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<br />I <br /> <br />Electronic Check Service Addendum to <br />Bank of America. N.A. Merchant Services Agreement <br /> <br />I <br /> <br />This Electronic Check Service Addendum to Bank of America, N.A. Merchant <br />Services Agreement Terms and Conditions for Electronic Check Service <br />("Addendum") incorporates and amends the Bank of America, N.A. Merchant <br />Services Agreement ("Agreement"). This Addendum governs the merchant <br />processing services between the undersigned merchant ("you," "your") and <br />Bank of America, N.A. (''we,'' "us," "our") for point-of-sale transactions for <br />which a consumer uses a check as a source document for his or her purchase of <br />goods or services as described more fully below. Capitalized terms not <br />otherwise defined herein will have the meanings set forth in the Agreement. To <br />the extent terms or provisions of this Addendum are inconsistent with the <br />Agreement, the terms of this Addendum will control Electronic Check Service <br />transactions. The definitions, terms and conditions of the operating rules of the <br />National Automated Clearing House Association (''NACHA Rules") and Visa, <br />U.S.A. ("Visa Rules") are hereby incorporated by this reference. Except as <br />specifically contradicted herein, the NACHA Rules and Visa Rules will control. <br />This Addendum is effective beginning on the date we approve your Application <br />for the Electronic Check Service. The application for Electronic Check Service <br />may be combined with the Application or may be a separate form. <br /> <br />Recitals <br /> <br />You desire to allow consumers to pay for purchases of goods or services or both <br />using the Electronic Check Service. The Electronic Check Service creates a one- <br />time debit initiated by you to the consumer's asset account, based on a written <br />Authorization from the consumer. Information for effecting the debit is obtained <br />from the consumer's check at the point of the in-person payment. <br /> <br />Our Electronic Check Service is offered to you in conjunction with systems <br />support from Visa and is subject to the Visa Rules. <br /> <br />The Electronic Check Service offers you different levels of certainty that final <br />payment will be received. The sub-services are referred to as: Conversion Only; <br />Verification with Conversion; and Guarantee with Conversion, each of which is <br />described more fully below. You have selected an option of sub-services in your <br />Application. In the event you do not complete the Application section <br />designating a particular Electronic Check Service option, you will be deemed to <br />have elected the Tiered Conversion Option. <br /> <br />1 <br /> <br />