br />transactions in such line of business, you will pay us, for aU
<br />Visa and MasterCard Chargebacks in excess of such 0.50/0
<br />threshold during such month in your appUcable line(s) of
<br />business, the excessive Chargeback fee shown on the Fee
<br />Schedule, in addition to the regular Chargeback fees due to us
<br />and any applicable Chargeback handling fees or fmes
<br />imposed by the applicable Card Organization. You agree to
<br />reimburse us for any fees, fines, charges, and/or penalties assessed
<br />against you or us arising from your obligations under this
<br />Agreement, At our option, we may deduct any Chargebacks,
<br />adjustments, fees, charges, obligations and other amounts you
<br />owe us pursuant to any provisions of this Agreement from any
<br />settlements due to you, or we may debit your Settlement
<br />Account for any such amounts you owe us, or we may invoice
<br />you, in which case YQU must pay us for the invoiced amounts
<br />within thirty (30) days of the date of our invoice or such shorter
<br />time as may be specified. Except for amounts we elect to
<br />collect by invoice, if there are insufficient funds available to be
<br />withheld or debited to pay amounts you owe, you must
<br />immediately reimburse us upon demand. You authorize us to
<br />debit your Settlement Account, or any other account we are
<br />otherwise authorized to debit, for any amounts due pursuant to
<br />this Agreement, or due us or any of our affiliates for any related
<br />services,
<br />
<br />If you believe that any adjustments should be made to your
<br />Settlement Account based on debits or credits we have made to
<br />your Settlement Account, including missing credits, or if you
<br />have any other questions or concerns regarding services or
<br />regarding any report or statement provided by us, you ~ust
<br />notify us in writing within forty-five (45) days after the debIt or
<br />credit in question was made or is missing, such services are
<br />performed, or such report or statement is provided. If you fail
<br />to notify us within such time period, we will not be responsible
<br />for investigating or effecting any required adjusbnents. If you
<br />notify us after such time period, we may, in our discretion,
<br />assist you in investigating whether any adjustments are
<br />appropriate and whether any amounts are due to or from other
<br />parties, but we will not have any liability to efTe~ any su~h
<br />adjustments, Any voluntary efforts by us to asstst you In
<br />
<br />I
<br />
<br />I
<br />
<br />I
<br />
|