Merchant Card Processing Application & Agreement

Total Sales - 100%

Section A. The following information for each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25% of more of the equity interests of the legal entity or sole proprietorship for which the account is being opened.

FUNDS TRANSFER: In accordance with the terms set out in the Terms and Conditions, transfer funds will be made to/from the Settlement Account.

AUTHORIZATION FOR AUTOMATIC FUNDS TRANSFER (ACH): The Member Bank (defined on page 1) is authorized to initiate or transmit automatic debit and/or credit entries and/or check entries to the Settlement Account for all services contemplated under this Agreement. Said authority is granted to Member Bank’s Processor and their agents. This authority is to remain in effect until Member Bank or its agents receive written notice from Merchant revoking it. You understand that you will be considered the Receiver of all ACH entries submitted hereunder, and agree to comply with all rules and operating guidelines of the NACHA Rules and other relevant clearing house associations which are applicable to Receivers, as the same may be applicable to transactions processed hereunder.

Merchant has indicated which services it is requesting. Merchant agrees that Member Bank and Processor are not a party to any agreement for services from the following companies: American Express (See AMEX T&C @www.TSYS.com/amexterms), Discover Network, and/or PayTrace. and that any such agreements are strictly between Merchant and each individual company. Merchant further agrees and acknowledges that Member Bank is not a party to any agreement for products or services related to gift cards, gift cards customized gift cards or any gift card program mentioned herein including, but not limited to giftcard.TSYS.com. Merchant must be approved by each company and each company may send its agreement to the address of Merchant indicated herein upon such approval. Merchant agrees to be bound by such company’s agreement. Discover: By signing below, Merchant, Processor, and TSYS Merchant Solutions, LLC agree to the terms of the TMS Discover Agreement and separately to the TMS American Express Agreement. TSYS Merchant Solutions, LLC is not a party to the Merchant Card Processing Agreement. Merchant must identify all third party agents involved in the payment process that may have access to cardholder data

CONTINUING PERSONAL GUARANTY PROVISION - PERSONAL GUARANTOR(S): THIS general, absolute, and unconditional continuing Guaranty (“Guaranty”) by the undersigned (collectively “Guarantor” or “my” or “I” or “me”), is for the benefit of Processor and/or Member Bank (each a “Guaranty Party” and “Collectively the “Guaranty Parties”). For value received, and in consideration of the mutual undertakings contained in the Merchant Card Processing Agreement and allied agreements (“Agreement”) between the Guaranty Parties and Merchant as set forth below, I absolutely and unconditionally guarantee the full performance of all Merchant’s obligations to the Guaranty Parties, together with all costs, expenses, and attorneys’ fees incurred by any Guaranty Party in connection with any actions, inactions, or defaults of Merchant. I waive any right to require the Guaranty Parties to proceed against other entities or Merchant. There are no conditions attached to the enforcement of this Guaranty. In connection with my company’s application for merchant processing services, I authorize the Guaranty Parties, their respective agents or assigns to obtain consumer reports and related information about me from one or more consumer reporting agencies. I understand that obtaining a consumer report about me may affect my credit score with one or more consumer reporting agencies. Pursuant to this authorization, I consent to you obtaining consumer reports about me during the processing and review of the application and if the application is approved, at various times during the term of the merchant agreement for any lawful purpose, including but not limited to: (i) underwriting and verifying information in the application, (ii) authenticating my identity, (iii) assisting with internal modeling and analysis, (iv) maintenance, update, renewal, or extension of the merchant processing services; and (v) mitigating fraud, unauthorized transactions, and other illegal activities. I further authorize you to contact third parties to verify any information in the application and I authorize the release from such third parties of any records necessary to verify information about me. In connection with the purposes above, I authorize you to share all or parts of my consumer reports and any other information gathered pursuant to this authorization with agents, partners, counterparties, affiliates, or any successor-in-interest. I acknowledge and agree I have had an opportunity to review a summary of my rights under the Fair Credit Reporting Act, available here: https://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf. I agree that this Guaranty shall be governed and construed in accordance with the laws of the state of Georgia, and that the courts located in Muscogee County, Georgia shall have and be vested with personal jurisdiction over me. This is a continuing Guaranty and shall remain in effect until one hundred eighty (180) days after receipt by the Guaranty Parties of written notice by me terminating or modifying the same. The termination of the Agreement or Guaranty shall not release me from liability with respect to any obligations incurred before the effective date of termination. No termination of this Guaranty shall be effected by any change in my legal status or any change in the relationship between Merchant and me. This Guaranty shall bind and inure to the benefit of the personal representatives, heirs, administrators, successors and assigns of Guarantor and the Guaranty Parties.

By their execution below the undersigned parties agree to abide by the Merchant Card Processing Agreement (the “Agreement”). The Agreement consists of the Merchant Application and the Terms and Conditions (a separate attachment hereto), and Merchant acknowledges that it has received and read the terms and conditions at the time of signing. Merchant warrants that the information provided on the Merchant Application is complete and accurate. Merchant authorizes Central Payment Co., LLC d/b/a Global Payments (“Processor) and/or PNC Bank, N.A. (“Member Bank”) to provide a copy of this Merchant Application to any third party for the services requested. In connection with my company’s application for merchant processing services, I authorize Processor and/or Member Bank, or its agents or assigns, to obtain consumer reports and related information about me from one or more consumer reporting agencies. I understand that obtaining a consumer report about me may affect my credit score with one or more consumer reporting agencies. Pursuant to this authorization, I consent to you obtaining consumer reports about me during the processing and review of the application and if the application is approved, at various times during the term of the merchant agreement for any lawful purpose, including but not limited to: (i) underwriting and verifying information in the application, (ii) authenticating my identity, (iii) assisting with internal modeling and analysis, (iv) maintenance, update, renewal, or extension of the merchant processing services; and (v) mitigating fraud, unauthorized transactions, and other illegal activities. I further authorize you to contact third parties to verify any information in the application and I authorize the release from such third parties of any records necessary to verify information about me. In connection with the purposes above, I authorize you to share all or parts of my consumer reports and any other information gathered pursuant to this authorization with agents, partners, counterparties, affiliates, or any successor-ininterest. I acknowledge and agree I have had an opportunity to review a summary of my rights under the Fair Credit Reporting Act, available here: https://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf. If applicable, Merchant agrees by its signature below to the Sage Payment Solutions EFT, Inc. (SPS-EFT) POS Guarantee Conversion, POS Conversion, and QSP, all located at https://tsys.com/documents. TSYS Merchant Solutions, LLC is not a party to the Merchant Card Processing Agreement. In witness whereof the parties hereto have caused this Agreement to be executed by their duly authorized representatives effective on the date signed or approved by Member Bank.

Merchant Services Provider Contact Information Name:

Central Payment Co., LLC d/b/a Global Payments Address: One Heartland Way, Jeffersonville, IN 47130 Website URL: www.TSYS.com Customer Service Phone Number: 800-449-8012 / 877-269-6970

Member Bank Information: PNC Bank, N.A.

The Bank’s mailing address is PNC Bank, N.A., 300 Fifth Avenue, Pittsburgh, PA 15222 and its phone number is (412) 803-7711.

Important Member Bank Responsibilities 

• The Bank is the only entity approved to extend acceptance of Payment Network products directly to a Merchant.
• The Bank must be a principal (signer) to the Merchant Agreement.
• The Bank is responsible for educating Merchants on pertinent Visa and Mastercard Rules with which Merchants must comply; but this information may be provided to you by Processor.
• The Bank is responsible for and must provide settlement funds to the Merchant.
• The Bank is responsible for all funds held in reserve.

Important Merchant Responsibilities 

• Ensure compliance with cardholder data security and storage requirements.
• Maintain fraud and chargebacks below Payment Network thresholds.
• Review and understand the terms of the Merchant Agreement.
• Comply with Payment Network rules.
• Retain a signed copy of this Disclosure Page.

 

Merchant Resources

• You may download “Visa Regulations” from Visa’s website at: https://usa.visa.com/support/consumer/visa-rules.html
• You may download “Mastercard Rules” from Mastercard’s website at: https://www.mastercard.us/en-us/business/overview/support/rules.html

The responsibilities above do not replace the terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the Bank is the ultimate authority should the Merchant experience any problems.