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SWIPEPAY

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Required Account Set-Up Form

Check Appropriate Request(s):
Terminal Type (Check appropriate box and list quantity)
VeriFone
Item
Qty
 
*With integrated printer.
Ingenico
Item
Qty
 
PayAnywhere Mobile
PayAnywhere
Other
Software Information
Connection Type:
Discount Frequency
Pin Pad Type (Check appropriate boxes and list quantity)
EDGE Cash Discount (ICT220/250,VX520, VX680, (Payanywhere settings in app post boarding)
Cash Discount
* Choose flat fee and/or % here and on pricing page. If you choose both, higher amount will default.
Check Imagers and Check Services (Check appropriate boxes and list quantity)
Terminal Download Instructions (Check appropriate boxes for each feature desired)
Shipping Instructions (Check appropriate boxes)
Ship to:
Shipping Method:

*Next Day Air may not be available in all areas.
Appointment
Item
Payment Terms (Check all appropriate boxes)
Order Type:
Payment Source:
*If ACHing merchant’s account on your behalf, $5 ACH fee applies and all fees must be present on signed application or on signed debit authorization form.
Reprogram and Training Information
Agent does NOT reprogram third party software or gateways. Please contact the software vendors directly for reprogramming. ISO/Agent will supply a parameter sheet.
Default latest batch Possible for ndf 10 minutes prior to cut off time

MERCHANT PROCESSING APPLICATION

Type

BUSINESS INFORMATION

(as shown on your Income Tax Return)
Location Address:
Statement Mailing Address
TIN Type:
Type of Merchant
Statement Option Type
Business Processing Category
Currently accept Visa/MasterCard/Discover/AXP?
Seasonal Merchant
Indicate active months
(must equal 100%)
%
%
%
`%

OWNERS AND OFFICERS:

List all owning 25% or more business equity. Use addendum to list additional
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PRIMARY CONTROL CONTACT:

List person responsible for control/management of account (CEO, COO, Manager, etc.).
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SERVICES REQUESTED:

American Express Volume > $1,000,000
EBT:
Accepting all MasterCard, Visa, Discover Network, and American Express transactions (presumed unless any selections below are checked)
MasterCard
Visa
*Discover Network
*American Express
*Discover full-acquired unless ineligible for program (e.g. Discover retained merchants provide your Discover SE# above)
*AXP full-acquired unless ineligible for program (e.g. merchants over $1MM annual AXP volume, prohibited or do-not-sign merchants) provide your AXP-direct account SE# above.

PRICING SCHEDULE

PRICING SCHEDULE 1
PRICING SCHEDULE 2
For details regarding mid-qualified and non-qualified surcharges, please see page 3 section 1.14 of the terms and conditions. For purposes of this agreement the mid-qualified surcharge*
For purposes of this agreement the non-qualified surcharge is
Card association assessments will be passed through.
*mid-qualified surcharge only applicable to retail tiered merchants
or .50 per item

OTHER FEES

(if applicable) M=Monthly MPD=Monthly Per Device PA=Payanywhere MC=MasterCard DIS=Discover AXP=American Express IC=Interchange
I acknowledge that I will receive 60 days of free, premium plus access to the Payments Hub, after which I will be charged a monthly fee of $29.95 for continued premium access, which includes an equipment warranty program and free supply ordering. I understand that I may opt out of this premium access at any time while still enjoying the free features of the Payments Hub by emailing [email protected] or calling 877-464-4218.
This Agreement contains an Early Termination Fee calculated in accordance with Section 1.16(a). The initial term of this Agreement is three years from the date of your approval (the “Initial Term”). If you terminate this Agreement before the end of the then current term or otherwise stop processing your transactions with us, you will be charged this Early Termination Fee. After the Initial Term, this Agreement shall automatically extend for successive one month periods.

CERTIFICATION & AGREEMENT

Merchant acknowledges that you have accessed our Merchant Processing Agreement (“Agreement”) at www.myresourceportal.com/agreement. By signing below, Merchant agrees to all terms and conditions contained therein. From time to time, the Agreement may be updated. When this occurs, Agent will notify Merchant electronically (or by delivery method selected by Merchant at time of disclosure) when such updates have been made. Merchant acknowledges that continued use of Agent Merchant services after the update signifies Merchant Acceptance of updated Agreement. The undersigned is duly authorized to sign on behalf of the Merchant and to bind the Merchant to the terms and conditions set forth in this Merchant Application (“Application”) and previously referenced Agreement, and certifies that all information provided in association with this Application is true, correct and complete. By signing below on behalf of Merchant, you authorize Member/Bank and/or Agent to collect and use your Social Security number, including for purposes of obtaining consumer credit reports on you. You expressly acknowledge and agree that your Social Security number and your consumer credit report(s) may be required or used in conjunction with the maintenance, updating, renewal or extension of the services provided hereunder, or in conjunction with reviewing, taking collection action on, or any other legitimate purpose associated with the Merchant account. The undersigned consents to Member/Bank and/or Agent’s collection, processing and use of the information contained in this application including the transfer of such information to service providers or affiliates for any lawful purpose including, without limitation, to (i) verify individual identities, and (ii) transfer such information, including personal information, to one or more vendors providing a service that assists Member/Bank and/or Agent with respect to identity confirmation. A Merchant’s submission of a transaction to Agent shall be deemed to signify Merchant’s acceptance of the Agreement, including the terms and conditions herein.
Merchant Principal or Corporate Officer Signature
Merchant Principal or Corporate Officer Signature
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PERSONAL GUARANTY

In consideration of Agents and Bank’s acceptance of this Agreement, the undersigned Guarantor (jointly and severally if more than one) unconditionally guarantees the performance of all obligations of Merchant to Agent and Bank under the Agreement, and payment of all sums due hereunder, and in the event of default, hereby waives notice of default and agrees to indemnify Agent and Bank for all funds due from Merchant pursuant to the terms of the Agreement. Guarantor waives any and all rights of subrogation, reimbursement or indemnity derived from Merchant, and further waived any and all rights or defenses arising by reason of any modification or change in the terms of the Agreement whatsoever, including, without limitation, the renewal, extension, acceleration, or other change in the time any payment or other performance hereunder is due, and/or any change in any interest or discount rate or fee hereunder. Guarantor confirms that Guarantor, collectively or individually, is a party to the Agreement and, unconditionally and specifically authorizes Agent and Bank, or its authorized agent, to debit any overdue fees, costs, chargebacks, fines, fees, penalties, expenses or obligations under the Agreement and/or any contractual relationship with Agent and Bank from any personal checking or other account owned or controlled by Guarantor, and further to report any default hereunder on Guarantor’s personal Credit Bureau Report. Guarantor agrees to pay all costs and expenses of whatever nature, including attorney’s fees and other legal expenses, incurred by or on behalf of Bank in connection with the enforcement of this Guaranty.
Guarantor Signature
Guarantor Signature
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Payanywhere Free Equipment Placement Agreement

This Agreement is a contract between the Merchant and Payanywhere, LLC (“Payanywhere”).

NOW THEREFORE, Payanywhere and Merchant agree as follows:

Upon the approval of Merchant’s card processing application, Payanywhere shall ship the Payanywhere Equipment selected below to Merchant.

Merchant agrees (i) to use the Equipment only to process transactions permitted under its card processing agreement with Payanywhere, (ii) to be responsible for any damage to the Equipment as a result of its misuse or negligence, and (iii) not to reverse engineer, disassemble or modify the Equipment in any way.

Merchant agrees that the Equipment is the property of Payanywhere, is being licensed to Merchant, and must be returned in good and working condition within ten (10) days of the termination of Merchant’s card processing account with Payanywhere. If the Equipment is not returned in good and working condition within ten (10) days of the termination of Merchant’s card processing account, then the Merchant will be charged the Equipment Value indicated below.

If the Equipment is defective for any reason other than Merchant’s misuse or negligence, Payanywhere shall replace the defective Equipment with comparable Equipment, which may be new or refurbished. However, Merchant shall first return the defective Equipment to Payanywhere, and shall be responsible for all shipping and handling fees for the replacement Equipment. Notwithstanding this, Payanywhere shall have no obligation to replace Equipment free of charge more than one time within the first twelve (12) month period. Payanywhere shall have no other responsibility, obligation or liability with regard to the Equipment.

Payanywhere is not the manufacturer of the Equipment. Accordingly, Payanywhere makes no warranties, expressed or implied, and disclaims any warranties as to the suitability or merchantability or fitness of the Equipment for any particular purpose, for any negligent design or manufacture of the Equipment, or any software or other computer program provided with or to be used in conjunction with the Equipment. In addition, Payanywhere is not responsible for any liabilities, losses, claims, or damages of any kind in any way related to the use of the Equipment, including but not limited to any damage to the device(s) on which the Equipment is used, or to the software, applications or data downloaded or maintained on such device(s). Merchant may not nor may Merchant permit any third party to resell, lease or distribute in any way the Equipment.

Merchant agrees to indemnify and hold Payanywhere and its subsidiaries harmless from and against any and all liabilities, losses, claims, damages, disputes, offsets, claims or counterclaims of any kind in any way related to the use (or misuse) of the Equipment.

Payanywhere ships the Equipment with an activated SIM card which provides 4G cellular data access. Upon acceptance of the Equipment, Merchant agrees to a monthly cellular data access fee of $9.95 after 10 MB of data has been used each month. $9.95 covers up to 250 MB of data usage per month; each additional 250 MB of data usage in a month will be assessed an additional fee of $9.95 per month. Your first 25 Transactions processed each month using cellular data are free. After 25 free Transactions are processed, each additional Transaction processed that month using cellular data will incur a $0.10 fee. “Transactions” means all credit/debit and cash sales, refunds, voids, or preauthorizations processed on the Equipment. If you would like to avoid this charge, please contact us at [email protected] or 877.387.5640.

Merchant has accepted the following Payanywhere Equipment by checking box(es) below:
By signing below, Merchant understands that this Agreement constitutes a legal contract which binds Merchant.
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The undersigned, who will derive a benefit from the above Agreement between Merchant and Payanywhere, hereby guarantees to Payanywhere and to its successors and assigns, the full, prompt and complete performance of Merchant and all of Merchant’s obligations under such Agreement. The undersigned, by signing below, agrees to be bound by such Agreement and this Guaranty.
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FREE TERMINAL PLACEMENT AGREEMENT

This Agreement is a contract between the Merchant named below and Swipe Pay, INC (SPI). NOW THEREFORE, Swipe Pay, INC (SPI) and the Party (Merchant) agree as follows:

I. Merchant agrees that the Equipment is the property of SPI, is being licensed to Merchant, and must be returned in good and working condition within ten (10) days of the termination or expiration of the Merchant Account with SPI. If the Equipment is not returned within ten (10) days, Merchant agrees to pay the equipment value indicated below. Merchant authorizes SPI to ACH my account for said fees according to program. In addition, Merchant agrees to be responsible for any damage to the Equipment as a result of misuse or negligence. SPI reserves the right to replace the below models with comparable models and to add or discontinue models.

II. Merchant agrees to indemnify and hold SPI harmless from and against any and all liabilities, losses, claims, damages, disputes, offsets, claims or counterclaims of any kind in any way related to the use (or misuse) of the Equipment. Merchant understands that SPI agrees to free overnight delivery of replacement equipment, fully programmed and ready to use, up to but not exceeding twice the first year, and that each additional incident will incur a fee of $99.

Merchant has accepted the following equipment (the "Equipment") by checking one box below:
Except as herein otherwise expressly provided, the Merchant Agreement, as heretofore amended, shall remain in full force and effect.
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INDIVIDUAL GUARANTY (NO TITLES) I/We hereby guarantee to Swipe Pay, INC, their successors and assigns, the full, prompt and complete performance of Merchant and all of Merchant’s obligations under this Agreement, including, but not limited to, all monetary obligations arising out of Merchant’s performance or nonperformance under this Agreement, whether arising before or after termination of this Agreement. The undersigned, by signing below, agrees to be bound by the Agreement and this Guaranty
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BANK AND MERCHANT AGREEMENT DISCLOSURES

Merchant Bank Information

BMO Harris Bank
8500 Governor’s Hill Drive
Cincinnati, OH 45249
847-240-6600
FFB Bank
7690 N Palm Ave # 101
Fresno, CA 93711
559-439-0200
Citizens Bank, N.A.
One Citizens Plaza
Providence, RI 02903
877-550-5933

Upon approval the merchant bank will be selected and stated in your welcome letter. The selection is referred to herein as the “Bank”.

Important Bank Responsibilities

  1. Bank is the only entity approved to extend acceptance of VISA products directly to a Merchant.
  2. Bank must be a principal to the Merchant Agreement.
  3. Bank is responsible for educating Merchants on pertinent VISA Operating Regulations or such pertinent rules and regulation of MasterCard International with which merchants must comply. Merchant acknowledges it has read and understood, or seek clarification from Agent or the Bank, all such rules and regulations before submitting a transacation for processing by Agent and Bank.
  4. Bank is responsible for and must provide settlement funds to the Merchant.
  5. Bank is responsible for all funds held in reserve that are derived from settlement

Merchant Information

Important Merchant Responsibilities

  1. Ensure compliance with cardholder data security and storage requirements.
  2. Maintain fraud and chargebacks below thresholds.
  3. Review and understand the terms of the Merchant Agreement.
  4. Comply with VISA, MasterCard, And American Express and Discover Operating Regulations.
  5. You may download Visa Regulations from Visa’s website at: https://usa.visa.com/support/small-business/regulations-fees.html
  6. You may download MasterCard Regulations from MasterCard’s website at: http://www.mastercard.com/us/merchant/support/rules.html
  7. You may download the American Express Merchant Operating Guide from American Express’ website at: http://www.americanexpress.com/merchantopguide
  8. You may download additional merchant information from Discover Network’s website at: http://www.discovernetwork.com/merchants/index.html

Important Merchant Agreement Disclosures

  1. The initial term of your Merchant Agreement may be either: (a) 3 years (month-to-month thereafter), (b) 2 years (month-to-month thereafter), (c) 1 year (month-to-month thereafter), or (d) month-to-month.
  2. You must provide 30 days’ notice to terminate your Merchant Agreement prior to the expiration date of a Merchant Agreement with a 3-year, 2-year or 1- year initial term. If your Merchant Agreement is month-to-month, you may terminate the agreement at any time upon 30 days’ notice.
  3. You may terminate the Merchant Agreement within 45 days after executing the Merchant Agreement with no further obligations provided that you return all equipment within 30 days following the date of your termination notice. See Section 1.16(f) of the Merchant Agreement for details.
  4. You may initiate termination of the Merchant Agreement by sending your Merchant name, address and MID via overnight carrier or certified mail to Agent, 250 Stephenson Hwy., Troy, MI 48083 Attn: Customer Care. You may call Customer Care at (866) 485-8999 (Ext. 1300) if assistance is needed or you may contact your sales agent.
  5. If your Merchant Agreement has an initial term of 3-years, 2-years or 1-year and you elect to terminate your Merchant Agreement prior to the expiration of such term, you may be responsible to pay an early termination fee of not less than $295.
  6. For applicable fees payable by Merchant, you should review the (a) the Merchant Application, (b) Section 1.15 of the Merchant Agreement, and (c) any additional fee schedule.
  7. You understand that all fees may be modified or new fees introduced upon written notice to you. IMPORTANT – Within 30 days after a fee increase or the introduction of a new fee, you may terminate the Merchant Agreement without obligation to pay any applicable early termination fee other than fee increases or new fees caused by a Card Network or other 3rd party passed through to Merchant.
  8. You specifically authorize Servicers to debit your approved bank account(s) for fees, Chargebacks, returns, fines and any other penalties or amounts owed under the Merchant Agreement.
  9. You will be responsible for any monthly minimum fees, if any, set forth on the Merchant Application, as such fees may be adjusted from time to time.

The responsibilities listed above do not supersede terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the VISA Member– Bank –is the ultimate authority should the Merchant have any problems.

The purpose of the Important Merchant Agreement Disclosures is to provide the Merchant with an overview of key terms and conditions of the governing Merchant Agreement. The terms and conditions provided within this disclosure are not an exhaustive representation of all terms, conditions, rights or obligations under the Agreement. Defined terms used in this disclosure may be found in the Merchant Processing Agreement located at www.myresourceportal.com/epx_agreement.

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