Merchant Services (2013) •
INTRUST Bank -Merchant Services 1111111111111111111111111 P.O. Box 2121 Wichita.KS 67201 (316)383-1433 or(866)597-5666
M E R C 8 9 7
Merchant Services Individual Guaranty & Certification of Resolution
Individual Guaranty
Each individual signing below("Guarantor"),jointly and severally,if more than one,unconditionally guarantees to Bank,the full and prompt payment when due
of all obligations of Merchant arising directly or indirectly out of the INTRUST Merchant Services Agreement between the Merchant and Bank,as such
agreement may be amended from time to time("Agreement"). Each Guarantor further agrees to pay to Bank all expenses(including attorney's fees and coun
costs)incurred by Bank in enforcing this Guaranty. Guarantor must give Bank thirty days advance written notice of any revocation of this Guaranty,in which
case Guarantor will remain liable only for those obligations arising out of Merchant's defaults of the Agreement or card transactions occurring prior to the
effective date of the revocation. Guarantor understands that any revocation of this guaranty may cause the immediate tennination of services to Merchant.
By signing below,each Guarantor certifies the information on this Application is correct and hereby consents to BANK investigating Guarantor's credit and
obtaining background investigation reports on each Guarantor For the purpose of determining Merchant approval.
individually
Signature of Guarantor Date
,individually
Signature of Guarantor Date
,individually
Signature of Guarantor Date
Certification of Resolution
CITY OF SALINA
Tax,Filing Business Name
This is to certify that a meeting of the Board of Direeprs(if a corporation),or the Members(if a limited liability company),or all the partners(if a
partnership)was held on Ai us 1 .t ,20 /3 and that the following resolution was adopted,which has not been altered,amended or
revoked: i
BE IT RESOLVED,thatMan / UQ-hpt&'r Via r] titian Officer of the Corporation,or a Member of the LLC,or a Partner of the
Partnership,or Ihe'Owner)is hereby authorized,in the name of and foff the account of Company,to enter into an agreement through INTRUST Bank
to provide Merchant Services to customers of Company."
IN WITNESS WHEREOF,the Company officials have signed their names this day of ,2(l .
Check Type of Company
❑ Corporation [President and Secretary must sign this resolution]
❑ Limited Liability Company [Each managing member must sign this resolution]
❑ Partnership [All Partners must sign this resolution]
❑ Sole Proprietorship [Owner must sign this resolution]
Municipality [Elected Official or Clerk of Governing Body must sign this resolution]
❑ Not for Profit [Director rd Member must sign this resolution]
❑ Other:
ViCe
Si ature/Title Signature/Title
term Sg (A 1 r`--
Signatureffitle I Signature/Title
1
13825-206E(12/12)
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INTRUST Bank—Merchant Services IIIII I I IIIIII III I II II I III IIII III
P.O. Box 2121 Wichita, KS 67201 (316)383-1433 or 866-597-5666 ME RC 8 8 0
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INTRUST Merchant Services Agreement
This INTRUST Merchant Services Agreement("Agreement")is for merchant card payment processing services between CITY OF SALINA
('Merchant")and INTRUST Bank('Bank")whose headquarters is at 100 N.Main,Wichita,Kansas,67202. The Merchant Services Fee
Schedule and any amendment that may be attached to this Agreement are part of these terms and conditions,as are the Operating Rules,and
individually and collectively,all these items are referred to as the"Agreement'between Merchant and the Bank. This Agreement includes
provisions for processing credit and debit card Transactions,which will apply depending on the type of Cards Merchant accepts and the
selections designated on the Application.
1.DEFINITIONS
i.i"Advance Payment Service Merchant"is a Merchant permitted by the Bank to allow a Cardholder to use the Card for a partial or
complete advance payment.
1.2"Application"is the Merchant Services Application which Merchant completed and signed and which the Bank's authorized
representative signed.
1.3"Authorization"is the approval by,or on behalf of,the Card Issuer to validate a Transaction for a specified dollar amount for a merchant
or Bank.
1.4"Business Day"is Monday through Friday excluding Bank holidays. Each Business Day ends at the cut-off time specified by the Bank.
Charges submitted for processing on a holiday,weekend,or after the cut-of time are treated as received the following Business Day.
is"Card"is a credit,debit,prepaid or proprietary card with the service marks of a Card Organization.(See also"Valid Card").
1.6"Card Account"is the account of a Cardholder as represented by a Card.
1.7"Cardholder"is the person whose name is embossed on the front of the Card by the Card Issuer,or a person authorized to use the Card
by the Cardholder or Card Issuer.
La"Cardholder Data"means information provided by or about a Cardholder in the course of a Transaction or obtained through the use of a
Card,including but not limited to,Cardholder signature,Card Account number,Cardholder name,Card validation value or code,PIN,Card
expiration date,service code,Card magnetic stripe data and any other similar information,identifying the Cardholder or the related Card
Account,or any information related to any Transaction.
1.9"Card Issuer"is the entity authorized by a Card Organization to issue Cards to Cardholders.
no"Card Organization"is a card association such as Visa,U.S.A. Inc.,MasterCard International Inc.,or Discover Financial Services,
LLC.that maintains Operating Rules and operates an interchange system for exchanging Charges and Credits among Merchants,Banks,and
Card Issuers.When applicable,the term Card Organization,may also include debit networks that support debit card Transactions when the
Card Personal Identification Number is used to initiate the Charge.
1.11"Charge"is the evidence of an obligation of a Cardholder arising from a Transaction with Merchant,which is submitted by Merchant in
electronic form to the Bank for processing through a Card Organization's interchange system so that payment may be made to Merchant and
the amount of the Charge added to the Cardholder's Account.A Charge also may be referred to as a"charge record, 'sales draft.""sales
slip"or"Transaction."
't2"Charge Record"is an electronic or paper record of a Transaction(or a copy),generated at the Point of Sale.A Charge Record also may
be referred to as a"receipt."
1.13"Chargeback"is a return of a Charge to Merchant,typically initiated by a Cardholder through a Card Issuer,for transmittal to and
payment by Merchant under Operating Rules established by the Card Organization.
1.14"Clearing Record"is a record of Presentment,Chargeback,Representment,or Reversal in the format necessary to clear the Transaction
based on the Operating Rules.
1.15"Credit"is the evidence of a partial or total refund by Merchant of a previous Charge.The Credit must be submitted for processing
through a Card Organization interchange system to a Card Account.
Lis"Data Compromise Costs"include any expenses,claims,assessments,fines,losses,costs,and penalties,owed by Bank or Merchant to
any Card Organization,governmental entity,or Cardholder arising out of any alleged Data Compromise Event.
1.17"Data Compromise Event"is any suspected,alleged or confirmed loss,disclosure,theft or compromise of Cardholder Data.
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i.ta"Deposit Account"is the checking account or other acceptable account Merchant maintains at the Bank or at another depository
institution acceptable to the Bank for the credit of Charges and debit of Credits,Chargebacks,Processing Fees,and any fines or fees assessed
by Card Organization or Bank.
1.19"Merchant Provider"means any third party engaged by Merchant to provide services to Merchant involving:(1)access to Cardholder
Data or(2)PIN encryption.
1.20"Operating Rules"are relevant portions of Operating Regulations,Operating Manuals,Official Rules,Bulletins,Notices,Merchant
Account welcome kit materials,this Agreement and similar documents issued by Card Organizations or the Bank.
Ili"Point of Sale"or"POS"is each location of Merchant where Merchant and Cardholder can jointly complete a Charge or Credit
Transaction in connection with the Cardholder's purchase of goods or services.
1.n"Processing Fees"are the fees payable by Merchant to the Bank for services provided to Merchant in connection with this Agreement as
specified in the Merchant Services Fee Schedule.
1.23"Terminated Merchant File"is a file,maintained by MasterCard International,Visa U.S.A.,Discover Financial Services,or other Card
Issuers,that identifies Merchants and principals of Merchants that Bank or other similar merchant card service providers have terminated for
specified reasons.
1.24"Transactions"are Charges and Credits,collectively.
C340-171E(12/l2) Page I of9
I.zs"Valid Card"is a Card that is:(I)properly issued under the authority of a Card Organization(not counterfeit),(2)"current"according to
any beginning and expiration dates on the Cards,(3)signed by the Cardholder named on the front or other authorized signer,(4)not listed at
the time of a Charge in a warning bulletin or notice issued by a Card Organization(all referred to as"Warning List"),and(5)not visibly
altered or mutilated.
1.26"Valid Charge"is a Charge made with a Valid Card in accordance with all of terms of this Agreement.
2.APPLICATION AND INFORMATION
2.1 Application Acceptance.By completing and signing the Application,Merchant applies for the Card processing services covered by the
Application and this Agreement and warrants to the Bank that the information in the Application is true and correct.In its sole discretion,the
Bank may accept or reject Merchant's Application.
2.2 Card Types and Services.Merchant may present Charges to the Bank only for the activities and in the volumes described on the
Application.An authorized Bank representative must approve in writing any significant addition to those activities or Charge volume
exceeding the volume indicated on the Application before Merchant submits Charges for them to the Bank. Bank approval of the application
is limited to those Card types and services designated by Merchant on the Application. Merchant will not seek authorization for or submit a
transaction of any Card type to Bank other than the approved Card types shown on the Application. Merchant may change its election of
Card types and services only with the written consent of the Bank and must follow the transitional procedures specified by the Bank.
23 Locations.Merchant has provided Bank with a complete list of each physical location and intemet address where Merchant will accept
Cards,with current information for each location,including,physical address and telephone number(s),mailing address and,if available,
email address(es).Merchant will not accept Cards at any other physical location or intemet address without the prior approval of Bank.
3. WARRANTIES
Upon signing this Agreement,and each time Merchant submits a Charge to the Bank,Merchant represents and warrants that:
A.Merchant has complied with this Agreement.
n.There have been no materially adverse changes in information provided in the Application or in Merchant's financial condition.
c.Merchant does not do business under a trade name or fictitious name not previously disclosed in writing to the Bank,and there has been no
change in the nature of Merchant's business or the product lines that Merchant sells not previously disclosed to the Bank.
o.The Charge is genuine and arises from a bona fide sale of merchandise or services by Merchant,represents a valid obligation for the
amount shown on the Charge Record and does not involve the use of a Card for any other purpose.
E.Merchant has provided to its customer all of the services or merchandise related to the Charge,or has shipped its merchandise prepaid to
its customer,unless Merchant has been specifically permitted in writing by the Bank to submit advance payments.
F.Merchant has title to the Charge,there are no liens or other encumbrances on it,and Merchant has the authority to convey the Charge to the
Bank.
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G.The Charge is not subject to any dispute,set-off or counterclaim.
u.The Charge has not been previously presented to the Bank for processing.
t.Each statement on the Charge is true,and Merchant has no knowledge of facts which would impair the validity or ability to collect the
amount of the Charge.
z.Merchant has completed only one Charge per sale,or one Charge per shipment of merchandise where the Cardholder has agreed to partial
shipments.
tc The Charge was made at an authorized location as represented in Merchant's approved Application.
4.PAYMENT OF VALID CHARGES
4.1 Authorizations. Merchant will submit for payment only Transactions for which Merchant has received an Authorization.Obtaining an
Authorization will not ensure payment to Merchant for a Charge Record.Merchant's receipt of an Authorization does not affect Bank's right
thereafter to revoke Authorization of a Transaction or to charge back the Transaction to Merchant. An Authorization does not represent
Bank's representation or warranty,either express or implied,that the authorized Transaction is a Valid Charge.
4.2 Cash Back Transactions. Merchant may not submit cash back Transactions without the prior approval of Bank. If approved for cash
back Transactions,Merchant may not exceed the any cash back amount limitations that Bank may,establish or are contained in the Operating
Regulations. Merchant may not require any Cardholder to receive cash back as a condition of performing a Transaction.
43 Payments for Valid Charges:
A.The Bank will pay Merchant for each Valid Charge submitted to the Bank,by crediting Merchant's Deposit Account,provided the Bank
has received settlement for the Valid Charge through the accepted Card Organization interchange process.The Bank does not provide
payment for all Card types for which Authorization services are provided,including,without limitation,American Express.The Bank is not
obligated to pay Merchant for Charges submitted that are not Valid Charges.Each payment from the Bank to Merchant will be subject to
adjustment upon the Bank's further review and verification. Payment to Merchant for a Charge disputed by a Cardholder for any reason is
not final.
B.The Bank may deduct from any payment to Merchant the amount of any Credit processed for Merchant,any Chargeback to Merchant,any
amount to be credited to a Reserve Account and any Processing Fees and Card Organization fines or charges due from Merchant. Merchant
must immediately pay the Bank the amount for which a Credit processed on any day exceeds valid Charges submitted on that day. Without
limiting the Bank's remedies,the Bank may obtain the amount due by deducting it from the Deposit Account or other accounts or funds due
Merchant.
4.4 Processing Fees.Merchant will pay Bank processing fees in the amount specified in the Merchant Services Fee Schedule.With at least 30
days advance written notice to Merchant,the Bank may implement any additional fees and/or increase the Merchant Services Fee Schedule
effective for Transactions submitted on and after the effective date of the change.Processing fees and other service charges owed by the
Merchant to the Bank may be deducted by the Bank from amounts due Merchant,or from Merchant's Deposit Account.Merchant will pay
the amounts due by the next day if insufficient funds arc available in the Deposit Account.
C340-171 E(12/12) Page 2 of 9
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S. CHARGEBACKS
5.1 Responsibility for Chargebacks.The Bank will charge back to Merchant,and Merchant will pay back the Bank,the amount of each
Charge submitted that is returned to the Bank for any reason under the Operating Rules,or to the extent the Bank has received valid claims
from Cardholders under other provisions of law.A Chargeback may occur for any one or more of several reasons under the Operating Rules
or through operation of consumer protection laws such as the Truth in Lending Act and the Fair Credit Billing Act.Chargeback reasons
include,without limitation:
A.The Charge Record or any material information it contains as provided Merchant(such as the Card Account number,expiration date of the
Card,merchant description,purchase amount,Charge date and Authorization date)is illegible.incomplete,incorrect,unsigned,or is not
delivered to the Bank within the required time limits.
n.Merchant knew or,by following proper practices,should have known that the Card was not to be honored.
c.The Charge was completed without a Valid Card.
D.Merchant did not obtain Authorization,or did not provide a correct and legible Authorization code on the Charge record.
E.The Charge Record is a duplicate of another Charge Record,represents one of two or more Charges arising from a single purchase,or the
Charge has been submitted to another merchant card processor.
F.The Cardholder disputes participating in or approving the Charge,signing the Charge Record,or the sale,delivery,quality or performance
of the purchase.
C.The Cardholder alleges that return of goods or a Credit was improperly refused,or the Cardholder alleges that a Credit issued by Merchant
was not processed for the Card Account of the Cardholder.
n.The amount of the Charge Record submitted to the Bank differs from the amount on the copy required to be delivered to the Cardholder.
t.Merchant has breached any provision of the Operating Rules or this Agreement,including any warranty,or any applicable laws in
connection with the Charge.
J.The Charge was fraudulent or the related purchase was not a bona fide purchase in Merchant's ordinary course of business,was subject to
any claim of illegality,cancellation,avoidance,or offset for any reason,including,without limitation,negligence,fraud or dishonesty on the
part of Merchant or Merchant's agents or employees or was submitted in violation of the tenns of this Agreement..
tC The Cardholder has asserted a good faith claim or defense against the Charge.
L.The Charge is in violation of any law.
5.2 Excessive Chargebacks.If the Bank determines that Merchant incurred,or is reasonably likely to incur,a level or frequency of
Chargebacks unacceptable to Bank,the Bank may notify Merchant of new procedures it should adopt and additional fees imposed for
processing Chargebacks,and/or terminate this Agreement at the Bank's discretion without advance notice. Merchant must immediately pay
any fines or fees imposed by a Card Organization or the Bank relating to Chargebacks to Merchants.
53 Copies of Charges.Merchant will furnish the Bank with copies of Charges processed by the Bank and related information within 48
hours of the Bank's request.Doing so will not prevent a Chargeback,but failure to do so will significantly increase the probability of a
Chargeback.
Si Disputes and Representment.If Operating Rules permit Merchant to dispute a Chargeback,Merchant must submit its rebuttal to the
Bank following the Bank's procedures within 10 days after receiving notice of the Chargeback,or within the time provided in the notice of
the Chargeback,whichever is earlier.Merchant's failure to act within that time may not provide the Bank with a reasonable number of days
• to evaluate Merchant's dispute of the Chargeback and make a representment of the Charges to the Cardholder under the Operating Rules.
The Bank will not be obligated to make representments of Chargebacks except to the extent allowed by Operating Rules and Merchant's
timely dispute of the Chargebacks.The Bank's obligation to Merchant for a Chargeback is limited to representment under the Operating
Rules.The Bank will not engage in direct collection efforts against Cardholders on Merchant's behalf.
s.s Immediate Payment for Chargebacks.Each Chargeback to Merchant is immediately due and payable byMerchant.Without limiting the
Bank's other remedies or the Bank's security interest described in Section 8,the Bank may deduct,debit and withhold the amount of
Chargeback or anticipated Chargeback from the Deposit Account at any time without advance notice,and if sufficient funds are not available
in that account,from any other account or accounts of Merchant,other funds due Merchant from the Bank,and other property of Merchant
held by the Bank.The Bank will send Chargeback notices to Merchant as debits occur.To the extent funds are not available in an account of
Merchant with the Bank,Merchant authorizes the Bank to attach and initiate withdrawals of funds from Merchant's accounts at other
financial institutions,by automated clearinghouse entry,sight draft,preauthorized checks,reverse wires or otherwise to cover the
Chargebacks,and Merchant hereby authorizes the other financial institutions to withdraw the funds from Merchant's account and pay the
Bank the amount of the Chargebacks.The Bank will release to Merchant any of Merchant's deposits,funds or property after the Bank
determines that the deposits,funds,or property held are not likely to be needed to cover any Chargebacks.
6.DEPOSIT ACCOUNT
6.i Deposit Account Required.Maintenance of an account for clearing purposes is required for accepting Card Transactions.Merchant must
maintain a Deposit Account in Merchant's name in satisfactory condition at the Bank or at another depository institution under arrangements
acceptable to the Bank.In the absence of any other written agreement with the Bank,if the Deposit Account is at the Bank,the standard
terms and conditions that apply to the Bank's Deposit Accounts of the same type will apply.
6.2 Account Holds.In the event Bank,in its sole discretion,determines that Merchant has deposited Card Transactions into the Deposit
Account which have violated the terms of this Agreement or the Operating Rules;or that Merchant has made Card Transactions which are
likely to be disputed,Bank may place a hold on the Deposit Account in such amounts and for such lengths of time as Bank reasonably
believes necessary to ensure that funds are available to credit the accounts of potential disputing Cardholders.
6.3 Account Closure.If the Deposit Account is closed,Bank may terminate this Agreement upon written notice unless Merchant opens
another Deposit Account acceptable to the Bank.Merchant may change the Deposit Account upon approval by the Bank,which approval
will not be unreasonably withheld.
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C340-171E(12/12) Page 3 of
7.RESERVE ACCOUNT
7.1 Reserve During Term of Agreement.At the Bank's written request,Merchant will maintain a Reserve Account at the Bank.Bank will
designate the minimum amount to be maintained in the Reserve Account.The Reserve Account will be separate from the Deposit Account.If
funds are not available in the Deposit Account,Bank may deduct from the Reserve Account any financial obligation of Merchant under this
Agreement,including Chargehacks and Processing Fees.Bank reserves the right to charge a monthly maintenance fee of$25 until the
Reserve Account is closed.
7.2 Replenishment of Reserve Account Deficiencies.Whenever the balance in the Reserve Account is less than the minimum balance
required,the Bank may without prior notice deposit the deficiency into the Reserve Account by reducing any payment to Merchant required
by this Agreement or deduct the deficiency from any other deposit account of Merchant with the Bank or another depository institution
(including accounts of general partners if Merchant is a partnership)and deposit it into the Reserve Account. Merchant authorizes deductions
from its accounts by Automated Clearing House entry,sight draft,preauthorized check,reverse wire,or otherwise as the Bank deems
appropriate under the circumstances.In addition,Merchant will deposit any deficiency into the Reserve Account within one business day
after receiving the oral or written request of the Bank.Without limiting the Bank's remedies,Merchant's failure to deposit any deficiency on
time will permit the Bank without advance notice to cease processing additional Transactions.The Bank will give Merchant notice of any
cessation of processing.
u i Additions to Reserve Account.If the Bank has reasonable grounds to believe that Merchant may be liable to customers or to the Bank for
Chargebacks exceeding the balance in the Reserve Account,Bank may:(I)immediately place in the Reserve Account payments due to
Merchant and stop processing Transactions for Merchant until such time as the extent of Merchant's obligations to the Bank.Merchant's
liability for Chargebacks and Merchant's liability to customers are known,and the Bank no longer deems itself insecure;and/or(2)demand
from Merchant an amount that in the Bank's judgment is needed to ensure payment of Merchant's obligations and liabilities Merchant's
failure to pay any amount will permit the Bank to terminate this Agreement immediately without advance notice.
7.4 Reserve Account After Agreement Terminates.The Bank may continue to hold the Reserve Account after termination of this
Agreement,regardless of whether termination is by Merchant or the Bank.If no Reserve Account is established before termination,the Bank
may notify Merchant to establish a Reserve Account upon termination of this Agreement.All provisions which apply to a pre-termination
Reserve Account will apply to one opened after termination,including replenishment of deficiencies.The Bank will return the balance in the
Reserve Account to Merchant after the Bank reasonably determines that the risk of Chargebacks has ended(typically no later than one year
after termination of this Agreement or such longer time within which any Cardholder may cause a Chargeback to occur under the Operating
Rules)and after deducting any other amounts that Merchant owes to the Bank under this Agreement or any other agreement.
B.SECURITY INTEREST
al Merchant's Grant of Security Interests.To secure Merchant's performance of its obligations under this Agreement.Merchant grants the
Bank a security interest in each Charge and its proceeds,the Deposit Account,the Reserve Account and any other deposit account of
Merchant with the Bank or any other financial institution,whether now existing or established in the future,and in the proceeds of all those
accounts,any funds due to Merchant from the Bank and any of Merchant's property held by the Bank.The Bank may enforce these security
interests without notice or demand.The security interests granted under this Agreement will continue even if this Agreement terminates,until
Merchant pays all its obligations to the Bank. Merchant warrants and agrees that it has created no security interest in its inventory or accounts
receivable which will affect any Card Transaction.
8.2 Cardholder Claims.To the extent the Bank has paid or may pay a Chargeback or Credit,Merchant will be obligated to reimburse the
Bank for any sums the Bank pays.If Merchant does not reimburse the Bank,the Bank will have all of the rights and remedies of Cardholders
under Section I I U.S.C.507(a)(6)(Bankruptcy).The Bank may assert any claim on behalf of a Cardholder individually or on behalf of all
Cardholders as a class.
9.CARDHOLDER AND TRANSACTION DATA SECURITY STANDARDS
9.1 Compliance with Data Security Standards. Merchant is solely responsible for all internal and external security of Cardholder Data.
Merchant must have proper security measures in place for the protection of Cardholder Data,and comply with the PCI DSS,which may be
reflected in the Visa Cardholder Information Security Program("CISP"),the MasterCard Site Data Protection Program(`SDP")and
Discover Network's Information and Security Compliance("DISC"),in addition to all other Operating Rules,now or in the future.
Additional information regarding the CISP,SDP programs and DISC is available at the Visa web site,
www.risa.com/cisp;the MasterCard web site,www.masrercard.com/us/sdp:Discover Network web site,
www.DiscorerNetwork.corn/merchants/data-security/disc.html;and at the PCI DSS web site,http://www.PCISecuritvSiandards.org,as those
links may be updated by such parties,respectively,from time to time.
9.2 Notice of Data Breach.Merchant will:(I)immediately notify Bank of any Data Compromise Event;and(2)engage,at Merchant's
expense,an approved PCI Forensic Investigator acceptable to us and the Card Organizations no later than the time required by a Card
Organization,which may be no longer than 24 hours following Merchant's suspected or actual discovery of that Data Compromise Event.If
required by a Card Organization,Bank will engage a forensic vendor approved by a Card Organization at Merchant's expense.Merchant
must cooperate with the forensic vendor so that it may immediately conduct an examination of POS Equipment,Merchant systems,and
Merchant Provider's procedures and records and issue a written report of its findings.Merchant agrees that upon Merchant's suspected or
actual discovery of a Data Compromise Event,Merchant will not alter or destroy any related records.Merchant will share with Bank
information related to Merchant's or any Card Organization's investigation related to any actual or suspected Data Compromise Event
(including,but not limited to,forensic reports and systems audits),and Bank may share that information with Card Organizations.
9.3 Data Security Audits.Upon notice to Merchant,Bank may conduct remote electronic scans of your systems,similar to those conducted
under the PCI DSS,to confirm compliance with the requirements of the PCI DSS and similar requirements of the Card Organizations.Bank
may also conduct onsite visits to inspect POS Equipment and verify compliance with proper data security procedures. Merchant must
promptly cooperate with Bank to facilitate these audits.
9.4 Merchant Liability for Data Compromise Event. Merchant will be solely liable for and will indemnify Bank from all Data
Compromise Costs except to the extent that the Data Compromise Event was caused by the gross negligence or willful conduct of Bank.
C340-171 E(12/12) Page 4 of 9
Merchant's liability will include the costs of notifying Cardholders of the Data Compromise Event if notification is required by the Operating
Rules,law,or the reasonable business judgment of Bank.
9.5 Merchant Use of Cardholder Data.
A.Merchant acknowledges that the sale or disclosure of Cardholder Data to third parties is strictly prohibited by the Operating Rules.
Merchant may only use Cardholder Data for purposes of authorizing,completing and settling Transactions and resolving any Chargeback,
retrieval request or similar issues involving Transactions,other than pursuant to a court or governmental agency request,subpoena or order.
Merchant shall use proper controls for,limit access to,and render unreadable prior to discarding all records containing Cardholder Data.
Merchant may not retain or store magnetic stripe data after a Transaction has been authorized.If Merchant stores any electronically captured
signature of a Cardholder,Merchant may not reproduce such signature except upon the specific request of Bank.Merchant shall store all
media containing Cardholder Data in an area limited to selected personnel and,prior to discarding any such information,destroy it in a
manner that renders the data unreadable.
B.Merchant further warrants and agrees that in the event of its failure,including bankruptcy,insolvency,or other suspension of business
operations,it will not sell,transfer,or disclose any materials that contain Cardholder account numbers,personal information,or Transaction
information to third parties,and shall return the information to Bank and provide acceptable proof of destruction to Bank.Merchant will
retain in a secure and confidential manner original or complete and legible copies or,with respect to electronic records,a perceivable and
retrievable record of each Charge Record required to be provided to Cardholder and Credits submitted to the Bank for at least 18 months or
any longer period required by law.
9.6 Bank Use of Cardholder Data. Bank may disclose Cardholder Data to the Card Organizations,current and prospective Issuers,current
and prospective acquirers,regulatory authorities,and other entities to whom the Cardholder Organizations are required to provide such
information as the Card Organizations deem necessary. The information disclosed by Bank may include:(1)aggregate and individual
Merchant information and detail about the Transactions accepted by Merchants,including the Merchant Category Code assigned to
Merchant;(2)collective and detailed information about Merchant's Transactions,disputes,and other information reasonably required by the
Card Organizations during an investigation of a Merchant;and(3)information regarding the aggregate number,type,and kind of
Transactions accepted by Merchants,individually and in the aggregate,in an authorized jurisdiction.
10.OPERATING RULES
to.t Operating Rules.
A.Merchant will be bound by the Operating Rules.Card Organizations may change the Operating Rules with little or no opportunity for
advance notice to Merchant.If Merchant objects to any change in the Operating Rules,it must immediately stop accepting new Charges for
Cards governed by the change.To view the most recent Operating Rules,you can visit nww.mastercard.us/merchants or
www.usa.visa.com/merchants.
a.Should a provision of this Agreement conflict with the Operating Rules,the more restrictive of the conflicting provisions will apply,unless
otherwise specifically permitted by the Bank;provided that such an outcome does not require Merchant to be in violation of the Operating
Rules.
c.If Merchant selects in its Application any of the following,but not limited to American Express or JCB Card as payment options and
Merchant's selection is approved by the Bank.Merchant understands that Merchant's acceptance of any of those payment options may
require execution of a separate merchant card acceptance agreement with those Card Issuers,which will govern the completion,processing,
settlement and other procedures relating to Transactions with those Card Issuers. If Merchant experiences problems with transmission or
delivery of those Card Issuers'Transactions,Merchant will be obligated to contact the appropriate tenninal service provider for service.
11.EQUIPMENT AND SUPPLIES
tl.t Equipment.
A.At Merchant's request,the Bank will supply to Merchant,for rent or purchase,POS equipment including electronic terminals,interne(
gateway,other processing equipment and,for debit Transactions,PIN(Personal Identification Number)pads("POS Equipment")that
comply with the Operating Rules.All POS Equipment supplied to the Merchant for rent will remain the property of the Bank.The Bank will
provide programming for the POS Equipment to operate at Merchant's location in compliance with the Operating Rules.Merchant will pay
any fees charged to Merchant by the telephone company for preparation of the site prior to installation including any future relocation of the
POS Equipment.Merchant may use POS Equipment from non-Bank sources,but must ensure that equipment operates at all times in
compliance with applicable law,the Operating Rules and the Bank's operational and security requirements.
B.Merchant,or its employees or agents,will use and operate POS Equipment in accordance with instructions provided by Bank.Merchant
agrees that neither Merchant nor its employees or agents will make any alterations,attachments,additions or modifications to rental POS
Equipment unless instructed to do so by the Bank.Merchant will be responsible for all maintenance,upkeep and repairs associated with any
POS Equipment obtained from non-Bank sources.Merchant will be responsible for any loss or damage to rental POS Equipment supplied by
the Bank,normal wear and tear excepted.
c.Merchant will request information through POS Equipment only in connection with Merchant's use of the services as set forth in the
Application.Merchant will treat(and will cause its employees and agents to treat)all information received through this system as strictly
confidential.
o.When applicable.Merchant agrees to pay monthly rental fees as set forth in the Application,which may be modified from time to time at
the Bank's discretion.Merchant authorizes Bank to debit Merchant's Deposit Account for the total monthly rental fee.
E.All rented POS Equipment must be returned to Bank within fourteen(14)days of termination of this Agreement.In the event Equipment is
not returned within the specified amount of time,Merchant authorizes Bank to debit Merchant's Deposit Account and/or Merchant's Reserve
Account in an amount equal to the then-current purchase price for new Equipment to replace the unreturned Equipment.
F.Merchant will take all reasonable steps necessary to ensure that all POS Equipment at Merchant's locations function in a reliable manner in
accordance with the Operating Rules.The Bank will make available to Merchant programming updates to the POS Equipment as required by
the Operating Rules,and Merchant will implement the updates as required by the Operating Rules.
C340-171E(12/12) Page of9
G.For equipment not programmed by the Bank,Merchant must ensure that Charge Records meet the requirements of the law and the
Operating Rules.
11.2 Supplies.Merchant will use only the fonns for Charges and electronic processing formats provided or approved in advance by the Bank.
The Bank may change them from time to time,and,upon notification,Merchant will comply with any changes.Merchant will use Charge
forms or materials provided by the Bank only for Charges which Merchant submits to Bank.
11.3 Signs.The Bank will provide Merchant advertising or promotional materials bearing the brands,emblems,trademarks,logos or other
appropriate identification of Card Organizations("POS Marks').If Merchant does not use the materials supplied by the Bank,Merchant will
assure that the materials it develops itself or uses from other sources will comply with the Operating Rules.Merchant shall not use the POS
Marks other than to display decals,signage,advertising,and other fonns depicting the POS Marks that are provided to Merchant by Bank
pursuant to this Agreement or otherwise approved in advance in writing by Acquirer.Merchant may use the POS Marks only to promote the
services covered by the POS Marks by using them on decals,indoor and outdoor signs,web sites,advertising materials and marketing
materials;provided that all such uses by Merchant must be approved in advance by Bank in writing.Merchant hereby acknowledges that it
has no ownership interest in the POS Marks and may not assign the POS Marks to any third party. Merchant will not use or display the POS
Marks to indicate that the Bank or any Card Organization endorses Merchant's goods or services,or that Merchant has an exclusive right to
use the POS Marks.Merchant will display the POS Marks in a way that maintains visual parity and not give greater prominence to or suggest
a preference for any payment network. Upon termination of this Agreement,or discontinuation of any Card type or Card Organization,
Merchant will cease to display the POS Marks relating to the affected Card type or Card Organization and will promptly either destroy the
POS Marks used or return them to the Bank,unless Merchant at that time is entitled to use the POS Marks under another agreement in
compliance with the Operating Rules.
12.MERCHANT COMPLIANCE
12.1 Compliance of Merchant.Merchant will comply with all laws in completing Charges,submitting them to the Bank,perfonning its
obligations under this Agreement,and otherwise conducting its business. A Merchant must not submit,and Bank will not knowingly accept
from Merchant for submission into any Card Organization payment system,any transaction that is illegal or that Merchant should have
known was illegal.
12.2 Status of Merchant.
A.Merchant will give the Bank at least 30 days'prior written notice before any of the following:(1)change in Merchant's name,DBA name,
trade name or location;(2)material change in ownership of Merchant's business;(3)any sale,assignment;rental,lease or transfer of
ownership of any location that accepts Cards;or(4)any material change in information concerning Merchant in the Application or otherwise
required to be provided to the Bank.
n.Merchant will notify Bank immediately of Merchant's intent to:(I)transferor sell any substantial part of its total assets;(2)liquidate;(3)
change the basic nature of its business(including the sale of any products or services not related to its current business);or(4)enter into a
joint venture,partnership or similar business arrangement whereby any person or entity not a party to this Agreement shall supersede all prior
merchant agreements between Merchant and Bank.
c.Merchant will notify Bank immediately if any bankruptcy,insolvency or similar petition is filed by or against Merchant.
D.Failure to provide notice as required in this provision may be deemed a material breach and will be sufficient grounds for immediate
termination of this Agreement.In the event any of the changes listed above should occur,Bank shall have the option to renegotiate the terms
of this Agreement or provide thirty(30)days'notice of termination.
123 Exclusivity.Merchant will not enter into any other agreement with respect to merchant card payment processing services with any other
provider. Merchant will receive exclusively from Bank all merchant card payment processing services.
12.4 Error Resolution.Merchant will fully cooperate with the Card Organization and the Bank in the resolution of Cardholder disputes.
13.MERCHANT PROVIDERS
13.1 Use of Third Parties.Merchant's use of the services.POS Equipment,software,systems,materials,supplies or resources of third parties
regarding your Card Transactions processing,including,without limitation,Merchant Providers and any third party lessors and licensors,
does not affect Merchant's obligations under this Agreement to Bank which will apply to the same extent as if Merchant had not used them.
Bank has no liability or responsibility to Merchant or others regarding these third parties,even if Bank referred them to Merchant.These
third parties are Merchant's agents,and Merchant is solely responsible for:(I)determining whether they can meet Merchant's needs and
standards;(2)their actions,inactions and compliance with the terms of this Agreement and Applicable Law;and(3)any and all fees,costs,
expenses and other obligations owed to them by Merchant or owed by them to Bank or to the Card Organizations.
13.2 Merchant Providers.Before Merchant engages any Merchant Provider,Merchant must provide to Bank in writing:(I)the Merchant
Provider's legal name,(2)contact information,and(3)intended function.Merchant covenants with Bank that Merchant will not use,allow
the use of,or provide to any Merchant Provider access to any Cardholder Data,bank systems,bank software or services until Merchant
receives Bank's approval and,if required,confirmation of our registration of that Merchant Provider with applicable Card Organizations.
Merchant must ensure that Merchant and Merchant Providers:(I)comply with the registration process which can involve site inspections,
background investigations,provision of financial statements,and any other information required by a Card Organization;(2)comply with the
periodic and other reporting required by a Card Organization;and(3)comply with this Agreement and applicable law,including without
limitation,those requiring security of Cardholder Data.Merchant may allow Merchant Providers access to Cardholder Data only for purposes
authorized under and in conformance with the Operating Rules. Merchant is responsible for all Bank's costs and expenses associated with
Bank's review,approval,certification(and recertification as required by the Operating Rules)and registration of any Merchant Providers.
Upon request and reasonable notice,Merchant will provide and will ensure that its Merchant Providers provide to Bank and its
representatives prompt access to your and their facilities and records for the purposes of performing any inspection and copying books or
records pertaining to the transactions contemplated under this Agreement.Merchant must have written agreements with Merchant Providers
requiring such access.
C340-171 E(12/12) Page 6 of 9
/4.INDEMNITY,LIMITED LIABILITY AND FORCE MAJEURE
4.i Indemnity.Merchant will indemnify the Bank against all claims,losses,damages.liability,and legal actions(including independent
attorney fees,allocated costs for in-house legal services and attorney fees in bankruptcy proceedings)relating to Charges which Merchant
submits to the Bank,any act or omission of Merchant relating to any Charge or Credit,any breach of this Agreement by Merchant,or
Merchant's violation of the Operating Rules or applicable law.
4.2 Liability Limit.The Bank's liability to Merchant is limited to only the amount of the valid Charge at issue,which was submitted to the
Bank. Moreover,the Bank will not be liable for any incidental,consequential,indirect,special,or punitive damages,or for damages for lost
profits or revenues.The Bank will be neither liable nor responsible for any Merchant or Card entry errors. -
14.3 Force Majeure.Pertonnance under this Agreement may be delayed to the extent necessary due to a cause beyond a party's reasonable
control,for example: flood,civil disturbance,disruptions to communications facilities or acts of unaffiliated third parties.provided that the
party claiming excuse from performance informs the other party as quickly as possible.A party who has not been paid due to an excuse
under the subsection claimed by another party may delay its own performance related to additional Charges or Credits until payments due
have been made.
15.CREDIT REPORTS AND OTHER INFORMATION
15.1 Reports about Merchant.From time to time,the Bank may:(I)obtain credit and other information on Merchant,its owners and
officers,from others(such as customers and suppliers of Merchant,lenders,and credit reporting agencies);and(2)furnish information on
Merchant's relationship with the Bank and the Bank's experience with Merchant to others seeking the information.
15.2 Terminated Merchant File.In the event that Bank reasonably believes or discovers that Merchant is engaged in,or involved in activity
that would require it be included in a Terminated Merchant File under the Operating Rules,Bank will place Merchant in the Terminated
Merchant File.
15.3 Reports from Merchant.Merchant will provide the Bank with updated business and financial information concerning Merchant,
including financial statements,tax returns,evidence of required licenses and other information and documents the Bank may reasonably
request from time to time.All material marked"confidential"which the Bank receives from Merchant will be used only by the Bank or Card
Organization,in perfonning services under this Agreement or related services and reporting.At any reasonable time,the Bank or Card
Organization may audit Merchant's records relating to this Agreement.
Via. TERMINATION
16.1 Term.The Agreement will remain in effect until terminated by any party hereto by the giving of written notice 30 days in advance to the
other party. If any violation of this Agreement occurs,the Bank may terminate this Agreement without advance notice,but will give
subsequent written confirmation to Merchant.
16.2 Effect of Termination.Upon the effective date of termination,Merchant's rights to complete Charges and Credits and submit them to
the Bank,and to use Charge forms or formats,promotional material and any other items provided by the Bank,will cease.Termination of
this Agreement will not terminate the rights and obligations of Merchant and Bank relating to acts or omissions occurring before termination.
including,for example:(I)any processing fees or service fees owed to the Bank;(2)any Charges processed for Merchant by the Bank
(whether before or after tennination):(3)Merchant's Chargeback and indemnity obligations:(4)the security interest,as defined by the Bank
and granted to the Bank in this Agreement;and(5)for maintaining a Reserve Account for a minimum of one hundred twenty(120)days,and
for so long thereafter as Chargebacks may occur.
16.3 Provisions Surviving Termination.All other provisions of this Agreement that by their nature should survive termination will survive
termination,including without limitation,accrued rights to payment and limitations of liability.
l7. CONTROVERSIES AND ARBITRATION
17.1 Controversy Expense.If a controversy concerning this Agreement arises,the party who breached the Agreement will pay the reasonable
costs and expenses the other party incurs in enforcing its rights(including without limitation attorney fees),whether or not arbitration is
commenced,
7.2 Arbitration.Any controversy between the parties arising out of or relating to this Agreement or the Application shall be settled by
binding arbitration.The arbitration shall be administered by the National Arbitration Forum pursuant to its Commercial Arbitration Rules,
The arbitrator shall,in the arbitration award,allocate all of the costs of the arbitration,including without limitation the fees of the arbitrator
and the reasonable attorneys' fees of the prevailing party,against the patty who did not prevail.
18.NOTICE
Except to the extent oral notice is explicitly allowed,each notice required by this Agreement will be in writing and will be effective when
delivered to the party entitled to receive such notice at the following address:
Bank: INTRUST Bank,P.O.Box 2121,Wichita,Kansas 67201;Fax:(316)383-5766
Mere/rant:To the name and mailing address indicated on the Merchant Application,or the Merchant name and address indicated on the
latest monthly merchant statement.
19.ELECTRONIC COMMERCE WEBSITE MERCHANT AGREEMENT REQUIREMENTS
An"Electronic Commerce Merchant"is a Merchant that conducts the sale of goods or services electronically over the Internet and other
networks.The website of an Electronic Commerce Merchant must:(l)prominently display the name of the Merchant;(2)prominently
identify the name of the Merchant as displayed on the web site as both the Merchant and as the name that will appear on the Cardholder
statement;(3)display Merchant name information as prominently as any other information depicted on the web site,other than images of the
product or services being offered for sale;(4)include Merchants consumer data privacy policy;(5)display security capabilities and the
policy for transmission of payment card details;(6)include the address of the permanent establishment at which the Merchant it conducts
business,as stated on the Application;and(7)offer Cardholders a method for protecting Cardholder Data which is PCI DSS-compliant,such
as 3-D Secure or Secure Sockets Layer. An Electronic Commerce Merchant must ensure that the Cardholder understands that the Merchant
C340-171 E(12/12) Page 7 of 9
is responsible for the online transaction,including delivery of the products(whether physical or digital)or provision of the services that are
the subject of the transaction,and for customer service and dispute resolution,all in accordance with the terms applicable to the transaction.
An Electronic Commerce Merchant must not refuse to complete a transaction solely because the Cardholder does not have a digital
certificate or other secured protocol.
20.MERCHANT TRANSACTION COMPLIANCE
20.1 Brand Damaging Transactions. A Merchant must not submit for payment into interchange,and an Acquirer must not accept from a
Merchant for submission into interchange,any transaction that is illegal,or in the sole discretion of the Card Organization,may damage the
goodwill of the Card Organization or reflect negatively on the POS Marks. Activities which violate this rule include,but are not limited to,
the following:(1)The sale or offer of sale of a product or service other than in full compliance with law then applicable to Bank,Merchant,
Cardholder,or the Card Organization;and(2)the sale of a product or service,including an image,which is patently offensive and lacks
serious artistic value(such as,by way of example and not limitation,images of nonconsensual sexual behavior,sexual exploitation of a
minor,nonconsensual mutilation of a person or body part,and bestiality),or any other material that the Card Organization deems
unacceptable to sell in connection with a POS Mark.
20.2 Other Prohibited Transactions. Merchant must not submit for payment into interchange,and Bank will not accept from Merchant for
submission into interchange,any Transaction that:(1)represents the refinancing or transfer of an existing Cardholder obligation that is
deemed to be uncollectible,(2)arises from the dishonor of a Cardholder's personal check.(3)arises out of the sale of merchandise or
services to the Cardholder by any person other than Merchant,or(4)arises from the acceptance of a Card at a terminal that dispenses scrip.
21.ACCEPTANCE PROVISIONS
at Honoring All Cards.You honor a Card by accepting it for payment.You will not engage in any acceptance practice or procedure that
discriminates against,or discourages the use of,any particular Card type elected by you and approved by us,in favor of any competing Card
type also elected and approved.
21.2 Transaction Amounts. A Merchant may not establish a minimum or a maximum transaction amount unless specifically allowed by the
Operating Rules,except that a Merchant may establish a minimum transaction amount of$10 or less. Any permitted minimum or maximum
transaction amount must not discriminate between issuers or between Card Organizations.
21.3 Additional Cardholder Information. A Merchant must not refuse to complete a Transaction solely because a
Cardholder who has complied with the conditions for presentment of a Card refuses to provide additional identification information,except
as specifically permitted or required by the Operating Rules.Merchant may require additional identification from the Cardholder if the
information is required to complete the Transaction,such as for shipping purposes.A Merchant may require the Cardholder's ZIP or postal
code to complete a Cardholder-Activated Terminal(CAT)transaction,or the Cardholder's address and ZIP or postal code to complete a mail
order,phone order,or e-commerce transaction.
22.SURCHARGES
Merchant must not directly or indirectly require any Cardholder to pay a surcharge or any part of any Merchant discount or any
contemporaneous finance charge in connection with a transaction. Merchant may provide a discount to its customers for cash payments.
Merchant is permitted to charge a fee if the fee is imposed on all like transactions regardless of the form of payment used,or as expressly
permitted by the Organization Rules. A"surcharge"is any fee charged in connection with a transaction that is not charged if another
payment method is used. The"merchant discount fee"is any fee a Merchant pays to Bank so that Bank will acquire the transactions of
Merchant.
23.OTHER FORMS OF PAYMENT
Merchant must not accept any payment from a customer in any other form(for example,cash or check)with respect to a charge for products
or services reflected on a Charge Record resulting from the use of a Card.A Merchant also must not accept a Card as payment for products
or services for which the Merchant has received or expects to receive payment in any other form,whether from the customer or a third party.
24. TRANSACTION RECORDS
24.1 Delivery of Transaction Records and Credit Records.Merchant will electronically deliver to Bank(or when authorized in writing by
Bank,physically deliver to us)Charge Records or all transactions to be processed and settled under the Agreement,but in no event later than
the fifth calendar day or third business day(whichever is earlier)after completing each such Charge Record,except to the extent a longer
time is allowed by the Organization Rules,or a shorter time is required,such as for transactions through debit networks. The Charge Record
must not be presented before goods are shipped to the Cardholder or services have been performed,unless,at the time of the transaction,the
Cardholder agrees to a properly disclosed delayed delivery of the products or services.
24.2 Content of Charge Records. All Charge Records must include:(1)the Cardholder's name and account number(truncated on the
Cardholder receipt and elsewhere as required by the Organization Rules and applicable law);(2)Merchant's name and other identifying
information required by the Organization Rules and applicable law;(3)where required by the Organization Rules or applicable law,the
signature of the Cardholder as it appears on the appropriate space on the Card;(4)the date of the transaction;(5)a description of the
merchandise sold,rented,or leased,services rendered or payment made;(6)the total cash price of the transaction(including taxes);and(7)
any other applicable elements required by the Organization Rules and applicable law.
21 ADVANCE PAYMENT SERVICE MERCHANTS
An Advance Payment Service Merchant must accept all Cards in its category of acceptance for advance payment when the Cardholder agrees
to the advance payment service. The Merchant must determine the amount of the advance payment service transaction,which must not
exceed the total price of the reserved services or activity. The Merchant must inform the Cardholder of the:(1)total price of the services or
C340-171E(12/12) Page 8 of
activity.(2)the advance payment amount.(3)the advance payment confirmation code,and(4)the cancellation terms. The Merchant mist
obtain the Cardholder's Account number,telephone number,and mailing address,the card expiration date,and the Cardholder name shown
on the Card.
26.CONTACTING CARDHOLDERS
Merchants must not contact any Cardholder with respect to any matter arising under the Operating Rules,except as permitted or required
under the Operating Rules.
27. CARD CHECKS
Merchant must accept Card checks on a basis consistent with the terms of each Merchant's policy applicable to the acceptance of other
payment card checks.Merchants should handle these Card checks like any other personal check drawn upon a hank in the United States.
28.GUARANTIES
Bank may from time to time require one or more guaranties of Merchant's obligations under this Agreement from the owners or officers of
Merchant. If such requested guaranties are not provided,or if any guarantor(l)dies.12)becomes insolvent,(3)leaves the employment of or
transfers his ownership interest in Merchant,or(4)revokes or disputes the validity of or liability under his guaranty,then Bank may at its
option terminate this Agreement and cease providing merchant services immediately.
29.GENERAL PROVISIONS
29.1 Employees. Merchant is responsible for all actions of its employees under this Agreement and will train its employees appropriately to
ensure that Merchant operates in compliance with the Operating Rules.
29.2 Assignment.This Agreement is binding upon the parties,and their successors and assigns.Merchant will not assign this Agreement
without the Bank's prior written consent,and any purported assignment made without the Bank's consent will be void.
29.3 Amendment.The Bank may amend this Agreement at any time by sending Merchant written notice at least 15 days before the effective
date of the amendment,except that the Bank will give 30 days' notice of any changes to the Merchant Services Fee Schedule.The
amendment will become effective unless the Bank receives Merchant's notice terminating this Agreement before the effective date.The
Bank may amend this Agreement upon less than U days' prior notice if the Bank reasonably determines immediate modification is required
by laws.Operating Rules or any adverse change in Merchant's financial condition.Amendments submitted by Merchant will bind the Bank
. only if in writing and approved and signed by the Bank's authorized representatives.
29.4 Waiver.The Bank's failure to enforce this Agreement will not waive the Bank's rights under this Agreement Waivers of any provision
of this Agreement must be in writing and signed by the Bank's authorized representatives.A waiver in one instance will not apply to other
occasions unless that intent is clear from the signed waiver.
29.s Commercial Code.Charges and Credits are credit card"slips'.excluded from the definition of-item—under section 4104 of the Uniform
Commercial Code.
29.6 Effective Date.This Agreement becomes effective when signed by all parties. Merchant Services will not commence until after Bank
has received the fully executed Agreement and Bank has processed Merchant's Application. A copy of the fully executed Agreement will
remain on file at the Bank. Merchant should retain a copy of this Agreement for its records.
29.7 Entire Agreement.This Agreement is the complete and final Agreement between Merchant and the Bank for services covered by this
Agreement and supersedes all prior or contemporaneous negotiations,stipulations or agreements.
29,8 Governing Law/Assignment.This Agreement is governed by the laws of Kansas and the invalidity of any tens of this Agreement shall
not affect the validity of any other term or condition.
IN WITNESS WHEREOF.the parties have executed this INTRUST Merchant Services Agreement on the date last written below.
MERCHANT
Merchant Representative signing the Application is required to sign below. �y /�Cl
CITY OF SALINA U -l3
Tax Filing B 5 Name Date
Nit eon Hzxiseho Iles v
ICe -nrY414Or
Si azure Print Signer Name Title
For INTRUST Bank's signature only
INTRUST BANK
Bank Representative Signature Title Date
C340-171E 02/12) Page9of9
Merchant Services Cost Comparison
City of Salina
Activity Summary Proposed Discount Fees
Average Ticket Amount $80.15 (Dlrsc`outrittRa ,Average Monthly Volume $157,735.00 IPeAuhoriztronlo ,$c,,m y. 0EO 9 00.1
Average Monthly Transactions 1,968
Average Annual Volume $1,892,820.00
Average Annual Transactions 23,616
New INTRUST Merchant Fees Current INTRUST Merchant Fees
Monthly Card Network Fees Sales Volume Unit Charge Total Sales Volume Unit Charge Total
Interchange--Pass Thru $157,735.00 0.95% $1,498.48 $157,735.00 0.95% $1,498.48
Dues,Assessments&Fees
Monthly Discount Fees
Visa/MasterCard/Discover
Discount Rate $157,735.00 0.49% $772.90 $157,735.00 0.70% $1,104.15
Per Trans/Auth Fee 1,968 $ - $0.00 1968 $ - $0.00
AMEX $0.00 0 $ 0.15 $0.00 $0.00 0 $ - $0.00
Pinned Debit $0.00 0 $ 0.15 $0.00 $0.00 0 $ - $0.00
Other- $0.00 $0.00 $0.00 0 $ - $0.00
Estimated Sub Total Discount&Interchange $2,271.38 $2,602.63
Additional Monthly Charges
Monthly Service Charge $ - $0.00 $ - $0.00
Chargebacks $ - $0.00 $ - $0.00
PCI Compliance Services 6 $ 3.00 $18.00 6 $ 3.00 $18.00
Point-of-Sale terminal(s) $ - $0.00 $ - $0.00
Printers and/or imprinter(s) $ - $0.00 $ - $0.00
Additional Monthly Charges $ - $0.00 $ - $0.00
Estimated Sub Total Additional $18.00 $18.00
ESTIMATED GRAND TOTAL
MONTHLY $2,289.38 $2,620.63
ANNUALLY $27,472.61 $31,447.53
ESTIMATED ANNUAL SAVINGS WITH INTRUST MERCHANT SERVICES $3,974.92
Notes:
PCI Compliance requires any merchant processing transactions via an intemet connection,including but not limited to;IP Terminals,Virtual Terminals,POS Software
or E-Commerce WEB sites,to conduct Monthly Vulnerability Scans. Level 4 merchants requiring scans or merchants with complex networks may incur additional PCI
Compliance fees.
INTRUST Bank is a Discover acquiring bank,all Discover sales&transaction volume are included with Visa&MasterCard
All sales and transaction volumes,pass thru interchange,and projections are based on statements or data as provided by customer
Prepared on: 14-May-13
I I
Merchant Services Fee Schedule I Bill IIII IIIII IIIIIIII IIIII IIIII IIIIIII
M E R C 8 8 8
City of Salina
Processing Fees Administrative Fees
Discount Rate 0.49% Set Up Fee -charged one time NA
Authorization Fee $ - PCI Compliance Services-charged monthly $ 3.00
Interchange Rate Pass Thru*
Monthly Minimum-Discount+Interchange $ 20.00
Other Processing Fees(charged as applicable) (charged as applicable)
Pinned Debit Fee $ 0.15 Chargeback Fee $ 15.00
Pinned Debit Network Fees Pass Thru* NSF Fee $ 15.00
AMEX $ 0.15 (Merchant fees debit returned NSF)
Voice Authorization $ 1.00 PCI Non-Compliance Fee'* $ 25.00
Address Verification $ 0.05
`Pass-through Interchange rates from Visa,MasterCard&Discover will be charged on your statement. The following fees originate from Visa,MasterCard and
Discover and are subject to change. They include but are not limited to:Visa Dues&Assessments,Acquire ISA(International Service Assessment),Acquirer Processing,
Zero Floor Limit,Misuse Authorization,International Acquirer,Fixed Acquirer Network Fee;MasterCard Dues&Assessment,Cross-border,Acquirer Support,Network
Area Brand Usage;Discover Dues&Assessments,Data Usage Fee and International Processing Fee;Star Network Annual Merchant Fee. INTRUST may charge
Merchant estimated pass thru fees,accessed by participating Pinned Debit Networks, allocated by Merchant's transaction volumes if data regarding actual pass thru
fees incurred by Merchant are not available to INTRUST.
PCI Non-Compliance Fee-Fee may be assessed after 3 months,and each month thereafter,if INTRUST Bank has not received merchant's validation of PCI
compliance. PCI Compliance requires any merchant processing transactions via an Internet connection,including but not limited to;IP Terminals,Virtual Terminals,
PO5 Software or E-Commerce WEB sites,to conduct Monthly Vulnerability Scans. Level 4 merchants requiring scans or merchants with complex networks may incur
additional PCI Compliance fees. Disproportionate requests may result in the following fees:Statements-$3,research-$20 per hour,downloads-$20.
Equipment Fees
Purchase Monthly
Terminals Price Rental Fee* Quantity
*No equity is built towards purchase of equipment. Refer to INTRUST Merchant Services Agreement regarding rental equipment.
Manufacturer's Warranty(New Equipment Only)-Purchased equipment is under warranty for one-year from date of purchase. Purchased equipment after one-year
warranty,may be"swapped"for identical equipment at a cost of$125 to$175 per item. If used equipment is not returned within ten(10)business days,merchant will
be charged full purchase price of the"swapped"equipment. Refurbished equipment does not come with a manufacturer's warranty. Price includes any applicable
taxes. QwickPAY-Limited 1 Year Warranty,replacement or non-return of swipe device-$50
Optional Services Fees
Merchant Business Center PayTrace Internet Processing
Single Merchant ID/User ID-self enrollment $ 6.00 PayTrace-Set Up Fee $ 60.00
Multiple Merchant IDs/single User ID $ 15.00 Virtual Terminal &Recurring Payments $ 25.00
One Time Setup Fee $ 35.00 Shopping Cart $ 10.00
Batch Upload $ 10.00
Wireless Terminal Services API $ 10.00
Wireless Set Up Fee $ 50.00 PayTrace-Per Transaction $ 0.05
Wireless Monthly Fee per Merchant ID $ 25.00
Wireless Per Transactions $ 0.05 QwickPAY-- Monthly per Swipe Device $ 15.00
•
C340-173E
Merchant Services Contact Information
Tax Filing Business Information
Business Name: CITY OF SALINA [
Contact Name: '/gIF,IQ,i 4,4AA J -
E-Mail Address: Ya.lea,d, , e, Ackr Swtrna_,p
Phone: (75s 309-573 Q
DBA/Location Information
Merchant Number: 417010100204
DBfj Name: C;fy CIeg,ks OFcie_e
Contact information same as above
Contact Name:
E-Mail Address:
Phone: ( )
Additional Locations(provide any differing information for additional locations below,copy this page as necessary)
' Merchant Number: 417010115525
• DBA Name: WA-A ea5 ID"nEte Andotin,f'�r
Contact Name: s-AttnE a 5 4-Boil$- o
E-Mail Address:
Phone: ( )
Merchant Number: 417010194249//ii "�
DBA Name: /nun/e,/pA-/ &tae
Contact Name:
E-Mail Address:
Phone: ( )
, Merchant Number: 417010194264
DBA Name: 81 d/d/44 C'firC i6�..�
Contact Name: song_ /3. "r.y,-
E-Mail Address:
Phone: ( )
Merchant Number: 417010194280
DBA Name: /3 J d e k f nWitt e S-1 ,c
Contact Name: 5/16.4; aMs . r2 as s
E-Mail Address: 5�I/7/5 A bicPwtFrewta (CEtii-t12•,co h,
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Page 1 of 3 Z`INTRUST
Bank.
Merchant Services Contact Information
Additional Locations(provide any differing information for additional locations below,copy this page as necessary)
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S INTRUST
Bank.3 of 3 '
Merchant Services Contact Information
Additional Locations(provide any differing information for additional locations below,copy this page as necessary)
Merchant Number:
DBA Name:
Contact Name:
E-Mail Address:
Phone: ( )
Merchant Number:
DBA Name:
Contact Name:
E-Mail Address:
Phone: ( )
Merchant Number:
DBA Name:
Contact Name:
E-Mail Address:
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Merchant Number:
DBA Name:
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Phone: ( )
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DBA Name:
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Merchant Number:
DBA Name:
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DBA Name:
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0INTRIIST
Bank.
Page 2 of 3
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