The following application and terms and conditions of the merchant processing agreement have been generated based on the information you entered. Before signing below please review the Bank Information and Merchant Disclosure section as well as all pages of your Merchant Payment Card Application/Agreement, Merchant Payment Card Application/Agreement Terms and Conditions, and any other documents listed below in the Application Preview section. Each of the below documents are clickable and can be downloaded for review.
Bank Information and Merchant Disclosure
Member Bank Information: BBVA Compass Bank, P.O. Box 2210, Decatur, AL 35699 (877) 525-5113
Important Bank Responsibilities:
A VISA member is the only entity approved to extend acceptance of VISA products directly to a Merchant.
A VISA member must be a principal (signer) to the Merchant Agreement.
BBVA Compass Bank is responsible for and must provide settlement funds to the merchant.
BBVA Compass Bank is responsible for all funds held in reserve that are derived from settlement.
BBVA Compass Bank is responsible for educating merchants on pertinent VISA International
Operating Regulations with which merchants must comply.
Important Merchant Responsibilities:
Ensure compliance with cardholder data security and storage requirements.
Maintain fraud and chargebacks below thresholds.
Review and understand the terms of the Merchant Agreement.
Comply with VISA International Operating Regulations.
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 – BBVA Compass Bank – is the ultimate authority should the Merchant have any problems.
Merchant Payment Card Agreement Acceptance:
Each person signing below certifies that all information provided in this application is true, correct, and complete, and each person agrees to be bound by all provisions set forth in this document, including, but not limited to the Terms and Conditions, which is hereby incorporated by reference for all purposes (Terms and Conditions can be obtained by visiting https://www.merchantfoundry.com/s4atbv3/WLTC/TC_WL_9_28_18.pdf). Each person authorizes the Bank or any credit reporting agency employed by the Bank or any agent of the Bank, to make whatever inquiries the Bank deems appropriate to investigate, verify or research references, statements or data obtained from the Merchant for the purpose of this application or any application for accompanying POS terminal(s) or equipment financing. An additional copy of the Terms and Conditions will be sent to the business entity indicated above along with the welcome letter upon approval of such business entity to accept payment cards by BBVA Compass Bank. Pursuant to Section 8.1 of the Terms and Conditions, the initial term is for a length of three (3) years and the Merchant Agreement will automatically renew for additional one (1) year terms, unless terminated by any party upon written notice at least thirty (30) days prior to the end of the then existing term. In the event MERCHANT terminates this Agreement prior to the maturity date of the initial term, MERCHANT SHALL be liable to BANK for an early termination fee equal to (i) $0.00 per location if terminated before completion of the first year of the Term; or (ii) $0.00 per location if terminated after completion of the first year of the Term but prior to the end of the third year of the Term (“Early Termination Fee”). For detailed information related to the termination rights and obligations set forth in this Merchant Agreement, see Sections 2.14, 2.15, 2.17, 2.24, 2.27, 2.30, 2.34, 7.2, 7.3, Section 8 in its entirety 10.12 and 10.16, of the Terms and Conditions, which are a part of this Merchant Agreement.
Merchant Acknowledgements and Consents:
MERCHANT and each individual person signing below acknowledges and consents as follows:
a. The Terms and Conditions, which can be obtained at https://www.merchantfoundry.com/s4atbv3/WLTC/TC_WL_9_28_18.pdf, together with this Merchant Processing Application constitute the AGREEMENT among the parties. MERCHANT is responsible for reading and understanding the Terms and Conditions and agrees to be bound by all of their terms.
b. MERCHANT may be enrolled in Additional Services as defined and described in the Terms and Conditions, for which applicable fees will be incurred. MERCHANT acknowledges and agrees that Additional Services are subject to the Merchant Agreement, including the Terms and Conditions and documents referenced therein. The provisions of the Merchant Agreement regarding Additional Services constitute an agreement solely between MERCHANT and PAYSAFE PAYMENT PROCESSING SOLUTIONS, LLC, a Delaware limited liability company (“COMPANY”). MERCHANT specifically authorizes COMPANY and its affiliates to collect fees and other charges applicable to Additional Services from MERCHANT’s ACH Account (as described above) in accordance with their respective fee schedules as amended from time to time by COMPANY pursuant to the ACH Account. The undersigned agree that the signature page of this Application shall also serve as the signature for the Merchant Agreement as applicable to Additional Services, including fees and charges. MERCHANT may cancel Additional Services and avoid further fees for such Additional Services by following the procedures described in Section 16.0 of the Terms and Conditions or as otherwise explained in the applicable notice for Additional Services.
Resolution:
FOR ALL MERCHANTS WHO ARE LLCS, PARTNERSHIPS AND/OR CORPORATIONS – RESOLUTION - The indicated officer/partner identified signing below has the authorization to execute the Merchant Payment Card Agreement with BBVA Compass Bank on behalf of the herewithin named LLC, partnership or corporation.
The responsibilities listed above do not supersede terms of the Merchant Payment Card Application / Agreement and are provided to ensure that Merchant understands some important obligations of each party. This Disclosure page must be dated and signed by the Merchant's principal owner or authorized officer, whose signature confirms that he/she has reviewed a copy of this document.
Do not sign below unless and until you have received and reviewed all pages of this Merchant Payment Card Application/Agreement, Merchant Payment Card Application - Terms and Conditions and any other documents listed above in the Application Preview section. I acknowledge that my signature below will be used to fill in all signature locations on the documents listed above in the Application Preview section. I acknowledge that this complete and legible Merchant Payment Card Application/Agreement has been provided to me and I agree to be bound by its provisions. I understand that if this Merchant Payment Card Application/Agreement is approved by Processor, I will comply with the Merchant Payment Card Application/Agreement, Merchant Payment Card Application - Terms and Conditions for all transactions I process. I further acknowledge reading and agreeing to all terms in the Merchant Payment Card Application - Terms and Conditions and any other documents listed above in the Application Preview section, which shall be incorporated into the Agreement. I further understand that no strikeouts, interlineations, additions or modifications to this preprinted Merchant Payment Card Application/Agreement may be made and that this Merchant Payment Card Application/Agreement may be transmitted to or from Processor and/or retained electronically by Processor, which will constitute an original. I understand that additional charges may apply and to refer to the Merchant Payment Card Application/Agreement and the Merchant Payment Card Application - Terms and Conditions full details. I understand that this Merchant Payment Card Application/Agreement is subject to approval by Processor and Bank. I declare that all of the information contained in this Application is true and complete.
Member Bank Information:
BMO Harris Bank, 8500 Governor's Hill Drive Cincinnati, OH 45249, 847-240-6600
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
Bank is the only entity approved to extend acceptance of VISA products directly to a Merchant.
Bank must be a principal to the Merchant Agreement.
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 transaction for processing by Agent and Bank.
Bank is responsible for and must provide settlement funds to the Merchant.
Bank is responsible for all funds held in reserve that are derived from settlement.
Merchant acknowledges that you have accessed our Merchant Processing Agreement ("Agreement") at www.myresourceportal.com/epx_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 has elected to execute this agreement electronically by using the signature box below to sign this agreement by mouse, stylus, or similar instrument. Merchant understands and agrees that the signature provided below binds merchant [and guarantor(s)] to the terms and conditions of the agreement.
Signature
Sign in the box below using your finger or mouse. By signing below you agree to the above documents at your current IP Address.