Common use of Debit Card Processing; EBT Services Clause in Contracts

Debit Card Processing; EBT Services. 5.1 Merchant understands and agrees that HPS and Bay Bank, FSB or any other bank to which this Agreement is assigned is a sponsored affiliate or member of each Debit Network and HPS is a service provider for processing Merchant’s debit Card Transactions pursuant to the terms herein. 5.2 Until and unless otherwise authorized by HPS, Merchant agrees to utilize compliant and compatible equipment/pinpads or systems capable of processing all ACH debit Card Transactions as well as online-Debit Card Transactions at its Locations. All HPS applications software residing on the equipment or systems is the sole property of HPS. Any software residing in Merchant owned equipment or systems must be HPS compatible. Merchant’s placement of the equipment or system at its Merchant Locations shall constitute acceptance of all terms and conditions set forth in this section. Merchant understands and agrees that HPS has no responsibility whatsoever for inoperative equipment or systems (or software if applicable). In the case of inoperative equipment or system, Merchant shall consult Merchant’s warranty or equipment maintenance Agreement as applicable. Merchant also acknowledges that all equipment/pin-pads or systems capable of processing all debit Card Transactions at its Locations must remain compliant with the data security requirements of Section 3 of this Agreement. 5.3 Merchant shall utilize HPS compatible equipment/pinpad or system to process all debit Card Transactions and to abide by all applicable Rules of the applicable debit Card on-line network selected by HPS. HPS has no responsibility or liability for any of the debit Card Networks. 5.4 Merchant agrees to indemnify and hold HPS harmless from any and all claims, actions, proceeding and other liability, which may arise pertaining to such debit Transactions. 5.5 Any claims Merchant may have regarding Debit services may not be offset against bankcard sales. 5.6 Merchant assumes all responsibility for retention of paper copies of debit Card Transactions; pursuant to the appropriate debit Card network Rules. 5.7 Within one (1) business day of the original Transaction, Merchant must balance each Location to the system for each business day that each Location is open. If Merchant determines that any Transaction(s) have been processed in error, Merchant will initiate the appropriate Transaction for adjustment. Merchant is responsible for all applicable adjustment fees assessed by the Debit Network Rules. 5.8 Merchant shall be responsible for all telephone message unit costs, if any, as they are incurred by Merchant for any of the services provided. 5.9 HPS will provide installation, training, service and support for all purchased and rented equipment provided by HPS. Equipment purchased and provided by a third party vendor should be supported and maintained by the vendor. 5.10 Merchant shall be responsible for the following debit related fees: (a) HPS Debit Fee (does not include Debit Network Fee); (b) Debit Network Set-up Fee; (c) Service & Regulatory Mandate Fee. Any or all of the above referenced fees are subject to change at any time upon fifteen (15) days prior written notice by HPS. 5.11 Debit Transactions are governed by network regulations as well as federal and state laws and regulations, including but not limited to the Electronic Funds Transfer Act, and Regulation E, pursuant to which consumers may have up to sixty (60) days to dispute a Transaction. Merchant shall comply with all applicable federal, state and local laws and regulations. 5.12 Non-Request for PIN Disclosure Procedures. Merchant agrees to ensure that no employee or agent requests a Cardholder to divulge their PIN number. 5.13 Prevention of PIN Entry Observation. Merchant agrees to reasonably prevent others from observing the entered PIN number. Some prevention examples could be, but not limited to: (a) Placement of security cameras in relation to PIN Entry Device (PED); (b) PED shielding; or (c) PED placement on POS counter.

Debit Card Processing; EBT Services. 5.1 Merchant ▇▇▇▇▇▇▇▇ understands and agrees that HPS and Bay Bank, FSB Carrollton Bank or any other bank to which this Agreement is assigned is a sponsored affiliate or member of each Debit Network and HPS is a service provider for processing Merchant’s debit Card Transactions pursuant to the terms herein. 5.2 Until and unless otherwise authorized by HPS, Merchant ▇▇▇▇▇▇▇▇ agrees to utilize compliant and compatible equipment/equipment/ pinpads or systems capable of processing all ACH debit Card Transactions as well as online-Debit Card Transactions at its Locations. All HPS applications software residing on the equipment or systems is the sole property of HPS. Any software residing in Merchant owned equipment or systems must be HPS compatible. Merchant’s placement of the equipment or system at its Merchant Locations shall constitute acceptance of all terms and conditions set forth in this section. Merchant ▇▇▇▇▇▇▇▇ understands and agrees that HPS has no responsibility whatsoever for inoperative equipment or systems (or software if applicable). In the case of inoperative equipment or system, Merchant shall consult Merchant’s warranty or equipment maintenance Agreement as applicable. Merchant ▇▇▇▇▇▇▇▇ also acknowledges that all equipment/equipment/ pin-pads or systems capable of processing all debit Card Transactions at its Locations must remain compliant with the data security requirements of Section 3 of this Agreement. 5.3 Merchant shall utilize HPS compatible equipment/pinpad or system to process all debit Card Transactions and to abide by all applicable Rules of the applicable debit Card on-line network selected by HPS. HPS has no responsibility or liability for any of the debit Card Networks. 5.4 Merchant ▇▇▇▇▇▇▇▇ agrees to indemnify and hold HPS harmless from any and all claims, actions, proceeding and other liability, which may arise pertaining to such debit Transactions. 5.5 Any claims Merchant may have regarding Debit services may not be offset against bankcard sales. 5.6 Merchant ▇▇▇▇▇▇▇▇ assumes all responsibility for retention of paper copies of debit Card Transactions; pursuant to the appropriate debit Card network Rules. 5.7 Within one (1) business day of the original Transaction, Merchant must balance each Location to the system for each business day that each Location is open. If Merchant determines that any Transaction(s) have been processed in error, Merchant will initiate the appropriate Transaction for adjustment. Merchant is responsible for all applicable adjustment fees assessed by the Debit Network Rules. 5.8 Merchant shall be responsible for all telephone message unit costs, if any, as they are incurred by Merchant for any of the services provided. 5.9 HPS will provide installation, training, service and support for all purchased and rented equipment provided by HPS. Equipment purchased and provided by a third party vendor should be supported and maintained by the vendor. 5.10 Merchant shall be responsible for the following debit related fees: (a) HPS Debit Fee (does not include Debit Network Fee); (b) Debit Network Set-up Fee; (c) Service & Regulatory Mandate Fee. Any or all of the above referenced fees are subject to change at any time upon fifteen (15) days prior written notice by HPS. 5.11 Debit Transactions are governed by network regulations as well as federal and state laws and regulations, including but not limited to the Electronic Funds Transfer Act, and Regulation E, pursuant to which consumers may have up to sixty (60) days to dispute a Transaction. Merchant shall comply with all applicable federal, state and local laws and regulations. 5.12 Non-Request for PIN Disclosure Procedures. Merchant agrees to ensure that no employee or agent requests a Cardholder to divulge their PIN number. 5.13 Prevention of PIN Entry Observation. Merchant agrees to reasonably prevent others from observing the entered PIN number. Some prevention examples could be, but not limited to: (a) Placement of security cameras in relation to PIN Entry Device (PED); (b) PED shielding; or (c) PED placement on POS counter.the