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Terms & ConditionsService AgreementBACKGROUND 2. The service provider ( GTC ) is agreeable to providing such services to the customer, on the terms and conditions as set out of this agreement. ENGAGEMENT GTC owns all personal computers, scanners and software.( If applicable). Client cannot share personal information with others that are not a part of the system. If client decides to discontinue the service he/she must contact the provider within thirty days. Contract is for a five year period and must continue in full force for the agreement period. PERFORMANCE COMPENSATION LATE PENALITIES ADDITIONAL COMPENSATION ADDITIONAL LIABILITIES Client also have the responsibility to report any negative activity and all bad checks that have received and GTC might recover this bad check and pay 100% of check value if client is already engaged in check recovery option. GTC is not responsible for any checks cashed after its recommendation. EXPENSES PROVISION OF AMENITIES RETURN OF PROPERTY NOTICES NON-COMPETITION PRIVACY The terms of this agreement shall commence the date GTC executes this agreement, and shall continue for a term of (5) years from the first 1ST day of the calendar month following the later of the date GTC executes this agreement or the first date that all of clients locations receive the service from GTC ( initial term) except as hereafter provided, unless either party gives written notice to the other party at least 90 days prior to the expiration of any term. The agreement including all addenda, schedules and exhibits hereto or referencing this agreement shall be automatically extended for additional periods equal the initial term. All obligations of the client incurred or existing under this agreement as of the date of termination, shall survive such termination. Client agrees to pay GTC the fees, expenses and all other amounts set forth in the agreement including, but not limited to the client price schedule. Thereafter, GTC may increase its per transaction fees for the services. Except as limited above, GTC may change or add fees and/or charges without notice. And such fees and/or charges shall be immediately payable by clients when assesses by GTC. Not withstanding any other provisions of this agreement, Client shall be responsible for all fees, assessments and penalties imposed by third party providers such as, but not limited to other networks and telecommunications companies, and any changes or increases shall automatically become effective without notice and shall be immediately payable by client when assessed by GTC. GTC reserves the right to enter into other agreements pertaining to the services with others including without limitation other clients. The parties agree that GTC shall be the exclusive provider of the service to the client and all of its locations. The client hereby authorizes GTC to initiate ACH debt/credit to client checking account. This authority is to remain in full force and effect until all amounts payable to GTC and are paid in full or until (A). GTC has received a written notification from client of its termination in respect to GTC service agreement terms and conditions. (B). All obligations of the client to GTC have been arisen under this agreement and have been paid in full , including but not limited to fees, leases, purchase rentals, or any other service that client has with GTC. The individual who signs this agreement has authority to do so and to bind its establishment to the terms and conditions of this agreement. You further represent that you are authorized to sign and enter into this agreement on behalf of your establishment, subsidiaries and affiliates, and that you authorize General Technology Company to verify the information on this application. You acknowledge that by signing this service agreement application ( a photocopy or facsimile copy of this agreement shall be valid as original ) you agree to the terms and conditions of General Technology Company. Client acknowledges having received and/or read GTC terms, conditions of the service agreement, and agrees to the fees stated in the terms and conditions of this agreement. (as modified from time to time in accordance with the provisions of the service agreement). Personal Guaranty: In exchange for General Technology Company, check cashing network service, the under sighed unconditionally guarantee performance of the client obligations under GTC terms and conditions. And payment of all sums due hereunder. In the event of default, hereby waves notices of default and agrees to indemnity GTC for any and all amount due from client under agreements, I understand that this is a guarantee of payment and not of collection, and GTC is relying upon guarantee in entering into this Agreement. EVENT OF DEFAULT This agreement and all the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees. Neither this agreement nor any interest herein may directly or indirectly be transferred or assigned by client, in whole or in part, without the prior written consent of GTC. This agreement is for the benefit of, and may be enforced only by GTC and client and their respective successors and permitted transferees and assignees, and is not for the benefit of, and may not be enforced by, any third party.. All notices, requests demands and other communications to be delivered hereunder unless specified otherwise herein shall be in writing and shall be delivered by registered or certified mail. If any term or provision of this agreement or any application thereof shall be invalid or unenforceable the remainder of this agreement and any other application of such term or provision shall not be affected thereby. Client shall always maintain an open checking account at a financial institution which GTC or its agent can access the federal reserve automated clearing house (ACH) system. Client authorizes GTC to ACH debit and/or credit the account to settle any and all fees and other amounts due GTC under this agreement. Client shall always maintain the account with sufficient cleared funds to meet the obligations under this agreement. In the event client desires to change the account or the financial institution where the account is located, client shall give GTC 30 days prior written notice of any such changes. All amounts due GTC under this agreement shall be paid without setoff or deduction and shall be due from client as of the date GTC originates the ach debit transaction record to clients account, Any fees not collected from client by GTC when due shall bear interest at one (1) percentage point per month but in no event more than the highest rate permitted by law. The acceptance by GTC affiliate or other financial institution of clients closing (termination of) its account shall not constitute a mutual agreed upon termination of this agreement. GTC at its option reserves the right to establish from amounts payable to client hereunder, or to cause client to prepay to GTC, a reserve of funds satisfactory to GTC to cover anticipated fees, charge backs, returns and any other applicable assessments. Should client give notice of termination to GTC at any time. Client warrants that both before entering into any agreement with any third party for the services provided to client by as specified in this agreement with client for all such services under the same terms and conditions (except for the length of the term). Which shall not be less than the length of the initial term. Of this agreement in lieu of clients entering into such agreement with a third party. Client shall indemnify, defend, and hold harmless GTC agents from and against all proceedings, claims, losses, damages, demands liabilities and expenses whatsoever, including all legal and accounting fees and expenses and all collection cost, including all legal accounting fees and expenses and all collection cost, incurred by GTC ,and agents resulting from or arising out of the service in this agreement, the business of client or its customers, transactions acquired by GTC. Clients noncompliance with GTC rules and/or the operating regulations, or by reason of any breach or nonperformance of any provision of this agreement on the part of the merchant, or its employees, agents or customers. This indemnification shall survive the termination of this agreement. CLIENT AND GTC HEREBY WAIVE THE RIGHT TO TRAIL BY JURY IN ANY MATTER ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTIONS OR RELATIONSHIPS CONTEMPLATED HEREBY. EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, business or any incidental, special. consequential or punitive damages (whether or not event shall GTC be liable for any damages or losses that are wholly or partially caused by the client, or its employees or agents, that should have been reported to GTC, or that first occurred, whether or not discovered by client more than 30 days prior to GTC receipt of written notice from client. GTC liability hereunder. GTC shall not be deemed to be in default under this agreement or liable for any delay or loss in the performance. Failure to perform, or interruption of any service resulting, directly or indirectly, from errors in data provided by GTC or others, labor disputes, fire or other casualty, power outages, governmental orders or regulations, or any other cause, whether similar or dissimilar to the foregoing, Beyond GTC reasonable control/ Upon such an occurrence, performance by GTC shall be excused until the cause for the delay has been removed and GTC has had a reasonable time to again provide the services. No cause of action, regardless of form, shall be brought by either party more than one month after the cause of action arose, other than one for the nonpayment of fees and amounts due GTC under this agreement. This agreement ( including all addenda and schedules and exhibits hereto and all documents and materials referenced herein) supersedes any and all other agreements, oral or written, between the parties hereto with respect to the subject matter hereof, and sets forth the complete and exclusive agreement between the parties with respect to the services and unless specifically provided for herein, other services are not included as part of the agreement, if there is a conflict between GTC and client agreement and addendum or schedule or exhibit hereto. The addendum or schedule or exhibit shall control.. Except as provided in this agreement, this agreement including any addendum or schedule or exhibit hereto shall only be modified or amended by an instrument m writing opinion, violates or would violate the operating regulations, GTC rules, or any federal, local statute or ordinance or any regulation, order or directive of any. In addition, GTC reserves the right, without notice to state or governmental agency or court to delete client from the Services, without relieving client from any of system for as period of one year or more/less. Client agrees to be responsible for all direct and indirect costs (including but not in connection with and/or its affiliates and/or agents) in connection with and or related and/or related to any conversion or programming effort affecting the Services after clients initial conversion from GTC. Clients acknowledges and agrees that GTC may make public the execution of this agreement by client and/or any of clients affiliates: and/or the Services which may be or have been provided under the agreement. Within 30 days of GTC written request, client shall provide GTC with an audited financial statement for clients most recent fiscal year end and/or quarterly financial statements prepared and certified by clients chief financial officer. undertaking or agreement for portion thereof) set forth herein, the waiving party shall thereafter be barred from recovering, and thereafter shall not seek to recover, any liabilities or expenses, including, without limitation damages, claims, losses other expenses, from the other party in respect of the matter or matters so waived. Except as otherwise specifically provided for in this Agreement, the failure of any party to promptly enforce its rights herein shall not be construed to be a waiver of such rights required to perform any special programming, to provide any special hardware or software addendum or schedule or exhibit are in addition to those rights and remedies set forth in the agreement and/or available to GTC at law or in equity. Client will be solely responsible for the quality. accuracy, and adequacy of transactions and information supplied hereunder, and will establish and maintain adequate audit controls to monitor the quality and delivery of such data. Client acknowledges that GTC may intercept and settle client transactions directly with other entities processed by GTC. client agrees that the Services shall be provided in accordance with GTC then current systems, standards and procedures and that GTC shall not be required to perform any special programming, to provide any special hardware or software to implement any other system, program or procedure for GTC. unless otherwise agreed in writing by GTC, all sales draft, sales transaction, settlement and other data and information used in connection with the Services shall be provided to GTC in GTC current data formats and by means of GTC then current telecommunications configurations and protocols. GTC shall comply with all time deadlines, equipment and software maintenance and upgrading requirements which GTC may reasonably impose on client from time to time. Client grants to GTC a security interest in all of clients it's now owned or hereafter acquired interest in all property in which GTC or any of GTC affiliates are, at any time, granted a lien for any obligation and all property in possession of letters of credit, chattel paper, or other property delivered to GTC or any of GTC affiliates, in transit, for safekeeping, or for collection or exchange for other property, all distributions, dividends, warrants, securities and other rights in addition to such property all rights to payment from and claims against GTC and all proceeds thereof ('collateral') as security for payment of all sums due under this Agreement including without limitation any schedules, addenda and amendments hereto. Client agrees to immediately deliver such additional dividends, warrants, securities, or other property rights thereof to GTC immediately upon GTC demand therefore. The undersigned agrees that in the event it seeks protection from its creditors pursuant to any Chapter of the Federal Bankruptcy immediately, or anytime thereafter, suspended upon the filing of a bankruptcy petition until such time that an appropriate reserve of funds is established between the parties pursuant to this agreement or by Court Order and/or there is an Order of the Court assuming or rejecting the agreement pursuant. Client and GTC agree that any facsimile or other copy of this agreement evidencing the execution by both parties shall be deemed an original. un ass agreed to in writing. Any rights and remedies specifically provided for in any to this client price schedule shall be a schedule to the GTC Client Agreement between GTC and client. As used herein, the term Agreement shall have the meaning ascribed to it in the GTC, client Agreement. Except for the terms defined herein, the capitalized terms herein shall have the same meaning as ascribed to them in the Agreement. In the event of a conflict between the Agreement and this Schedule, this Schedule shall control. An express GTC lien is herby acknowledged on the business location to secure the total lease amount, and client agree that any legal proceeding will take place Toledo, Ohio. TRANSACTION AND OTHER FEES Transactions shall include but not be limited to sales drafts, authorizations, credits other point of sale of transactions, etc. transaction. Each client ID that is used in a given month, as determined by GTC records of client IDs which have logged onto GTC during the month will result in a separate access fee charge. GTC service is subject to change without notice and will be provided in accordance with, and subject to the terms of, the Agreement and GTC standards. NETWORK FEES CLIENT FEES It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the service hereunder. The Service Provider and the client acknowledge that this agreement does not create a partnership or a joint venture between them. GTC have reserved the right to assignee this lease to a third party or any financial institution.. MODIFICATION OF AGREEMENT TIME OF ESSENCE ENTIRE AGREEMENT Client acknowledges receipt and review of GTC check system, rules and regulations ( GTC Rules) which are incorporated into this agreement .. Client agrees to fully comply with all the terms and obligations in the then current GTC rules and changed or updated by GTC from time to time at its sole discretion and by ordinary mail Client agrees to participate in check cashing systems and other networks in compliance with, and subject to, the by-laws, operating regulations and/or all other rules, and procedures of such organizations as in effect from time to time (collectively, Operating Regulations). In the of a conflict between GTC rules and this agreement, GTC shall prevail. For purposes of this agreement , the following terms shall have the meaning set forth below; (a) Agreement shall mean this GTC and client agreement. The client agreement price schedule and each addendum, schedule and other/or exhibit attached hereto or referenced in or incorporated into this agreement. (b) Service or Services, shall mean any and all services described in , and provided by GTC pursuant to this agreement, © other defined terms and services applicable to this agreement will be contained in a General Services Addendum, as may be published and modified from time to time by GTC and the parties agree that such Addendum shall be incorporated into and made part of this agreement. Client grants to the undersigned GTC the exclusive right to provide check cashing services and agrees to make the payments as provided for herein and GTC agrees to furnish such services and equipment specified above, all in accordance with the terms of this agreement, GTC shall have no confidentiality obligations with respect to any GTC services. Confidentially addendum separately entered into by client and expressly reference this service agreement. SEVERABILITY ADDITIONAL CLAUSE Client may utilize a third party as clients agent to perform some of clients obligations under this agreement. Client shall only use an agent upon sixty (60) days prior written notice to GTC and provide GTC does not object and/or does not at a later time object to such agent.. Client expressly agrees that GTC shall in no event be liable to client or any third party for any actions or inactions of any agent used by the client. And client hereby expressly assumes all such liability. The client shall not, without GTC express written consent, sell, purchase, provide, or exchange GTC name, address account number or other information to any third party other than to GTC for the purposes of completing sales transactions GTC shall have the sole right to receive payment on service transactions and leases acquired by client, and client agrees not to sue or make any collections thereon except as may be specifically authorized by GTC in writing. CURRENCY TERMINATION SALES REPRESENTATIVE GOVERNING LAW LEASE GTC have reserved the right to assignee this lease to a third party or any financial institution.. TRANSACTION AND OTHER FEES Check GuaranteeGeneral RequirementsON SITE REQUIRMENTS FOR PAYROLL, GOVERNMENT CHECKS (SSI, & WELFARE) 1. Conduct a search: 2. REQUIRED IDENTIFICATION ( if not in the network)
3. SIGNATURE ON THE BACK OF THE CHECK
4. ALL CHECKS ARE REQUIRED TO HAVE THE FOLLOWING WRITTEN ON THE FRONT OF THE CHECK. 4..1 D.O.B 5. CHECKS REQUIREMENTS : A. The paper checks must be deposited in Subscribers financial institution account within 48 hours (from creation date in our system) from cashing this check, and maximum 5 business days from the date of the check. B. $950.00 dollar limit per client /month C. Minimum Checks cashed in location $75.000.00 scanned through our system. GTC WILL NOT HONOR :
Payment reqirements: 1. Send bad check Alert to the Admin 2. Scan bad check under the named individual
last revised 1/2/08 |
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