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PART IV: ADDITIONAL IMPORTANT INFORMATION FOR CARDS <br />I A.I. Electronic Funding Authorization <br />All payments to Client shall be through the Automated Clearing House ("ACH") and <br />shall normally be electronically transmitted directly to the Settlement Account you <br />have designated or any successor account designated to receive provisional <br />funding of Client's Card sales pursuant to the Agreement Client agrees that any <br />Settlement Account designated pursuant to the preceding sentence will be an <br />account primarily used for business purposes Neither Wells Fargo Bank, N A , nor <br />CardConnect LLC can guarantee the time frame in which payment may be credited <br />by Client's financial institution where the Settlement Account is maintained <br />Client hereby authorizes Wells Fargo Bank, N.A , and its authorized representative, <br />including CardConnect LLC, to access information from the Settlement Account and <br />to initiate credit and/or debit entries by bankwire or ACH transfer and to authorize <br />your financial institution to block or to initiate, if necessary, reversing entries and <br />adjustments for any original entries made to the Settlement Account and to <br />authorize your financial institution to provide such access and to credit and /or debit <br />or to block the same to such account This authorization is without respect to the <br />source of any funds in the Settlement Account. is irrevocable and coupled with an <br />interest This authority extends to any equipment rental or purchase agreements <br />which may exist with Client as well as to any fees, fines and assessments and <br />Chargeback amounts of whatever kind or nature due to CardConnect LLC or Wells <br />Fargo Bank, N A under terms of this Agreement whether arising during or after <br />termination of the Agreement This authority is to remain in full force and effect at all <br />times unless and until CardConnect LLC and Wells Fargo Bank, NA have <br />consented to its termination at such time and in such a manner as to afford them a <br />reasonable opportunity to act on it In addition, Client shall be charged twenty-five <br />dollars ($25.00) for each ACH which cannot be processed, and all subsequent <br />funding may be suspended until Client either (i) notifies CardConnect LLC that ACH' <br />s can be processed or (i) a new electronic funding agreement is signed by Client <br />Client's Settlement Account must be able to process or accept electronic transfers <br />via ACH <br />A.2. Funding AcknovAedgement <br />Automated Clearing House (ACH). Your funds for Mastercard. Visa. Discover <br />Network, PayPal and American Express transactions will ordinarily be processed <br />and transferred to your financial institution within two (2) Business Days from the <br />time a batch is received by Processor if your financial institution is the Bank If your <br />financial institution is not the Bank, your Mastercard, Visa, Discover Network. <br />PayPal and American Express transactions will ordinarily be processed via the <br />Federal Reserve within two (2) Business Days from the time a batch is received by <br />Processor The Federal Reserve will transfer such amounts to your financial <br />institution <br />A.3. Additional Fees and Early Termination <br />If Client's Mastercard. Visa, Discover Network, PayPal and American Express <br />transaction(s) fail to qualify for the discount level contemplated in the rates set forth <br />in the Application, Client will be billed the fee indicated in the Mid -Qualified Discount <br />field or Non -Qualified Discount field If you are utilizing the Enhanced Billback <br />Discount option, the Client will be charged the Enhanced Billback Rate on the <br />volume of said transaction that failed to qualify, in addition to the difference between <br />the MastercardNisa/Discover Network/PayPal and American Express Qualified <br />Rate agreed to on the Service Fee Schedule and the actual interchange rate <br />assessed to the downgraded transaction <br />a Any increases or decreases in the interchange and/or assessment portion of the <br />fees. <br />b The appropriate interchange level as is consistent with the qualifying criteria of <br />each transaction submitted by Client, <br />C Increases in any applicable sales or telecommunications charges or taxes levied <br />by any state. federal or local authority related to the delivery of the services <br />provided by CardConnect LLC when such costs are included in the Service or <br />other fixed fees <br />The discount fees shown on the Service Fee Schedule shall be calculated based on <br />the gross sales volume of all Visa. Mastercard/Discover/PayPal and American <br />Express volume. <br />A Monthly Minimum Processing Fee will be assessed immediately after the date <br />Client's Application is approved (Refer to Service Fee Schedule. if applicable ) <br />In addition to the PIN Debit Card transaction fees set forth on the Application. Client <br />shall be responsible for the amount of any fees imposed upon a transaction by the <br />applicable debit network <br />The parties further agree and acknowledge that, in addition to any remedies <br />contained herein or otherwise available under applicable law and, if (a) Client <br />breaches this Agreement by improperly terminating it prior to the expiration of the <br />initial term of the Agreement, or (b) this Agreement is terminated prior to the <br />expiration of the initial term of the Agreement due to an Event of Default, then <br />Servicers will suffer a substantial injury that is difficult or impossible to accurately <br />estimate Accordingly, the parties have agreed that the amount described below is a <br />reasonable pre -estimate of Servicers' probable loss <br />In the event that Client terminates this Agreement within three (3) years from the <br />date of approval by CardConnect LLC and Wells Fargo Bank, N A or this <br />Agreement is terminated by Servicers within 3 years from the date of approval due <br />to an Event of Default. Client will be charged a fee for such early termination, if so <br />indicated on the Application on the Service Fee Schedule <br />Client's obligation with respect to the Monthly Minimum Processing Fee will end <br />simultaneously with CardConnect LLCs' receipt of Termination Fee <br />1515114; . ..• <br />Pursuant to Section 605OW of the Internal Revenue Code, merchant acquiring <br />entities and third party settlement organizations are required to file an information <br />return for each calendar year reporting all payment card transactions and third party <br />network transactions with payees occurring in that calendar year Accordingly, you <br />will receive a Form 1099-K reporting your gross transaction amounts for each <br />calendar year Your gross transaction amount refers to the gross dollar amount of <br />the card transactions processed through your merchant account with us In addition, <br />amounts reportable under Section 6050W are subject to backup withholding <br />requirements. Payors will be required to perform backup withholding by deducting <br />and withholding income tax from reportable transactions if (a) the payee fails to <br />provide the payee's taxpayer identification number (TIN) to the payor, or (b) if the <br />IRS notifies the payor that the TIN (when matched with the name) provided by the <br />payee is incorrect. Accordingly, to avoid backup withholding, it is very important that <br />you provide us with the correct name and TIN that you use when filing your tax <br />return that includes the transactions for your business <br />A.S. Addresses For Notices <br />PROCESSOR: Important Phone Numbers: (see also <br />CardConnect LLC: Sections 10 and 15) <br />1000 Continental Drive Customer Service <br />Suite 300 1-877-828-0720 <br />King of Prussia, PA 19406 <br />BANK: <br />Wells Fargo Bank, N.A.: <br />P O Box 6079 <br />Concord, CA 94524 <br />1-844-284-6843 <br />. E OF FLORIDA <br />INDIAN RIVER COUNTY <br />THIS IS TO CERTIFY THAT THIS IS <br />A TRUE AND CORRECT COPY OF <br />THE OP^ NAL ON FILE IN THIS <br />OFFIQE. / <br />•'rima-=I�'I�%14� <br />CarclCo2305 46 <br />