Thank you for requesting the ATM Depot forms package. Inside this package you will find the necessary forms to get your ATM Machine Program up and running.

1. Merchant Processing Agreement: This 4-page document includes standard legal language to protect both parties. This is the document most banks want to see to show your company has an agreement with an ATM provider, and if you plan to notify them you will be running an ATM. If you plan to use your existing business bank account and use funds from your cash register to load the ATM daily and not pick up funds from the bank, your bank will probably not ask to see this. If you plan to get funds from your bank for your ATM, you should complete this before opening your ATM Business Bank Account. This document explains your rights and obligations and our rights and obligations, and is the legal contract between us for running your ATM Machine program and ensuring you get paid as agreed.
2. ATM Operator Agreement: This 1-page form is a required document similar to opening a bank account. It requires all the pertinent information, including telling our banking partners who they are doing business with and ensuring they comply with all federal regulations.
3. ACH Form: This 1-page form is required for us to deposit settlement funds back into your accounts. When someone withdraws cash from your ATM, the ATM Networks deduct the funds from the customer's bank and sends the money back to your bank account. This form designates where you want your ATM funds and surcharge income deposited. One ACH Form is required for every party that we pay. Voided checks for each deposit account are required with this form.

4. A Standard W-9 Form: This form is required to report surcharge income for tax purposes.

5. Equipment Order Form: Use this form to order an ATM. We will contact you by phone to review your order and collect payment with you over the phone at that time. You can also email or text us a photo of your Credit Card if you prefer that method.

6. Wireless Agreement: Optional but recommended. This 3-page form includes a wireless router for your ATM. A router secures your ATM signal and separates it from your store's internet, providing a super-fast, reliable connection to the networks so your ATM doesn’t rely on your location's internet. This ensures your ATM never goes down if your Internet goes down. If your POS machine uses your internet, you don’t want both devices to be unavailable if your Internet goes down.
            
7. Do you accept credit cards? An ATM saves you credit card fees? If you convert some credit card customers to use your ATM, you can dramatically reduce your credit card fees. Make sure you display signs that promote your ATM.

 

 

 

You, the Merchant, agree that you own and operate a business and plan to operate an Automated teller machine ("ATM") to dispense cash in your Business. ATMDepot.com hereinafter "Company" provides ATM equipment, ATM processing services, support, and ATM operational training to Merchants who desire to engage Company to perform certain services as set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals and of the covenants and agreements hereinafter contained, it is hereby agreed as follows:

1. EQUIPMENT. If Merchant purchases an ATM from ATMDepot.com, Merchant agrees they shall place the ATM in their business location according to the location information ("Premises") as set forth on the ATM Operator Agreement.

2. AVAILABILITY. Merchant agrees that the ATM shall remain available for use at Premises and shall ensure customers have access to cash at the ATM during the regular business hours for the term of this Agreement. Merchant further agrees to follow Company suggested maintenance, system improvements, software upgrades, and other general maintenance as the network regulations require.

3. TRANSACTION PROCESSING FEES. The Company’s ATM PROCESSING CENTER agrees to pay the Merchant for each surcharged transaction made at the ATM. A "surcharge transaction" means any cash withdrawal from a cardholder's account where a surcharge fee is collected. ATM PROCESSING CENTER shall pay Merchant 100% of their surcharge for each surcharged withdrawal transaction. Payments are made via ACH through the ATMDepot.com PROCESSING CENTER directly to Merchant between the 7th and the 15th of each calendar month following the calendar month in which the transactions occurred when the accrued amount to be paid is greater than $25. ATMDepot.com does not charge any Network fees, however, the ATM PROCESSING CENTER does pass-through any standard network fees. As of Jan 2025, MasterCard and NYCE fees are being passed through at the rate of $0.10 and $0.075 respectively for a total charge of $0.175. Pass-through fees are shown on your monthly statement. Network fees may be increased or decreased ONLY if such increase or decrease is related to a corresponding cost incurred by Company or ATM PROCESSING CENTER in providing such service as deemed and announced by the ATM networks via industry news. Any network fees passed-through may be passed-through to your customers by increasing your surcharge by the same amount or more at any time. There is no fee for changing your surcharge amount.

4. NETWORKS: COMPANY shall enroll Merchant ATM in all necessary ATM networks to effectively accept customer ATM and PIN-based debit and credit cards. Networks include but are not limited to AFFN, Cirrus, CU24, Visa, MasterCard, Star, NYCE, The Exchange, Fiserv, & Pulse.

5. PROCESSING SERVICES. Company agrees to provide data processing services, through its agreement with ATM PROCESSING CENTER in its sole discretion, may select, to process authorized ATM transactions. Merchant agrees to accurately complete, or has accurately completed the Operator Application and Agreement, and has completed and delivered or shall complete and deliver such other Documents as required to facilitate the implementation and delivery of such processing services.

6. RECEIPT PAPER AND CASH REQUIREMENTS. At its cost and expense, the Merchant shall keep an adequate supply of paper on hand, which is available from Company or any other supplier. Merchant agrees to maintain sufficient funds in the ATM at all times for normal expected transaction usage.

7. COMMUNICATION AND ELECTRICAL REQUIREMENTS. Merchant shall arrange for a proper hardwired RJ45 internet connection from the location's ISP Router or purchase a wireless device for uninterrupted communications and one (1) dedicated operating electrical power outlet (110V). Merchants may purchase a wireless communication system from ATMDepot.com instead of using a hardwired internet connection (WiFi can not be used) to ensure the ATM can communicate with the ATM PROCESSING CENTER at all times. Merchants considering their own ISP for communication may do so, recognizing that if their ISP goes down, the ATM will be non-operational. A dedicated ATM Wireless device is highly recommended.

8. TERM. This Agreement shall be for a term of 1 year, unless amended or terminated by written agreement signed by both Company and Merchant or terminated by Company pursuant to paragraph 13 below. Notwithstanding anything contained herein to the contrary, Agreement will automatically renew for subsequent additional 3-year terms unless Merchant provides written notice to the contrary ninety days prior to the end of the current term. Merchant understands and agrees that any additional ATM shall have independent terms, and requires a separate Operator Agreement for each location. Each ATM added by Merchant has its own term equal to those of the original terms and begins upon the installation date.

9. WARRANTIES & REPRESENTATIONS OF MERCHANT. Merchant warrants and represents as follows: (a) It is the owner of the Business or is in the process of opening the Business. (b) It is engaged in a lawful business and is duly licensed under the state, county, and city laws where the merchant and the ATM are located to conduct such business. (c) It has not been terminated from settlement or card transactions by any financial institution or determined to violate MASTERCARD or VISA, to conduct such business. (d) It has the authority to enter into this Agreement with Company and that the person(s) signing for or on behalf of Merchant are specifically authorized and directed to do so by Merchant.

11. TERMINATION. This Agreement and all obligations of the Company hereunder may be canceled by the Company in the event Merchant fails to comply with the terms of this Agreement. Merchant may terminate this Agreement prior to the end of the then current term, provided Merchant gives Company 90 days advance notice and pays Company any outstanding fees. Any unpaid charges are subject to debit from monthly commissions or ACH. Merchant hereby authorizes Company to collect any unpaid balance due on the termination date by electronic fund transfer from Merchant's clearing account.

12. ATTORNEY'S FEES. If legal action is instituted to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to costs, such sums as the court may adjudge reasonable for legal fees at trial and on any appeal.

13. COMPANY NOT FINANCE AGENT. Merchant understands and agrees that the Company is not an agent of any financing party for ATM purchases, all ATM purchases must be paid for when the equipment is ordered by credit card, ACH, or certified bank check. 

14. COMPANY'S LIMITED LIABILITY TO Merchant.

(a) Company will use ordinary care in providing transaction processing service and will, at Company's expense, correct any errors that are due solely to Company's personnel. However, the expense of correcting such errors incurred by Company shall be the only responsibility of Company occasioned by its performance or non-performance of its obligations under this Agreement, and Merchant agrees to accept the correction of errors by Company as its sole and exclusive remedy. Merchant may not assert any claim against Company after one (1) year from the date that Merchant has or should have had knowledge of facts giving rise to such claim or any loss.

(b) Company shall have no liability to third parties for any damages incurred by such third parties arising out of the performance or non-performance of services under this Agreement, and Merchant agrees to and hereby shall indemnify and hold Company, it’s owners, officers and agents harmless of, from and against any and all liability, claims, causes of actions or expenses relating thereto including Company's attorneys' fees in connection therewith.

(c) EXCEPT AS PROVIDED IN THIS PARAGRAPH 14, Merchant UNDERSTANDS AND AGREES THAT COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE ATM, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THE SERVICES RENDERED TO MERCHANT. COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ADDITIONAL, OR PUNITIVE DAMAGES OF Merchant, OR ANY OTHER LIABILITY ARISING OUT OF ANY BREACH OF THIS AGREEMENT.

15. INDEMNIFICATION. Merchant shall indemnify Company and hold Company, and its officers, directors, employees, agents, and independent contractors, harmless of, from and against any and all claims, liabilities, costs, attorney's fees, losses or expenses, directly arising or resulting from the training, installation, use, maintenance, or removal of the ATM or the services covered by this Agreement accruing after the date hereof and/or from merchants breach of this Agreement, except to the extent such claim, liability, cost, loss or expense, or a portion thereof arises directly from the gross negligence or willful misconduct of Company, its officers, agents, or employees. This provision shall survive termination of this Agreement.

16. ASSIGNMENT. This Agreement may be assigned by Company or Merchant with Company's prior written consent. Company reserves the right, in its sole discretion, to delegate or assign to third parties the performance of certain of Company's servicing and settlement obligations to Merchant. In the event of any such delegation, the provisions of this Agreement applying to Company shall apply equally to such third party in the performance of such services including, but not limited to, the limited liability, indemnification, and force majeure provisions hereof.

( a ) ASSIGNMENT. It is understood and agreed that if Merchant sells, transfers, or assigns any ATMs associated with this agreement to a new owner of its Business, this agreement and each ATM Operator Agreement shall remain in force for the assigned Business owner and ATM Operator throughout its remaining or renewed term.

17. FORCE MAJEURE. Neither party shall be considered in default in the performance of its obligation should its performance thereof be delayed or prevented by force majeure. "Force majeure" shall include, but shall not be limited to: hostilities, restraint of rules or peoples, revolution, civil commotion or riots, strike or lockout, epidemic, accident, fire, flood, earthquake, wind storm or explosion, lack of or failure of transportation facilities, lack of or failure of power facilities, regulation or ordinance, demand or requirements of or denial of approval by any government or governmental agency having or claiming to have jurisdiction over the subject matter of this Agreement or the parties, or any act of God, or any act of government, or any cause, whether of the same or different nature existing or future, which is beyond the control and without the fault or negligence of the parties.

18. TRADE SECRETS. The processing services provided by Company consist in part of computer programs, procedures, forms, and other related materials which have been acquired, licensed to or developed by Company at substantial expense. Merchant acknowledges that the foregoing are trade secrets which are of great value to Company, and disclosure to others of any of the training programs, procedures, forms, and other related materials with respect thereto will result in loss and irreparable damage to Company. Merchant, therefore, agrees not to disclose to others any information regarding such process, except as required in the proper performance of this Agreement. All specifications, online programs, service and trademarks, and related material developed by or for Company in connection with this Agreement shall be the property of Company.

19. RELATIONSHIP OF PARTIES. It is not the intention or the purpose of this Agreement nor shall any provision herein create nor shall the same be construed as creating any type of partnership or joint venture of the parties hereto.

20. WAIVER. A waiver by either party of a breach of any provision of this Agreement shall not constitute a waiver or prejudice of the parties' rights to otherwise demand strict compliance with this Agreement and any and all provisions hereof.

21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto. There are no other promises, representations, terms, conditions or obligations other than those contained herein. This Agreement supersedes all prior communications, representations or agreements, oral or written, between the parties and shall not be modified except in writing signed by each party.

22. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which counterparts shall together constitute one and the same instrument. A true and complete facsimile copy of this Agreement and any signature affixed hereto shall be legally effective for all purposes.

23. NOTICE. Any notices to be given under this Agreement shall be deemed adequate if given in writing and sent by certified or registered mail, by recognized air courier, by email to the registered email address on file, or by facsimile at a fax number known to be maintained by the party to whom notice is to be given, coupled with a copy of the fax confirmation sheet. Notice shall be deemed given when it is received.

24. MISCELLANEOUS. This Agreement shall bind and inure to the benefit of each party and their successors, representatives, and heirs. This Agreement sets forth the entire agreement of the parties with respect to its subject matter and shall supersede any prior discussions, understandings and agreements. No waiver or modification to this Agreement shall be effective unless it is in writing, signed by the parties. This agreement shall be deemed to have been made in the State of California and shall be governed by its laws. No provision of this Agreement shall be interpreted or construed against any party because such party or its legal counsel was the drafter thereof. If any part of this Agreement is held invalid or unlawful by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

 

 

IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Agreement as of the day and year indicated above.

A registered location name and address are required for this Operating Agreement. If you don’t have a location yet, please use your business name and address (even if it’s your home) for now. The Operating agreement location doesn’t need to be changed once submitted even if you move or install the ATM at a different retail location as long as you’re the operator.

PATRIOT ACT DISCLOSURE: IMPORTANT INFORMATION ABOUT PROCEDURES FOR BECOMING A CUSTOMER – To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity who becomes a customer. What this means for you: When you become a customer, 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.

A registered location name and address are required for this ACH. If you don’t have a location yet, please use your business name and address (even if it’s your home) for now. If and when you need to update or change it to a merchant location, you can request a new ACH form when you are ready to install the ATM.

Surcharge Splits: Would you like to split the surcharge from your ATM between multiple parties? If you are sharing the surcharge with others and want us to pay them for you so you don't have to do that accounting or make the payments, we can!

Here is how you tell us your Surcharge Splits:

• List all payees receiving surcharge payment below
• Payee #1 is required which is usually you, then select the "Additional Payees" box to enter up to two more payees
• Each payee will need to complete an ACH form, provide a voided check for verification of banking information, and submit a W-9 before payment can be made directly.
  • The W-9 for Payee #1 is included below in this forms package
  • An additional ACH Authorization form can be found here or you can pass this link along to the other parties to fill it out themselves: https://forms.atmdepot.com/ach
    • Make sure he/she uses the same Location Name and Address
  • An additional W-9 form can be found here or you can pass this link along to the other parties as well: https://forms.atmdepot.com/w9
    • Payout Name should match Name on W-9

Enter your TIN in the appropriate box. The TIN provided must match the name given as 'Name' above to avoid backup withholding. For individuals, this is generally your social security number (SSN).  For other entities, it is your employer identification number (EIN).

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.

Please click on the "Review" button located at the bottom to see if all the information are correct then click "Submit".