Performance and Conditions of Service. 6.1 SPS agrees to provide the Service to Subscriber in accordance with (a) the terms and conditions of this Agreement, and (b) the Operating Rules of the National Automated Clearing House Association (“NACHA”) as currently in effect, including without limitation, all schedules, exhibits and appendices as may be attached thereto, as the same may hereafter be amended, modified, added to or substituted, or any successor rules or regulations adopted by NACHA governing the transmission of Entries through the ACH Network (the “NACHA Operating Rules”) and (c) any applicable federal and state laws and regulations (including but not limited to the Fair Credit Reporting Act and Regulation E when and where they apply, and (d) any laws, regulations or rules promulgated after the Effective Date and applicable to the Service. Subscriber agrees to receive the Service as provided by SPS and shall perform its obligations hereunder in accordance with the terms and conditions of the Agreement and any amendments thereto. Subscriber acknowledges that the ODFI and TPP, if any, is each a third-party beneficiary of this Agreement, and the ODFI and TPP have all the rights of SPS under this Agreement as if they were each a party hereto. Subscriber agrees that SPS shall be the exclusive provider of ACH payment processing services to Subscriber during the term of this Agreement and any extensions thereto.
Appears in 8 contracts
Samples: Ach Electronic Funds Transfer Agreement, Ach Electronic Funds Transfer Agreement, Ach Electronic Funds Transfer Agreement
Performance and Conditions of Service. 6.1 SPS agrees to provide the Service to Subscriber in accordance with (a) the terms and conditions of this Agreement, and (b) the Operating Rules of the National Automated Clearing House Association (“NACHA”) as currently in effect, including without limitation, all schedules, exhibits and appendices as may be attached thereto, as the same may hereafter be amended, modified, added to or substituted, or any successor rules or regulations adopted by NACHA governing the transmission of Entries through the ACH Network (the “NACHA Operating Rules”) and (c) any applicable federal and state laws and regulations (including but not limited to the Fair Credit Reporting Act and Regulation E when and where they apply, and (d) any laws, regulations or rules promulgated after the Effective Date and applicable to the Service. Subscriber agrees to receive the Service as provided by SPS and shall perform its obligations hereunder in accordance with the terms and conditions of the Agreement and any amendments thereto. Subscriber acknowledges that the ODFI and TPP, if any, is each a third-party beneficiary of this Agreement, and the ODFI and TPP have all the rights of SPS under this Agreement as if they were each a party hereto. Subscriber agrees that SPS shall be the exclusive provider of ACH payment processing services to Subscriber during the term of this Agreement and any extensions thereto.
Appears in 1 contract
Samples: Electronic Funds Transfer Agreement
