Common use of Notices; Consent to Electronic Communications Clause in Contracts

Notices; Consent to Electronic Communications. All notices and other communications required or permitted under this Agreement by Bank or NMS to Merchant, including without limitation any amendments of this Agreement, may be made available by Bank or NMS to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted by this Agreement or delivered by fax, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS shall be delivered by Merchant to Bank or NMS, as applicable, by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, shall be deemed delivered when transmitted or otherwise made available to Merchant electronically. Notice by mail or overnight carrier shall be deemed delivered on the first business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section: (a) If to Bank, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica Bank, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Fax: (000) 000-0000; (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and (c) If to Merchant, at the address provided as the billing address, or the fax number or e-mail address and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on file.

Notices; Consent to Electronic Communications. All By signing the Merchant Application or the Gateway Application, Merchant is confirming to SHIFT4 that it has the means to access the Internet through its own service provider and download or print electronic communications. Xxxxxxxx agrees to the receipt of electronic communications by email or by the posting of such information by SHIFT4 at one or more of its sponsored websites, including xxx.xxxxx0.xxx. Such communications may pertain to GATEWAY delivered by SHIFT4, the use of information Merchant may submit to SHIFT4, changes in Laws or Rules impacting GATEWAY, or other reasons, including amendment of this GatewayServices Agreement or changes in fees or charges. In addition, all notices and other communications required or permitted under this Gateway Services Agreement by Bank or NMS to Merchant, including without limitation any amendments of this Agreement, may be made available by Bank or NMS SHIFT4 to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted may also be delivered by this Agreement or delivered SHIFT4 to Merchant by fax, overnight carrier carrier, or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Gateway Services Agreement by Merchant to Bank and/or NMS SHIFT4 (except Notices of Dispute and Demands for Arbitration—seeSection 24.4) shall be delivered by Merchant to Bank or NMS, as applicable, SHIFT4 by overnight carrier or certified mail, return receipt requested, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, e-mail shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first third business day after mailing or the first business day after delivery to the overnight carrier. Following are the addresses for the purposes of notices and other communications hereunderhereunder (except Notices of Dispute and Demands forArbitration—seeSection24.4), which may whichmay be changed by written notice in accordance with this section: (awiththis Section:(a) If to BankSHIFT4, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica BankSHIFT4 Legal Department, 0000 Xxxxxxxx XxxxxxXxxxxxxx Xxxx, Xxxxx 000, Xxxxx XxxxXxx Xxxxx, XX 000000000, Fax: (000) 000-0000; ,, (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and (c) If b)If to Merchant, at the address provided as the billing address, or the fax number or e-mail address address, and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileGateway Application.

Notices; Consent to Electronic Communications. All By applying for services and confirming that it has read the Merchant Agreement, Merchant is confirming to Bank and NMS that it has the means to access the Internet through its own service provider and download or print electronic communications. Such communications may pertain to the services delivered by Bank and/or NMS, the use of information Merchant may submit to Bank and/or NMS, changes in laws or Rules impacting the service or other reasons, such as amendment of the Merchant Agreement. In addition, all notices and other communications required or permitted under this Agreement by Bank or NMS to Merchant, including without limitation any amendments of this Agreement, Merchant may also be made available delivered by Bank or NMS to Merchant either electronically in accordance with Section 7.02(G) of this Agreement via e-mail, or as otherwise permitted by this Agreement or delivered by fax, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H7.02(G). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS shall be delivered by Merchant to Bank or NMS, as applicable, by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic meanse-mail, if permitted hereunder, shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section: (a) If to Bank, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica Bank, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Fax: (000) 000-0000; (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, LLC 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address00000; and (c) If to Merchant, at the address provided as the billing address, or the fax number or e-mail address and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileApplication.

Notices; Consent to Electronic Communications. All By signing the Merchant Application, Merchant is confirming to Bank and Company that it has the means to access the Internet through its own service provider and download or print electronic communications. Xxxxxxxx agrees to the receipt of electronic communications by email or by the posting of such information by Bank or Company at one or more of their sponsored websites, such as xxx.xxxxx0.xxx Such communications may pertain to the Services delivered by Bank or Company, the use of information Merchant may submit to Bank or Company, changes in Laws or Rules impacting the Services or other reasons, including amendment of this Agreement. In addition, all notices and other communications required or permitted under this Agreement Agreementby Bank or Company to Merchant may also be delivered by Bank or NMS to Merchant, including without limitation any amendments of this Agreement, may be made available by Bank or NMS Company to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted by this Agreement or delivered by fax, overnight carrier carrier, or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS or Company (except Notices of Dispute and Demands for Arbitration—see Section 7.4) shall be delivered by Merchant to Bank or NMS, as applicable, Company by overnight carrier or certified mail, return receipt requested, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, e-mail shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first third business day after mailing or the first business day after delivery to the overnight carrier. Following are the addresses for the purposes of notices and other communications hereunderhereunder (except Notices of Dispute and Demands for Arbitration—see Section 7.4), which may be changed by written notice in accordance with this section: (a) If to Bank, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica (a) If to Bank, 0000 Citizens Bank, N.A., Xxx Xxxxxxxx XxxxXxxxx, Xxxxx 000, Xxxxx XxxxXxxxxxxxxx, XX 00000; (b) If to Company, Shift4 Payments, LLC Legal Department, 0000 X. Xxxxxx Street, Allentown, PA 18109, Fax: (000) 000-0000; (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and (c) If to Merchant, at the address provided as the billing address, or the fax number or e-mail address address, and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileApplication.

Notices; Consent to Electronic Communications. All By applying for services and confirming that it has read the Merchant Agreement, Merchant is confirming to Service Provider that it has the means to access the Internet through its own service provider and download or print electronic communications. Merchant agrees to the receipt of electronic communications by email. Such communications may pertain to the services delivered by Service Provider, the use of information Merchant may submit to Service Provider, changes in laws or Rules impacting the service or other reasons, such as amendment of the Merchant Agreement. In addition, all notices and other communications required or permitted under this Agreement by Bank or NMS Service Provider to Merchant, including without limitation any amendments of this Agreement, Merchant may also be made available delivered by Bank or NMS Service Provider to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted by this Agreement or delivered by fax, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS Service Provider shall be delivered by Merchant to Bank or NMS, as applicable, Service Provider by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, e-mail shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section: (a) if to ISO, addressed and transmitted as follows: Blue Parasol Group, LLC, d/b/a Paragon Payment Solutions, 0000 X. Xxxxxxxx Xx., Xxxxx 000, Xxxxx, XX 00000 (b) If to Bank, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica Chesapeake Bank, 0000 Xxxxxxxx Xxxx00 X. Xxxx Xxxxxx, Xxxxx 000, Xxxxx XxxxXxxxxxxxxx, XX 00000, Fax: (000) 000-0000; (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and (c) If to Merchant, at the address provided as the billing address, or the fax number or e-e- mail address and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileApplication.

Notices; Consent to Electronic Communications. All By signing the Merchant Application, Merchant is confirming to Bank and Company that it has the means to access the Internet through its own service provider and download or print electronic communications. Merchant agrees to the receipt of electronic communications by email or by the posting of such information by Bank or Company at one or more of their sponsored websites, such as xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx or xxx.xxxxx0.xxx Such communications may pertain to the Services delivered by Bank or Company, the use of information Merchant may submit to Bank or Company, changes in Laws or Rules impacting the Services or other reasons, including amendment of this Agreement. In addition, all notices and other communications required or permitted under this Agreement by Bank or NMS Company to Merchant, including without limitation any amendments of this Agreement, Merchant may also be made available delivered by Bank or NMS Company to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted by this Agreement or delivered by fax, overnight carrier carrier, or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS or Company (except Notices of Dispute and Demands for Arbitration—see Section 7.4) shall be delivered by Merchant to Bank or NMS, as applicable, Company by overnight carrier or certified mail, return receipt requested, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, e-mail shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first third business day after mailing or the first business day after delivery to the overnight carrier. Following are the addresses for the purposes of notices and other communications hereunderhereunder (except Notices of Dispute and Demands for Arbitration—see Section 7.4), which may be changed by written notice in accordance with this section: (a) If to Bank, addressed and transmitted as follows: Redwood Merchant Services(a) If to Bank, A Division of Westamerica Bank, 0000 Xxxxxxxx Xxxx., Xxxxx 000, Xxxxx Xxxx, XX 00000, Fax: (000) 000-0000; (b) If to NMSCompany, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: PresidentCompany Legal Department, 0000 X. Xxxxxx Xxx.Street, Xxxxx Allentown, PA 18109, Fax: (000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and ) 000-0000 (c) If to Merchant, at the address provided as the billing address, or the fax number or e-mail address address, and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileApplication.

Notices; Consent to Electronic Communications. All By applying for services and confirming that it has read the Merchant Agreement, Merchant is confirming to Service Provider that it has the means to access the Internet through its own service provider and download or print electronic communications. Merchant agrees to the receipt of electronic communications by email or by the posting of such information by Service Provider at one or more of Service Provider’s sponsored websites, such as xxxxxxxxxxxxxxx.xxx. Such communications may pertain to the services delivered by Service Provider, the use of information Merchant may submit to Service Provider, changes in laws or Rules impacting the service or other reasons, such as amendment of the Merchant Agreement. In addition, all notices and other communications required or permitted under this Agreement by Bank or NMS Service Provider to Merchant, including without limitation any amendments of this Agreement, Merchant may also be made available delivered by Bank or NMS Service Provider to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted by this Agreement or delivered by fax, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS Service Provider shall be delivered by Merchant to Bank or NMS, as applicable, Service Provider by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, e-mail shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section: (a) if to ISO, addressed and transmitted as follows: Universal Debit and Credit, LLC, d/b/a Direct Connect, 0000 Xxxxxxxxxx Xxxxx, Xxxxx X, Xxxxxxxxx, Xxxxxxxx 00000 (b) If to Bank, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica Bank, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Fax: (000707) 000-000- 0000; (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and (c) If to Merchant, at the address provided as the billing address, or the fax number or e-mail address and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileApplication.

Notices; Consent to Electronic Communications. All By applying for services and confirming that it has read the Merchant Agreement, Merchant is confirming to Bank that it has the means to access the Internet through its own service provider and download or print electronic communications. Merchant agrees to the receipt of electronic communications by email or by the posting of such information by Bank at one or more of Bank’s sponsored websites, such as “xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx”. Such communications may pertain to the services delivered by Bank, the use of information Merchant may submit to Bank, changes in laws or Rules impacting the service or other reasons, such as amendment of the Merchant Agreement. In addition, all notices and other communications required or permitted under this Agreement by Bank or NMS to Merchant, including without limitation any amendments of this Agreement, Merchant may also be made available delivered by Bank or NMS to Merchant either electronically in accordance with Section 7.02(G) of this Agreement or as otherwise permitted by this Agreement or delivered by fax, overnight carrier or first class mail, postage or other charges prepaid, addressed and transmitted as set forth below; for the avoidance of doubt, notices contained in monthly statements sent to the Merchant shall be deemed in compliance with this Section 7.02(H). All notices and other communications required or permitted under this Agreement by Merchant to Bank and/or NMS shall be delivered by Merchant to Bank or NMS, as applicable, by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by fax or electronic means, if permitted hereunder, e-mail shall be deemed delivered when transmitted or otherwise made available to Merchant electronicallytransmitted. Notice by mail or overnight carrier shall be deemed delivered on the first business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section: (a) If to Bank, addressed and transmitted as follows: Redwood Merchant Services, A Division of Westamerica Bank, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Fax: (000) 000-0000; (b) If to NMS, addressed and transmitted as follows: Newtek Merchant Services, LLC, Attn: President, 0000 Xxxxxx Xxx., Xxxxx 000, Xxxx Xxxxxxx, XX 00000 with a copy sent to Newtek Business Services Corp., Attn: Chief Legal Officer, 1t the same address; and (c) If to Merchant, at the address provided as the billing address, or the fax number or e-mail address and to the contact listed on the Merchant Application or such more recent email address, fax number or mailing address as Bank or NMS may have on fileApplication.