Common use of ACH Services Clause in Contracts

ACH Services. In providing ACH services for Customer, Metavante acts as Customers third-party service provider and is not itself an “Originator,” “ODFI” or “RDFI” (as defined under National Automated Clearing House Association (“NACHA”) rules). Customer shall be responsible for compliance with all applicable laws, rules, and regulations regarding Customers use of and/or access to the ACH services, including applicable rules and regulations of NACHA. In particular and as applicable, Customer will provide End Users with all disclosures required under state and federal law. Customer shall Indemnify Metavante from, defend Metavante against, and hold Metavante harmless from any and all loss, claim, or liability to any Third Party from Customers breach of the foregoing obligations. Upon notification from Customer of the occurrence of an error or omission with respect to an ACH entry, Metavante shall promptly furnish corrected ACH entry(ies) to the applicable ACH operator, unless the NACHA rules prohibit the processing of the correct ACH entry(ies). Metavante’s liability to Customer for claims arising out of the ACH services performed by Metavante pursuant to this Agreement shall be limited to the processing of appropriate corrected ACH entry(ies).