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<br />) <br /> <br />Electronic Check Service Agreement <br /> <br />I <br /> <br />This Agreement for Electronic Check Service ("Agreement") governs the <br />merchant processing services between the merchant that signs the Application <br />for Electronic Check Service (''you,'' ''your''), which incorporates the terms and <br />conditions here, and Bank: of America, N.A. ("we," ''us,'' "our"). This <br />Agreement is effective upon our approval of your application for Electronic <br />Check Service. The definitions, terms and conditions of the operating rules of <br />the National Automated Clearing House Association ("NACHA Rules") and <br />Visa, 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 /> <br />Recitals <br /> <br />A. You desire to allow consumers to pay for purchases of goods or services <br />or both using the Electronic Check Service. The Electronic Check Service <br />creates a one-time debit initiated by you to the consumer's asset account, <br />based on a written Authorization from the consumer. Information for <br />effecting the debit is obtained from the consumer's check at the point of <br />the in-person payment. <br /> <br />B. We are a member of Visa, U.S.A. Our Electronic Check Service is offered <br />to you in conjunction with systems support from Visa and is subject to the <br />Visa Rules. <br /> <br />I <br /> <br />C. The Electronic Check Service offers you different levels of certainty that <br />fmal payment will be received. The sub-services are referred to as: <br />Conversion Only, Verification with Conversion and Guarantee with <br />Conversion, each of which is descnbed more fully below. You have <br />selected an option of sub-services in your Electronic Check Service <br />Information Sheet, or Bank: of America, N.A. Application (either or both <br />"Application" for the purposes of this Agreement). In the event you do not <br />complete the Application section designating a particular Electronic Check <br />Service option, you will be deemed to have elected the Tiered Conversion <br />Option. <br /> <br />1 <br /> <br />I <br />