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2019-046E
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2019-046E
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Last modified
12/27/2019 12:20:32 PM
Creation date
5/2/2019 11:12:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/26/2019
Control Number
2019-046E
Agenda Item Number
8.M.
Entity Name
Paymentus Corporation
Paymentech
Subject
Payment Processing
ACH Origination Addendum
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Paii e ®11 us 13Ge.aniyt�r.'C:or��oraf F'I a <br />Suite. 450 <br />vQ <br />• Charlotte. NC 23: i, <br />ACH ORIGINATION ADDENDUM <br />This ACH Origination Addendum ("Addendum") is entered into as of <br />by and between county of Indian River - Board of County Commissioners <br />Corporation, a Delaware corporation ("us"). <br />("you") and Paymentus <br />This Addendum applies if you have a Master Services Agreement or,any other agreement with us (including <br />for this purpose, any affiliate) and we currently or in the future process Automated Clearinghouse ("ACH" <br />or "e -check") transactions for you. This Addendum highlights those additional terms that apply to our <br />processing of ACH transactions for you. Unless otherwise defined in this Addendum, capitalized terms in <br />this Addendum have the meanings set forth in the Master Services Agreement or as defined in the NACHA <br />Operating Rules (as defined below). <br />The ACH network is controlled and managed by the National Automated Clearinghouse Association <br />("NACHA") and its member organizations and is governed by certain operating rules ("Rules"). The Rules <br />require that all Originators (like you), and Third -Party Senders (like us) must be bound to the Rules. You <br />are authorizing us to submit ACH debit and credit entries on your behalf. As an Originator of debit and credit <br />entries, you accept the obligations as defined in the Rules insofar as you perform the functions identified in <br />the Rules. We further accept our obligations as a Third -Party Sender insofar as we perform the functions <br />identified in the Rules for you. <br />Depending on the circumstances, either you or we will obtain your customers' consent to debit or credit <br />their bank account. The consents will be in the form and manner that complies with the Rules. If <br />authorizations were obtained prior to your agreement with us (and/or from another Third -Party Sender or <br />Third -Party Service Provider), you agree to retain proof of this consent and provide it to us upon request <br />within five (5) business days. if a customer has stopped payment or revoked authorization for a transaction, <br />you agree not to reinitiate this payment until a new authorization is obtained from the customer. <br />You acknowledge that ACH entries may not be initiated that violate the laws of the United States. You may <br />not, and may not attempt to (and we will not and will not attempt to on your behalf) send or receive funds <br />to or from a person, entity, or state where such transactions are prohibited by applicable law and will not <br />initiate transactions on behalf of another person or entity for which you are not the ultimate beneficiary. <br />You acknowledge that we have a responsibility to monitor and review your ACH originated activity for <br />compliance with this Addendum, the Rules and applicable laws, regulations and orders as well as for <br />security, legal, fraud and any other legitimate purpose as permitted by law. This includes the right to review <br />your records and you agree to provide access to any information reasonably requested in connection with <br />any review. if you are found to have breached any term of this Addendum or the Rules, we may terminate <br />or suspend this Addendum by giving you written notice, which will be effective immediately. <br />NACHA may amend the Rules at any time, and we may amend this Addendum or make changes to <br />Services as necessary to comply with the Rules. If we make those changes, we will provide you with a copy <br />of the amended Addendum or a description of the Services changes, which in either case will be effective <br />when we make it available to you. <br />Signed By: <br />Attest: Jeffrey R. Smith, Clerk of <br />Circuit Court and Comptroller <br />Deputy Clerk <br />pUN%..... <br />APPROVED AS TO FORM <br />AND LEGAL SUFFICI .CY <br />BY <br />WILLIAM K. DEBRAAL <br />
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