Common use of Electronic Child Support Services Agreement Clause in Contracts

Electronic Child Support Services Agreement. Pursuant to Federal legislation intended to benefit children and to reduce the cost of public child support, the states have adopted enforcement mechanisms that include the power to order employers to withhold child support payments from the wages of employees who owe such payments, and to remit payment to the appropriate child welfare agency which then distributes the money to the custodial parent. Several states require certain employers to remit such payments electronically. The Client requests and authorizes PrimePay to electronically debit Client’s designated payroll account for amounts which Client is directed to withhold from individual employee payrolls in a written notice (“Notice”) provided to Client by a court or applicable state or local child support agency. These amounts are referred to as “Child Support Payments.” PrimePay agrees to electronically debit Client’s designated payroll account in the amount of such required Child Support Payments reported to PrimePay by Client and to electronically remit such Child Support Payments to the agency to which Client has been directed to make payment. This enables the Client to have a seamless and integrated payroll process that includes timely child support remittances and to avoid a need to arrange on its own for a separate electronic Child Support Payment for each payment as may be required, in every pay period. Client shall send to its PrimePay processing center copies of all Notices it receives of required Child Support Payments, including all Notices of modifications or terminations of existing Child Support Payment obligations for its employees, by mail, fax or electronic mail not later than the payroll reporting date for the Scheduled Payroll on which the Child Support Payments are supposed to commence, or in such other manner and timing as PrimePay may notify Client in writing from time to time. Child Support Payments represent a legal obligation of Client’s employee and, derivatively as a result of the applicable child support laws, Client’s wages owed to the employee and the Notice, of Client itself. Client acknowledges that PrimePay is merely transmitting funds as directed by Client and that PrimePay assumes no responsibility for this underlying legal support payment obligation or for the correctness of the Child Support Payments reported to PrimePay by the Client. In the event of an error, PrimePay will cooperate with, and assist in, Client’s attempts to make a correction, but Client acknowledges that procedures for correction vary from jurisdiction to jurisdiction and that corrections may not be possible in every instance. It is not possible to procure an immediate refund of an overpayment, or to self-correct an overpayment, by means of an electronic reversal or offset. Client acknowledges that PrimePay shall utilize the services of Kotapay, a Division of First International Bank & Trust (Kotapay) for the purpose of transferring funds through the Automated Clearing House (ACH) pursuant to the terms of this Agreement, Kotapay’s Company Authorization Agreement, the rules of the National Automated Clearing House Association (NACHA), laws of the State of North Dakota, and applicable federal, state or local laws, rules and regulations relating to Child Support Payments or any other reason Client may desire to transfer funds electronically through the ACH. By signing this Agreement, Client agrees to be bound by the terms of Kotapay’s Company Authorization Agreement, a copy of which may be found at xxxx://xxxxxxx.xxxxxxxx.xxx, user name “client” and password “kotapay” (and which may be amended at any time without notice), to the same extent as though Client had executed the Kotapay Company Authorization Agreement on the date of this Agreement. Accordingly, the terms of the Kotapay Company Authorization Agreement constitute part of this Agreement. In the event that a specific term of the Kotapay Company Authorization Agreement conflicts with a specific term of this Agreement, the specific term of the Kotapay Agreement shall control to the extent of its subject matter of Client’s authorization of electronic payments; otherwise, the terms of this Agreement shall control. Client understands that it is responsible for providing to PrimePay in timely fashion accurate Child Support Payment information necessary for PrimePay to transmit the correct electronic information containing ACH transactions to its designated EFT processor. Client agrees to review and audit its Child Support Payment obligations regularly to verify that the correct employee payroll deductions are being made, and acknowledges that this duty is Client’s responsibility and not PrimePay’s responsibility. Client authorizes the correction of errors, subject to NACHA Rules, the requirements and time limits of PrimePay’s EFT processor and the ACH system, and the requirements of the affected child support agencies or courts and the banks that they use to receive Child Support Payments. In the event of error, if Clients wants PrimePay’s assistance it should notify PrimePay by telephone as soon as possible after the date on which the payroll input information was provided to PrimePay, and confirm this notice by written e- mail or by prepaid First Class Mail within 24 hours thereafter. After receipt of such notice, PrimePay agrees to contact the appropriate child support agency and to take such other action as it deems appropriate to attempt to correct the error. Such corrections cannot be guaranteed and PrimePay’s assistance and efforts to help facilitate corrections is contingent upon Client’s timely action and cooperation, to the extent such cooperation is required (for such things as providing additional information or signing additional paperwork needed to correct an error). In the absence of such timely cooperation, PrimePay may give written notification to Client that it is withdrawing its assistance. Client understands and agrees that Client is responsible for its own payroll, including employee deductions for Child Support Payments, and that PrimePay, as Client’s payroll processor in accordance with the Client’s own instructions, will not be responsible or liable for actual deposit or payment amounts or for interest, expenses or additional claimed damages of any kind. If, during the course of providing electronic child support services to Client, PrimePay notifies Client that an electronic debit of Client’s account has been returned to PrimePay’s EFT processor by reason of insufficient funds in Client’s account (NSF), Client hereby agrees to wire funds to cover the NSF within 24 hours in accordance with wire transfer instructions supplied by its payroll specialist or other PrimePay representative. In the event such NSF is not cured by the Client upon 30 days written (including electronic mail) notice, Client agrees to grant PrimePay (and any subrogee of PrimePay) a security interest in Client’s assets and receivables, which PrimePay may file and record. Provided, however, that the foregoing security interest shall not apply to those assets and receivables which are held in trust for or on behalf of Client’s own clients or other third parties, or which contain confidential or privileged information, or which contain other information the disclosure of which would be a violation of Client’s Rules of Professional Conduct or any applicable law restricting such disclosure to third parties. To qualify for electronic child support services, Client authorizes PrimePay to run a routine credit check and, in some cases, to obtain a simple bank reference, at PrimePay’s expense prior to initiation of service. Client acknowledges that the foregoing measures are necessary as a result of the credit risk assumed by PrimePay in providing these services.

Electronic Child Support Services Agreement. Pursuant to Federal legislation intended to benefit children and to reduce the cost of public child support, the states have adopted enforcement mechanisms that include the power to order employers to withhold child support payments from the wages of employees who owe such payments, and to remit payment to the appropriate child welfare agency which then distributes the money to the custodial parent. Several states require certain employers to remit such payments electronically. The Client requests and authorizes PrimePay to electronically debit Client’s designated payroll account for amounts which Client is directed to withhold from individual employee payrolls in a written notice (“Notice”) provided to Client by a court or applicable state or local child support agency. These amounts are referred to as “Child Support Payments.” PrimePay agrees to electronically debit Client’s designated payroll account in the amount of such required Child Support Payments reported to PrimePay by Client and to electronically remit such Child Support Payments to the agency to which Client has been directed to make payment. This enables the Client to have a seamless and integrated payroll process that includes timely child support remittances and to avoid a need to arrange on its own for a separate electronic Child Support Payment for each payment as may be required, in every pay period. Client shall send to its PrimePay processing center copies of all Notices it receives of required Child Support Payments, including all Notices of modifications or terminations of existing Child Support Payment obligations for its employees, by mail, fax or electronic mail not later than the payroll reporting date for the Scheduled Payroll on which the Child Support Payments are supposed to commence, or in such other manner and timing as PrimePay may notify Client in writing from time to time. Child Support Payments represent a legal obligation of Client’s employee and, derivatively as a result of the applicable child support laws, Client’s wages owed to the employee and the Notice, of Client itself. Client acknowledges that PrimePay is merely transmitting funds as directed by Client and that PrimePay assumes no responsibility for this underlying legal support payment obligation or for the correctness of the Child Support Payments reported to PrimePay by the Client. In the event of an error, PrimePay will cooperate with, and assist in, Client’s attempts to make a correction, but Client acknowledges that procedures for correction vary from jurisdiction to jurisdiction and that corrections may not be possible in every instance. It is not possible to procure an immediate refund of an overpayment, or to self-correct an overpayment, by means of an electronic reversal or offset. Client acknowledges that PrimePay shall utilize the services of Kotapay, a Division of First International Bank & Trust (Kotapay) for the purpose of transferring funds through the Automated Clearing House (ACH) pursuant to the terms of this Agreement, Kotapay’s Company Authorization Agreement, the rules of the National Automated Clearing House Association (NACHA), laws of the State of North Dakota, and applicable federal, state or local laws, rules and regulations relating to Child Support Payments or any other reason Client may desire to transfer funds electronically through the ACH. By signing this Agreement, Client agrees to be bound by the terms of Kotapay’s Company Authorization Agreement, a copy of which may be found at xxxx://xxxxxxx.xxxxxxxx.xxx, user name “client” and password “kotapay” (and which may be amended at any time without notice), Agreement to the same extent as though Client had executed the Kotapay Company Authorization Agreement on the date of this Agreement. Accordingly, the terms of the Kotapay Company Authorization Agreement constitute part of this Agreement. In the event that a specific term of the Kotapay Company Authorization Agreement conflicts with a specific term of this Agreement, the specific term of the Kotapay Agreement shall control to the extent of its subject matter of Client’s authorization of electronic payments; otherwise, the terms of this Agreement shall control. Client understands that it is responsible for providing to PrimePay in timely fashion accurate Child Support Payment information necessary for PrimePay to transmit the correct electronic information containing ACH transactions to its designated EFT processor. Client agrees to review and audit its Child Support Payment obligations regularly to verify that the correct employee payroll deductions are being made, and acknowledges that this duty is Client’s responsibility and not PrimePay’s responsibility. Additionally, as is required under the NACHA Rules, Client explicitly agrees to terms (a) – (f) of the Origination Agreement in Section 4 above. Client authorizes the correction of errors, subject to NACHA Rules, the requirements and time limits of PrimePay’s EFT processor and the ACH system, and the requirements of the affected child support agencies or courts and the banks that they use to receive Child Support Payments. In the event of error, if Clients wants PrimePay’s assistance it should notify PrimePay by telephone as soon as possible after the date on which the payroll input information was provided to PrimePay, and confirm this notice by written e- mail or by prepaid First Class Mail within 24 hours thereafter. After receipt of such notice, PrimePay agrees to contact the appropriate child support agency and to take such other action as it deems appropriate to attempt to correct the error. Such corrections cannot be guaranteed and PrimePay’s assistance and efforts to help facilitate corrections is contingent upon Client’s timely action and cooperation, to the extent such cooperation is required (for such things as providing additional information or signing additional paperwork needed to correct an error). In the absence of such timely cooperation, PrimePay may give written notification to Client that it is withdrawing its assistance. Client understands and agrees that Client is responsible for its own payroll, including employee deductions for Child Support Payments, and that PrimePay, as Client’s payroll processor in accordance with the Client’s own instructions, will not be responsible or liable for actual deposit or payment amounts or for interest, expenses or additional claimed damages of any kind. If, during the course of providing electronic child support services to Client, PrimePay notifies Client that an electronic debit of Client’s account has been returned to PrimePay’s EFT processor by reason of insufficient funds in Client’s account (NSF), Client hereby agrees to wire funds to cover the NSF within 24 hours in accordance with wire transfer instructions supplied by its payroll specialist or other PrimePay representative. In the event such NSF is not cured by the Client upon 30 days written (including electronic mail) notice, Client agrees to grant PrimePay (and any subrogee of PrimePay) a security interest in Client’s assets and receivables, which PrimePay may file and record. Provided, however, that the foregoing security interest shall not apply to those assets and receivables which are held in trust for or on behalf of Client’s own clients or other third parties, or which contain confidential or privileged information, or which contain other information the disclosure of which would be a violation of Client’s Rules of Professional Conduct or any applicable law restricting such disclosure to third parties. To qualify for electronic child support services, Client authorizes PrimePay to run a routine credit check and, in some cases, to obtain a simple bank reference, at PrimePay’s expense prior to initiation of service. Client acknowledges that the foregoing measures are necessary as a result of the credit risk assumed by PrimePay in providing these services.

Electronic Child Support Services Agreement. Pursuant to Federal legislation intended to benefit children and to reduce the cost of public child support, the states have adopted enforcement mechanisms that include the power to order employers to withhold child support payments from the wages of employees who owe such payments, and to remit payment to the appropriate child welfare agency which then distributes the money to the custodial parent. Several states require certain employers to remit such payments electronically. The Client requests and authorizes PrimePay to electronically debit Client’s designated payroll account for amounts which Client is directed to withhold from individual employee payrolls in a written notice (“Notice”) provided to Client by a court or applicable state or local child support agency. These amounts are referred to as “Child Support Payments.” PrimePay agrees to electronically debit Client’s designated payroll account in the amount of such required Child Support Payments reported to PrimePay by Client and to electronically remit such Child Support Payments to the agency to which Client has been directed to make payment. This enables the Client to have a seamless and integrated payroll process that includes timely child support remittances and to avoid a need to arrange on its own for a separate electronic Child Support Payment for each payment as may be required, in every pay period. Client shall send to its PrimePay processing center copies of all Notices it receives of required Child Support Payments, including all Notices of modifications or terminations of existing Child Support Payment obligations for its employees, by mail, fax or electronic mail not later than the payroll reporting date for the Scheduled Payroll on which the Child Support Payments are supposed to commence, or in such other manner and timing as PrimePay may notify Client in writing from time to time. Child Support Payments represent a legal obligation of Client’s employee and, derivatively as a result of the applicable child support laws, Client’s wages owed to the employee and the Notice, of Client itself. Client acknowledges that PrimePay is merely transmitting funds as directed by Client and that PrimePay assumes no responsibility for this underlying legal support payment obligation or for the correctness of the Child Support Payments reported to PrimePay by the Client. In the event of an error, PrimePay will cooperate with, and assist in, Client’s attempts to make a correction, but Client acknowledges that procedures for correction vary from jurisdiction to jurisdiction and that corrections may not be possible in every instance. It is not possible to procure an immediate refund of an overpayment, or to self-correct an overpayment, by means of an electronic reversal or offset. Client acknowledges that PrimePay shall utilize the services of Kotapay, a Division of First International Bank & Trust (Kotapay) for the purpose of transferring funds through the Automated Clearing House (ACH) pursuant to the terms of this Agreement, Kotapay’s Company Authorization Agreement, the rules of the National Automated Clearing House Association (NACHA), laws of the State of North Dakota, and applicable federal, state or local laws, rules and regulations relating to Child Support Payments or any other reason Client may desire to transfer funds electronically through the ACH. By signing this Agreement, Client agrees to be bound by the terms of Kotapay’s Company Authorization Agreement, a copy of which may be found at xxxx://xxxxxxx.xxxxxxxx.xxxxxxxx://xxx.xxxxxxx.xxx/online/Company_Authorization_ Agreement_primepay.pdf, user name “client” and password “kotapay” (and which may be amended at any time without notice), to the same extent as though Client had executed the Kotapay Company Authorization Agreement on the date of this Agreement. Accordingly, the terms of the Kotapay Company Authorization Agreement constitute part of this Agreement. In the event that a specific term of the Kotapay Company Authorization Agreement conflicts with a specific term of this Agreement, the specific term of the Kotapay Agreement shall control to the extent of its subject matter of Client’s authorization of electronic payments; otherwise, the terms of this Agreement shall control. Client understands that it is responsible for providing to PrimePay in timely fashion accurate Child Support Payment information necessary for PrimePay to transmit the correct electronic information containing ACH transactions to its designated EFT processor. Client agrees to review and audit its Child Support Payment obligations regularly to verify that the correct employee payroll deductions are being made, and acknowledges that this duty is Client’s responsibility and not PrimePay’s responsibility. Client authorizes the correction of errors, subject to NACHA Rules, the requirements and time limits of PrimePay’s EFT processor and the ACH system, and the requirements of the affected child support agencies or courts and the banks that they use to receive Child Support Payments. In the event of error, if Clients wants PrimePay’s assistance it should notify PrimePay by telephone as soon as possible after the date on which the payroll input information was provided to PrimePay, and confirm this notice by written e- mail or by prepaid First Class Mail within 24 hours thereafter. After receipt of such notice, PrimePay agrees to contact the appropriate child support agency and to take such other action as it deems appropriate to attempt to correct the error. Such corrections cannot be guaranteed and PrimePay’s assistance and efforts to help facilitate corrections is contingent upon Client’s timely action and cooperation, to the extent such cooperation is required (for such things as providing additional information or signing additional paperwork needed to correct an error). In the absence of such timely cooperation, PrimePay may give written notification to Client that it is withdrawing its assistance. Client understands and agrees that Client is responsible for its own payroll, including employee deductions for Child Support Payments, and that PrimePay, as Client’s payroll processor in accordance with the Client’s own instructions, will not be responsible or liable for actual deposit or payment amounts or for interest, expenses or additional claimed damages of any kind. If, during the course of providing electronic child support services to Client, PrimePay notifies Client that an electronic debit of Client’s account has been returned to PrimePay’s EFT processor by reason of insufficient funds in Client’s account (NSF), Client hereby agrees to wire funds to cover the NSF within 24 hours in accordance with wire transfer instructions supplied by its payroll specialist or other PrimePay representative. In the event such NSF is not cured by the Client upon 30 days written (including electronic mail) notice, Client agrees to grant PrimePay (and any subrogee of PrimePay) a security interest in Client’s assets and receivables, which PrimePay may file and record. Provided, however, that the foregoing security interest shall not apply to those assets and receivables which are held in trust for or on behalf of Client’s own clients or other third parties, or which contain confidential or privileged information, or which contain other information the disclosure of which would be a violation of Client’s Rules of Professional Conduct or any applicable law restricting such disclosure to third parties. To qualify for electronic child support services, Client authorizes PrimePay to run a routine credit check and, in some cases, to obtain a simple bank reference, at PrimePay’s expense prior to initiation of service. Client acknowledges that the foregoing measures are necessary as a result of the credit risk assumed by PrimePay in providing these services.