Common use of Requirements For Processing Electronic Checks Clause in Contracts

Requirements For Processing Electronic Checks. Merchant shall comply with the following conditions when processing electronic checks and agrees to complete all transactions in accordance with the provisions of this Agreement and such rules of operation as may be established by SPS-EFT from time to time. Merchant shall accept only the following checks as source documents to initiate ACH debit entries through SPS-EFT; (a) All demand deposit account checks must be drawn on or payable through a federally insured depository financial institution and be machine-readable MICR-encoded with the bank routing number, account number and check serial number printed on the check; (b) Merchant shall obtain proper identification from the customer so as to verify that the customer is authorized to negotiate the check before submitting the check to SPS-EFT for authorization; (c) Merchant shall obtain a customer authorization in the form of a signed sales receipt for each check transaction submitted for electronic processing (“Electronic Check Authorization Receipt”); (d) Merchant shall scan each check through its POS terminal to initiate electronic processing and Merchant shall use an electronic printer connected to a POS terminal to generate and print all electronic check sales receipts; (e) All items, goods and services purchased in a single transaction shall be included in the total amount on a single sales receipt; (f) At the time Merchant initiates authorization with SPS-EFT, Merchant warrants that the person presenting the check has been properly identified; (g) Following SPS-EFT’s authorization of the transaction, Merchant shall ensure that the customer that presented the check signs the receipt and legibly prints his/her correct full name and telephone number by hand. Merchant shall also ensure that the sales receipt contains the following correct information: (w) the customer’s bank account number and the check number from the MICR data; (x) Merchant’s name and business address; (y) the date of the transaction; and (z) the total cash price of the sale (including all applicable state, federal or local surcharges and taxes) or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made. After customer signs the receipt, Merchant shall deliver to the person presenting the check a true and completed copy of the sales receipt. No check may be altered after SPS-EFT authorizes acceptance of the check. Merchant may not resubmit a check electronically or deposit it by any means, once SPS-EFT authorizes a transaction. Merchant shall also write (i) the authorization number from the transaction on the face of the check for each transaction and (ii) the current phone number of the customer on the face of the check. Failure to comply with the above requirements will, in addition to other penalties (such as but not limited to loss of Guarantee for all transactions), subject Merchant to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services and indemnification of SPS-EFT by Merchant pursuant to this Agreement. YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE ELECTRONIC CHECK WRITER’S EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUS, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF CHECK (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD SPS-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE SPS-EFT FOR THE TRANSACTION(S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE SPS-EFT FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND SPS-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.

Requirements For Processing Electronic Checks. Merchant For Business Office Conversion processing, YOUR STORE(s) shall provide YOUR STORE’S customers via statement message, the exact language printed in the Confirmation letter. Receipt of this notice constitutes authorization by YOUR STORE’S customers to the Check Processing procedure as provided in the Service Agreement. YOUR STORE shall retain the source document (check) for a minimum of fourteen (14) days following receipt of the item from the check writer. Thereafter, in accordance with all applicable State and Federal laws, YOUR STORE shall destroy said items in a manner consistent with those laws. YOUR STORE(s) shall comply with the following all applicable terms and conditions when processing electronic checks and agrees to complete all transactions in accordance with the provisions of this Agreement and such rules of operation as may be established by SPS-EFT Check Center from time to timetime or as established in your merchant start-up kit and Confirmation letter. Merchant YOUR STORE(s) shall accept only the following checks as source documents to initiate ACH debit entries through SPS-EFT; Check Center: (a) All demand Demand deposit account checks checks, which must be drawn on or payable through a federally insured depository financial institution and institution; be machine-readable MICR-encoded with the bank routing number, account number and check serial number printed on the check, and be for an amount not greater than the maximum approval limit for YOUR STORE(s) as established by Check Center; (b) Merchant YOUR STORE(s) shall obtain proper identification from the customer check writer so as to verify that the customer check writer is authorized to negotiate the check before submitting the check to SPS-EFT Check Center for authorization; (c) Merchant YOUR STORE(s) shall obtain a customer check writer authorization in the form of a signed sales the check writer’s full signature agreeing to the terms on the transaction receipt for each check transaction submitted for electronic processing (“Electronic Check Authorization Receipt”)printed at the point of sale; (d) Merchant YOUR STORE(s) shall maintain a POS printer compliant with the Check Conversion Plus Program as set forth in this Agreement. Should YOUR STORE(s) lack such equipment, YOUR STORE(s) shall utilize the EFT stamp as provided to YOUR STORE(s) by Check Center in your merchant start-up kit. Should your equipment have the capability to scan the front and back of the item, YOUR STORE(s) agrees to stamp the back of the item and obtain check writer’s full signature prior to scanning the front and back of the item; (e) YOUR STORE(s) shall scan each check through its POS terminal and check imaging device to initiate electronic processing and Merchant shall use an electronic printer connected to a POS terminal to generate and print all electronic check sales receiptsprocessing; (ef) All items, goods and services purchased in a single transaction shall be included in the total amount on a single sales receipt, invoice, or buyer’s order; (fg) YOUR STORE(s) shall void the approved, original check and shall not at any time process or reprocess the approved, original check for payment either manually or electronically, or attempt deposit of same by any means. At the time Merchant YOUR STORE(s) initiates authorization with SPS-EFTauthorization, Merchant YOUR STORE(s) warrants that the person presenting the check has been properly identified; (g) Following SPS-EFT’s authorization of the transaction, Merchant shall ensure that the customer that presented the check signs the receipt identified and legibly prints his/her correct full name and telephone number by hand. Merchant shall also ensure that the sales receipt contains the following correct information: (w) the customer’s bank account number and the check number from the MICR data; (x) Merchant’s name and business address; (y) the date of the transaction; and (z) the total cash price of the sale (including all applicable state, federal or local surcharges and taxes) or the amount is legally authorized to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made. After customer signs the receipt, Merchant shall deliver to the person presenting the check a true and completed copy of the sales receipt. No check may be altered after SPS-EFT authorizes acceptance of the check. Merchant may not resubmit a check electronically or deposit it by any means, once SPS-EFT authorizes a transaction. Merchant shall also write (i) the authorization number from the transaction on the face of present the check for each transaction and (ii) the current phone number of the customer on the face of the checkpayment. Failure to comply with any of the above requirements terms and conditions established herein or in the Agreement will, in addition to other penalties (such as but not limited to loss of Guarantee for all transactions)penalties, subject Merchant YOUR STORE(s) to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services and indemnification of SPS-EFT Check Center by Merchant YOUR STORE(s) pursuant to this Agreement. YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE ELECTRONIC CHECK WRITER’S EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEITYOUR STORE(s) shall document each transaction with a printed receipt, FICTITIOUSor utilize the appropriate stamp where applicable, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF CHECK (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD SPS-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE SPS-EFT FOR THE TRANSACTION(S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE SPS-EFT FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND SPS-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.reflecting the following:

Requirements For Processing Electronic Checks. Merchant shall comply with the following conditions when processing electronic checks and agrees to complete all transactions in accordance with the provisions of this Agreement and such rules of operation as may be established by SPS-EFT GETI from time to time. Merchant shall accept only the following checks as source documents to initiate ACH debit entries through SPS-EFTGETI; (a) All demand deposit account checks must be drawn on or payable through a federally insured depository financial institution and be machine-readable MICR-encoded with the bank routing number, account number and check serial number printed on the check; (b) Merchant shall obtain proper identification from the customer so as to verify that the customer is authorized to negotiate the check before submitting the check to SPS-EFT GETI for authorization; (c) Merchant shall obtain a customer authorization in the form of a signed sales receipt for each check transaction submitted for electronic processing (“Electronic Check Authorization Receipt”); (d) Merchant shall scan each check through its POS terminal to initiate electronic processing and Merchant shall use an electronic printer connected to a POS terminal to generate and print all electronic check sales receipts; (e) All items, goods and services purchased in a single transaction shall be included in the total amount on a single sales receipt; (f) At the time Merchant initiates authorization with SPS-EFTGETI, Merchant warrants that the person presenting the check has been properly identified; (g) Following SPS-EFTGETI’s authorization of the transaction, Merchant shall ensure that the customer that presented the check signs the receipt and legibly prints his/her correct full name and telephone number by hand. Merchant shall also ensure that the sales receipt contains the following correct information: (w) the customer’s bank account number and the check number from the MICR data; (x) Merchant’s name and business address; (y) the date of the transaction; and (z) the total cash price of the sale (including all applicable state, federal or local surcharges and taxes) or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made. After customer signs the receipt, Merchant shall deliver to the person presenting the check a true and completed copy of the sales receipt. No check may be altered after SPS-EFT GETI authorizes acceptance of the check. Merchant may not resubmit a check electronically or deposit it by any means, once SPS-EFT GETI authorizes a transaction. Merchant shall also write (i) the authorization number from the transaction on the face of the check for each transaction and (ii) the current phone number of the customer on the face of the check. Failure to comply with the above requirements will, in addition to other penalties (such as but not limited to loss of Guarantee for all transactions), subject Merchant to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services and indemnification of SPS-EFT GETI by Merchant pursuant to this Agreement. YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE ELECTRONIC CHECK WRITER’S EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUS, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF CHECK (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD SPS-EFT GETI AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE SPS-EFT GETI FOR THE TRANSACTION(S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE SPS-EFT GETI FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND SPS-EFT GETI WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.

Requirements For Processing Electronic Checks. Merchant MERCHANT shall comply with the following conditions when processing electronic checks and agrees to complete all transactions in accordance with the provisions of this Agreement and such rules of operation as may be established by SPS-EFT from time to time. Merchant MERCHANT shall accept only the following checks as source documents to initiate ACH debit entries through SPS-EFT; (a) All demand deposit account checks must be drawn on or payable through a federally insured depository financial institution and institution; be machine-readable MICR-encoded with the bank routing number, account number and check serial number printed on the check; , and be for an amount less than or equal to the approved check limit assigned by SPS-EFT. (b) Merchant MERCHANT shall obtain proper identification identification, in the form of a valid drivers license, from the customer so as to verify that the customer is authorized to negotiate the check before submitting the check to SPS-EFT for authorization; . (c) Merchant MERCHANT shall obtain a customer authorization in the form of a signed sales receipt for each check transaction submitted for electronic processing (“Electronic Check Authorization Receipt”)processing; (d) Merchant MERCHANT shall scan each check through its POS terminal POP MICR reader/check scanner to initiate electronic processing and Merchant processing. MERCHANT shall use an electronic printer connected to a POS terminal POP MICR reader/check scanner to generate and print all electronic check sales receipts; (e) All items, goods and services purchased in a single transaction shall be included in the total amount on a single sales receipt; (f) At the time Merchant MERCHANT initiates authorization with SPS-EFT, Merchant MERCHANT warrants that the person presenting the check has been properly identified; (g) Following SPS-EFT’s authorization of identified and is legally authorized to present the check for payment. Once SPS- EFT authorizes the transaction, Merchant MERCHANT shall ensure that the customer that presented the check signs the receipt and legibly prints his/her correct full name and telephone number by hand. Merchant shall also ensure that the sales receipt contains the following correct information: (w) the customer’s bank account number and the check number from the MICR data; (x) Merchant’s name and business address; (y) the date of the transaction; and (z) the total cash price of the sale (including all applicable state, federal or local surcharges and taxes) or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made. After customer signs the receipt, Merchant shall deliver to the person presenting the check a true and completed copy of the sales receipt. No check may be altered after SPS-EFT authorizes acceptance of the check. Merchant may not resubmit a check electronically or deposit it by any means, once SPS-EFT authorizes a transaction. Merchant shall also write (i) the authorization number from the transaction on the face of the check for each transaction and (ii) the current phone number of the customer on the face of the check. Failure to comply with the above requirements will, in addition to other penalties (such as but not limited to loss of Guarantee for all transactions), subject Merchant to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services and indemnification of SPS-EFT by Merchant pursuant to this Agreement. YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE ELECTRONIC CHECK WRITER’S EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUS, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF CHECK (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD SPS-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE SPS-EFT FOR THE TRANSACTION(S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE SPS-EFT FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND SPS-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.legibly

Requirements For Processing Electronic Checks. Merchant MERCHANT shall comply with the following conditions when processing electronic checks and agrees to complete all transactions in accordance with the provisions of this Agreement and such rules of operation as may be established by SPS-EFT GETI from time to time. Merchant MERCHANT shall accept only the following checks as source documents to initiate ACH debit entries through SPS-EFTGETI; (a) All demand deposit account checks must be drawn on or payable through a federally insured depository financial institution and institution; be machine-readable MICR-encoded with the bank routing number, account number and check serial number printed on the check; , and be for an amount less than $2500 unless otherwise authorized by GETI. (b) Merchant MERCHANT shall obtain proper identification identification, in the form of a valid driver’s license, from the customer so as to verify that the customer is authorized to negotiate the check before submitting the check to SPS-EFT GETI for authorization; . (c) Merchant MERCHANT shall obtain a customer authorization in the form of a signed sales receipt for each check transaction submitted for electronic processing (“Electronic Check Authorization Receipt”)processing; (d) Merchant MERCHANT shall scan each check through its POS terminal POP MICR reader/check scanner to initiate electronic processing and Merchant processing. MERCHANT shall use an electronic printer connected to a POS terminal POP MICR reader/check scanner to generate and print all electronic check sales receipts; (e) All items, goods and services purchased in a single transaction shall be included in the total amount on a single sales receipt; (f) At the time Merchant MERCHANT initiates authorization with SPS-EFTGETI, Merchant MERCHANT warrants that the person presenting the check has been properly identified; (g) Following SPS-EFT’s authorization of identified and is legally authorized to present the check for payment. Once GETI authorizes the transaction, Merchant MERCHANT shall ensure that the customer that presented the check signs the receipt and legibly prints his/her correct full name and telephone number by hand. Merchant To be valid, MERCHANT shall also ensure that the following: 1. That the sales receipt contains the following correct information: (wa) the customer’s bank account number and the check number from the MICR data; (xb) MerchantMERCHANT’s correct name and business address; (yc) the date of the transaction; and (zd) the total cash price of the sale (including all applicable state, federal or local surcharges and taxes) or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made. (e) After customer signs the receipt, Merchant MERCHANT shall deliver to the person presenting the check a true and completed copy of the sales receipt. ; (f) No check may be altered after SPS-EFT GETI authorizes acceptance of the check. Merchant MERCHANT may not resubmit a check electronically or deposit it by any means, once SPS-EFT GETI authorizes a transaction. Merchant 2. MERCHANT shall also write (i) the authorization number from the transaction on the face of the check for each transaction and (ii) the current phone number and driver’s license number of the customer on the face of the check. Failure to comply with the above requirements will, in addition to other penalties (such as but not limited to loss of Guarantee for all guarantee of ALL transactions), subject Merchant MERCHANT to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services and indemnification of SPS-EFT GETI by Merchant MERCHANT pursuant to this Agreement. YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE ELECTRONIC CHECK WRITER’S EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUSFICTICIOUS, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE, IMPRISONMENT IMPRISIONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INITIATED INTIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF CHECK (SCHECK(S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD SPS-EFT GETI AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE SPS-EFT GETI FOR THE TRANSACTION(S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE SPS-EFT GETI FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND SPS-EFT GETI WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.

Requirements For Processing Electronic Checks. Merchant MERCHANT shall comply with the following conditions when processing electronic checks and agrees to complete all transactions in accordance with the provisions of this ACH Agreement and such rules of operation as may be established by SPSPaya-EFT from time to time. Merchant MERCHANT shall accept only the following checks as source documents to initiate ACH debit entries through SPSPaya-EFT; (a) All demand deposit account checks must be drawn on or payable through a federally insured depository financial institution and institution; be machine-readable MICR-encoded with the bank routing number, account number and check serial number printed on the check; , and be for an amount less than or equal to the approved check limit assigned by Paya-EFT. (b) Merchant MERCHANT shall obtain proper identification identification, in the form of a valid driver’s license, from the customer so as to verify that the customer is authorized to negotiate the check before submitting the check to SPSPaya-EFT for authorization; . (c) Merchant MERCHANT shall obtain a customer authorization in the form of a signed sales receipt for each check transaction submitted for electronic processing (“Electronic Check Authorization Receipt”)processing; (d) Merchant MERCHANT shall scan each check through its POS terminal POP MICR reader/check scanner to initiate electronic processing and Merchant processing. MERCHANT shall use an electronic printer connected to a POS terminal POP MICR reader/check scanner to generate and print all electronic check sales receipts; (e) All items, goods and services purchased in a single transaction shall be included in the total amount on a single sales receipt; (f) At the time Merchant MERCHANT initiates authorization with SPS-Paya- EFT, Merchant MERCHANT warrants that the person presenting the check has been properly identified; (g) Following SPSidentified and is legally authorized to present the check for payment. Once Paya-EFT’s authorization of EFT authorizes the transaction, Merchant MERCHANT shall ensure that the customer that presented the check signs the receipt and legibly prints his/her correct full name and telephone number by hand. Merchant To be valid, MERCHANT shall also ensure that the following: 1. That the sales receipt contains the following correct information: (wa) the customer’s bank account number and the check number from the MICR data; (xb) MerchantMERCHANT’s correct name and business address; (yc) the date of the transaction; and (zd) the total cash price of the sale (including all applicable state, federal or local surcharges and taxes) or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made. (e) After customer signs the receipt, Merchant MERCHANT shall deliver to the person presenting the check a true and completed copy of the sales receipt. ; (f) No check may be altered after SPSPaya-EFT authorizes acceptance of the check. Merchant MERCHANT may not resubmit a check electronically or deposit it by any means, once SPSPaya-EFT authorizes a transaction. Merchant 2. MERCHANT shall also write (i) the authorization number from the transaction on the face of the check for each transaction and (ii) the current phone number and driver’s license number of the customer on the face of the check. Failure to comply with the above requirements will, in addition to other penalties (such as but not limited to loss of Guarantee for all guarantee of ALL transactions), subject Merchant MERCHANT to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services and indemnification of SPSPaya-EFT by Merchant MERCHANT pursuant to this ACH Agreement. YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE ELECTRONIC CHECK WRITER’S EXPRESSED AUTHORITY. YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUSFICTICIOUS, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE PER INSTANCE UP TO A $500,000 MONTHLY FINE, IMPRISONMENT IMPRISIONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INITIATED INIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF CHECK (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD SPSPaya-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE SPSPaya-EFT FOR THE TRANSACTION(STRANSACTION (S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE SPSPaya-EFT FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND SPSPaya-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.