Client certifies that all information set forth in this completed Online Application is true and correct and that Client has received a copy of the MC, Visa and Discover Tiered Grid ID numbers, Program Guide (Version FDBCS1008) and Confirmation Page, which is part of this Online Application (consisting of Sections 1-10), and by this reference incorporated herein. Client further agrees that Client will not accept more than 20% of its card transactions via mail, telephone or Internet order. However, if your Application is approved based upon contrary information stated in Section 3, Transaction Information section above, you are authorized to accept transactions in accordance with the percentages indicated in that section. This page also serves as an electronic signature page to the Equipment Lease Agreement as Section 35, if selected, the undersigned Client being the “Lessee” for purposes of such Equipment Lease Agreement. Client authorizes First Data Merchant Services Corporation (“FDMS”) and Wells Fargo Bank (“Bank”) and their agents to investigate the references, statements and other data contained herein and to obtain additional information from credit bureaus and other lawful sources, including persons and companies names in this Online Application. Client authorizes FDMS and BANK and their agents (a) to produce information from any consumer reporting agency bearing his/her personal credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, and (b) to contact all pervious employers, personal references and educational institutions. It is our policy to obtain certain information in order to verify your identity while processing your account application. You acknowledge that by accepting a Discover® card for payment, you agree to the terms and conditions of Discover ® Network (“Discover”). Such terms and conditions will be sent to you by Discover ®. The individual who agrees to 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 electronically sign and enter into this Agreement on behalf of your establishment, subsidiaries and affiliates, and that you authorize American Express Travel Related Services Company, Inc. to verify the information on this Application. Client authorizes FDMS and Bank and their affiliates to debit Client’s designated bank account via Automated Clearing House (ACH) for costs associated with equipment hardware, software and shipping. Client agrees to all of the terms of this Online Application and Agreement. This Online Application and Agreement shall not take effect until Client has been approved and this Agreement has been accepted by FDMS and Bank.
Member Bank Information: Wells Fargo Bank. The Bank’s mailing address is Wells Fargo Bank, N.A., Walnut Creek, CA
Important Member Bank Responsibilities:
(a) The bank is the only entity approved to extend acceptance of Association products directly to a Merchant.
(b) The Bank must be a principal (signer) to the Merchant Agreement.
(c) The Bank is responsible for educating Merchants on pertinent Association Rules with which Merchants must comply.
(d) The Bank is responsible for and must provide settlement funds to the Merchant.
(e) The Bank is responsible for all funds held in reserve that are derived from settlement.
Important Merchant Responsibilities:
(a) Ensure compliance with cardholder data security and storage requirements.
(b) Maintain fraud and chargebacks below Association thresholds.
(c) Review and understand the terms of the Merchant Agreement.
(d) Comply with Association rules.
ELECTRONIC SIGNATURE ACKNOWLEDGMENT
(1) I understand that the electronic application process in which I am currently engaged uses an electronic signature process that allows me to sign and agree to legally binding agreements online by using my mouse to enter and agree. I acknowledge that I intend to use this electronic application process to provide my signatures electronically. I understand that these signatures are legally binding, and are governed by the Federal ESign Act of 1997, and/or the UETA governances (or an amended version thereof) in my state of residence. I agree to be bound by these governances. (2) I represent and warrant that I am authorized by the entity on behalf of which I am signing and agreeing to these agreements to do so. I also agree that the electronic signatures that I provide online will be binding upon me and the entity on behalf of which I am signing, and will not be construed by a court of law to have any less effect than a standard ink or paper signature. (3) I represent that the information I have provided on the Merchant Application and Agreement is complete and accurate, and I authorize Service Providers to verify the information on this Merchant Application and Agreement and to receive and exchange information about me, including requesting reports from consumer reporting agencies. (4) I acknowledge that: (a) this complete and legible Merchant Application and Agreement has been provided to me, (b) I was technically capable of opening, reading, printing, downloading and/or saving all sections of the Merchant Application and Agreement, (c) I had a reasonable opportunity to open each section of the Merchant Application and Agreement, read it, and sign and agree to it by selecting “I Agree” and using my mouse to click to enter and agree to be bound by its provisions. I further understand that no strikeouts, interlineations, additions or modifications to this preprinted Merchant Application and Merchant Agreement may be made and that this Merchant Application and Merchant Agreement may be transmitted to or from First Data Merchant Services Corporation and Wells Fargo Bank or their agents and/or retained electronically by First Data Merchant Services Corporation and Wells Fargo Bank or their agents, which will constitute an original. I understand that this Merchant Application and Merchant Agreement are subject to approval by First Data Merchant Services Corporation and Wells Fargo Bank.
The Client guarantees to FDMS and Bank the performance of this Agreement and First Data Lease, if applicable, and any addendum thereto by Client, and in the event of default, hereby waives Notice of Default and agrees to indemnify the other parties, including payment of all sums due and owing and costs associated with enforcement of the terms thereof. FDMS and Bank shall not be required to first proceed against Client or enforce any other remedy before proceeding against the undersigned individual. This is a continuing guarantee and shall not be discharged or affected by the death of the undersigned and shall bind the heirs, administrators, representatives and assigns and be enforced by or for the benefit of any successor of FDMS and Bank. The term of this guarantee shall be for the duration of the Online Application and Agreement and any addendum thereto and shall guarantee all obligations which may arise or occur in connection with my activities during the term thereof through enforcement shall be sought subsequent to any termination.
Payment Depot is a registered ISO/MSP of Wells Fargo Bank, N.A.,Walnut Creek, CA