MERCHANT APPLICATION Logo
  • MERCHANT APPLICATION

  • 1.SUMMARY OF BUSINESS (Please describe in DETAIL what you do and what you sell including pricing):

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  • Depository Bank Account Information. Attach voided check for the account listed Name must match legal or DBA name listed on check. By providing the following reference information, you are authorizing Bank to initiate ACH debit and credit trans- actions to said account.

  • Principals (Must Equal 51% Or More Ownership)

  • Owner 1:

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  • Owner 2:

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  • Have Merchant or Owners Ever Filed for Bankruptcy?

  • (877)203-6624 support@payarc.com

    PayArc Merchant Application v.20210827-Evolve.docx

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  • MERCHANT APPLICATION

  • Member Bank Information: Evolve Bank & Trust, 6070 Poplar Ave Ste 100 Memphis, TN 38119-3905 Phone: (866) 395.2754

    Merchant Information: Refer to Merchant Application

  • Important Bank Responsibilities:

  • Important Merchant Responsibilities:

  • 1. Evolve B&T is the only entity approved to extend acceptance of Visa products directly to a Merchant. 2. Evolve B&T is responsible for educating Merchants on pertinent Visa Operating Regulations with which Merchants must comply. 3. Evolve B&T is responsible for all funds held in reserve that are derived from settlement. 4. Evolve B&T is responsible for and must provide settlement funds to the Merchant. 5. Evolve B&T must be a principal (signer) to the Merchant Agreement 6. Merchant Agreement does not contain any provision that could be deemed to limit such responsibility.

    1. Ensure compliance with cardholder data security and storage requirements. 2.Review and understand the terms of the Merchant Agreement. 3.Maintain fraud and chargebacks below thresholds. 4.Comply with all Card Brand’s Operating Regulations.

    The responsibilities listed above do not supersede terms of the Merchant Agreement or the Merchant Marketing and Processing Agreement between Evolve Bank & Trust and PayArc, LLC, and are provided to ensure the Merchant understands some important obligations of each party and that the Visa Member - Evolve Bank & Trust - is the ultimate authority should the Merchant have any problems.

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  • 4.MERCHANT APPLICATION AND AGREEMENT ACCEPTANCE

    Important Information about Procedures for Opening a New Account: To help the government fight the funding of terrorism and m oney laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you op en an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents By executing this Merchant Application on behalf of the merchant described above ("Merchant"), the undersigned individual(s) represent(s), warrant(s), and acknowledge(s) that: (i) All information contained in this Merchant Application ("Application") is true, correct and complete as of the date of this Application; (ii) If the Merchant is a corporation, limited liability company, or partnership, the individual(s) executing this Application has/have the requisite legal power and authority to complete and submit this Application on behalf of the Merchant and to make and provide the acknowledgements, authorizations and agreem ents set forth herein on behalf of the Merchant and individually; (iii) The information contained in this Application is provided for the purpose of obtaining, or maintaining, a merchant account for the Merchant with the Sponsor Bank ("BANK") and BANK shall rely on the information provided herein in its approval process and in settling the applicable Discount Rate, Approved Average Ticket, and Approved Monthly Card Volume; (iv) BANK is authorized to investigate, either through its own agents or through credit bureaus/agencies, the credit of the Merchant and each person listed on this Application;* (v) BANK will determine all rates, fees and charges and notify Merchant of the approved fees and by Merchant's submission and acceptance of Merchant's first settled transaction, Merchant agrees to pay suc h approved fees; (vi) The Merchant Agreement (defined below) shall not take effect until Merchant has been approved by BANK and a merchant number has been issued to merchant; and (vii) he/she has received, read, and understood, the terms and conditions set forth at https://www.payarc.com/agreements/payarc-evolve-terms-and-conditions as they may be amended from time to time (the “Terms and Conditions”, and together with the Merchant Application, “the Merchant Agreement”) and agrees on behalf of the Merchant to be bound by the terms of such Merchant Agreement. As provided in Section 4.1 of the Terms and Conditions, the term of this Agreement shall be three (3) years; Merchant may terminate this Agreement, in accordance with the procedures of Section 4.1, without cause or penalty within 45 days after the Agreement becomes effective, after which time termination or abandonment of the Agreement without cause may result in assessment of Early Termination Fees. The Merchant on whose behalf this Application is being submitted acknowledges that this Application is being submitted to Evolve B&T as the Sponsor Bank by PayArc LLC (“ISO”) which shall be a party to this Merchant Agreement. Merchant Agreement by the ISO, the Bank is entirely responsible for, and in control of, ISO performance. Merchant acknowledges that ISO and Bank shall rely on the representations and warranties set forth in this Application for Merchant Agreement and unless otherwise specified or prohibited by Association or applicable law, ISO shall have all the rights of BANK under this Application and Agreement. *In the event that an individual listed on this application is a Canadian resident, PayArc LLC shall have the authority to make any inquiries with any third party we consider necessary to confirm your registration with us. This includes your authorization to order a credit report and verifying the information you provide against third-party databases. In the case of US residents, PayArc LLC shall have this same authority, including your authorization to order a credit report. For purposes of the Merchant Agreement and performance of the Merchant Agreement by the ISO/TPPP, the Sponsor Bank is entirely responsible for, and in control of, ISO/TPPP’s performance.

  • MERCHANT

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  • PAYARC

  • BANK

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  • By signing above Merchant further acknowledges that they have read, understand and agree to be bound by the terms of PCI Compliance as described on this site: http://www.visa.com/cisp

    5.CONTINUING PERSONAL GUARANTY PROVISION – PERSONAL GUARANTOR

    By signing below, each individual or entity ("Guarantor") jointly and severally (if there is more than one Guarantor) and unconditionally guarantees to ISO and Bank the prompt payment and full and complete performance of all obligations of the Merchant identified above under the Merchant Agreement, as amended from time to time, including, without limitation, all promises and covenants of the Merchant, and all amounts payable by the Merchant under the Merchant Agreement, including, without limitation, charges, interest, costs and other expenses, such as attorney's fees and court costs. This means, among other things, that ISO or Bank can demand performance or payment from any Guarantor if the Merchant fails to perform any obligation or pay what the Merchant owes under the Merchant Agreement. Each Guarantor agrees that his or her liability under this guaranty will not be limited or canceled because: (1) the Merchant Agreement cannot be enforced against the Merchant for any reason, including, without limitation, bankruptcy proceedings; (2) either ISO or Bank agrees to changes or modifications to the Merchant Agreement, with or without notice to Guarantor; (3) ISO or Bank releases any other Guarantor or the Merchant from any obligation under the Merchant Agreement;(4) any law, regulation, or order of any public authority affects the rights of either ISO, Merchant, or Bank under the Merchant Agreement; and/or (5) anything else happens that may affect the rights of either ISO or Bank against the Merchant or any other Guarantor. Each Guarantor further agrees that: (a) ISO and Bank each may delay enforcing any of its rights under this Guaranty without losing such rights and hereby waives any applicable Statute of Limitations; (b) ISO and Bank each can demand payment from such Guarantor without first seeking payment from the Merchant or any other Guarantor or from any security held by the Bank; and (c) such Guarantor will pay all court costs, attorney's fees, and collection costs incurred by either ISO or the Bank in connection with the enforcement of the Merchant Agreement or this Guaranty, whether or not there is a lawsuit, and such additional fees and costs as may be directed by a court. If the Merchant is a corporation or limited liability company, this Guaranty must be executed by a principal or affiliate of Merchant

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  • (877)203-6624 support@payarc.com

    PayArc Merchant Application v.20210827-Evolve.docx

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  • MERCHANT APPLICATION

  • Do hereby certify as follows: The following resolutions were duly adopted by the board of directors/managing member(s)/general partners (circle one) of the Company: WHEREAS, the Company desires to enter into the Merchant Agreement with Evolve Bank & Trust, a Arkansas state chartered bank (“Bank”) and PayArc LLC, (“ISO”), a Connecticut limited liability company; WHEREAS, pursuant to the terms of the Merchant Agreement, Bank and ISO will provide certain credit card financing and processing for Visa, MasterCard, and Discover® credit card purchases made by the Company’s customers; WHEREAS, pursuant to the terms of the Merchant Agreement, (a) the Company may be required to establish a Reserve Account (as defined in the Merchant Agreement) and (b) Bank may require the Company to direct certain funds relating to credit card purchases to such Reserve Account; WHEREAS, pursuant to the terms of the Merchant Agreement, Bank may require the Company to execute instruments evidencing Bank’s security interest in the Operating Account (as defined in the Merchant Agreement) and Reserve Account; and WHEREAS, pursuant to the terms of the Merchant Agreement, the Company is required to comply with strict requirements concerning the processing of credit card transactions and the sale of the Company’s products. NOW, THEREFORE, BE IT RESOLVED, that the Merchant Agreement by and among the Company, Bank and ISO, pursuant to which Bank and ISO shall act as the Company’s exclusive provider of Visa, MasterCard, and Discover credit card financing and processing services, is hereby approved and adopted in the form considered in connection with resolutions, together with such additions, changes or modifications as may be deemed necessary, advisable or appropriate by the officer(s) executing or causing the same to be completed; and RESOLVED FURTHER, that in connection with the Merchant Agreement, the appropriate officer(s) of the Company is/are hereby authorized to establish (a) an Operating Account into which funds from credit card sales by the Company will be directed, and (b) if necessary, a Reserve Account into which funds from credit card sales by the Company may be directed by Bank in accordance with the provisions of the Merchant Agreement; RESOLVED FURTHER, that the Company hereby grants Bank a security interest in the funds held by the Company in the Operating Account and Reserve Account, and the appropriate officer(s) of the Company is/are hereby authorized to execute all documents reasonably required by Bank to perfect such security interests; RESOLVED FURTHER, that the appropriate officer(s) of the Company is/are hereby authorized to enter into such additional agreements, and take such additional actions as may be reasonably required by Bank or ISO in connection with the Merchant Agreement; and RESOLVED FURTHER, that the Secretary/managing member/general partner (circle one) of the Company is hereby authorized to deliver to Bank and ISO a Certificate (i) identifying the officers of the Company, (ii) verifying the signatures of such officers, and (iii) certifying a copy of these resolutions, and Bank and ISO are hereby authorized to rely on such Certificate until formally advised by a like certificate of any changes therein, and is hereby authorized to rely on any such additional certificates. Each person listed below (an “Officer”) (i) holds the office in the Company indicated opposite his or her name on the date hereof; (ii) the signature appearing opposite his or her name is the genuine signature of each such officer; (iii) each such Officer, acting individually, is authorized to execute and deliver the Merchant Agreement and each of the agreements and documents contemplated by the Merchant Agreement (collectively, the “Transaction Documents”) on behalf of the Company; and (iv) each such Officer, acting individually, is authorized to perform the Company’s obligations under the Transaction Documents on behalf of the Company.

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