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HomeMy WebLinkAbout2005-282 81ti � Lo5 I . S. POINT AND PAY INTERNET PAYMENT SERVICES - Page 1 of 5 E -PAYMENTS SERVICE AGREEMENT CONTRACT I . GENERAL PROVISIONS A. CONTRACTING PARTIES 1 . This is a contract between POINT AND PAY, Inc . ( P &P) , and the INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida ( IRC ) for P&P to provide the POINT AND PAY E-PAYMENT SYSTEM to the IRC at its offices as described below. II . E -PAYMENTS SERVICE A. GENERAL PROVISIONS 1 . Point And Pay E-Payment Services ( hereinafter referred to as " Service" or " Services " or " E- Payment Service") consists of a Central Office module and the following optional modules : Internet , IVR and Kiosk . P& P ' s E-Payment Services permits IRC to accept payment for any obligation the agency collects with a credit/debit card through this Service . 2 . P& P E-Payment Service accepts Visa@ , MasterCard@ , American Express@ and Discover& P& P E-Payment Service accepts debit cards with a Visa@ or MasterCardO logo . P& P reserves the right to discontinue acceptance or add other credit/debit card types upon written notice to IRC within 10 days of any change in type of acceptable credit/debit cards . 3 . P& P will enable IRC access to the P&P Central Office module web site , which is private . This will permit IRC authorized employees or authorized agents to gain access to the Central Office module and perform various administrative functions and process credit/debit card payments . IRC is solely responsible for its computer equipment and Internet access . 4 . A convenience fee as provided in §G . 1 . of this contract will be charged to the credit/debit cardholder for use of P& P E-Payment Services . P&P reserves the right to change the convenience fee upon written notice to IRC within 30 days of any convenience fee change . 5 . All credit/debit card payments or other e-payments made through P&P E-Payment Service will include this notice : " Please note that payment by credit/debit card is provided as a service through Point And Pay, Inc . A convenience fee is required for use of this service . " The convenience fee will be displayed separately and will also be included in the total credit/debit card payment or other E- Payment Service amount . 6 . All credit/debit card or E-Payment transactions processed using P&P E-Payment Service are between the cardholder/E-payor and P& P . 7 . All credit/debit card payment transactions and/or other E- Payments will be conducted through a secured link . 8 . P& P agrees to provide credit/debit card and/or other E-Payment services for any and all obligations that IRC collects . © 2004 , Point And Pay, Inc. All rights reserved . Revised E-Pay Service Agreement 03. 07. 05 Point And Pay Internet Payment Services - Page 2 of 5 E-PAYMENTS SERVICE AGREEMENT CONTRACT 9 . All credit/debit card payments sent by mail will require the payer to provide the credit/debit card information necessary to process the transaction on the Central Office module . IRC will provide the appropriate form for the payer to use , which will include both a "convenience fee" notice ( section A . 5 . ) and a total amount due from the payer, which amount due shall include the cost or fee obligation plus the convenience fee . 10 . Each IRC employee or authorized agent or clerk must log into the Central Office module with a unique identification code in order to conduct a credit/debit card transaction and provide audit trail information on the reports . IRC agrees to enforce this requirement . B . SERVICES ACTIVATED/SERVICES REQUESTED TO BE ACTIVATED 1 . IRC requests that the following P&P E-Payment services be activated as indicated in the " Request to be activated " column below ( initial by authorized IRC agent required in the " Request to be activated " column for service requested ) . Service Request to Activation Charge be activated Central Office Module* $2000 . 00 IVR Payment Module $2000 . 00 Internet Module $2000 . 00 Central + IVR + Internet $4000 . 00 package Activation Charge for all three activated at same time and used by IRC. * IVR and Internet Modules require use of the Central Office module . 2 . All initial setup/installation fees are to be made payable to P&P within thirty ( 30 ) days of setup/installation of any Service provided by P&P . C . INTELLECTUAL PROPERTY RIGHTS 1 . Any software developed for use in the E- Payment Services by P& P remains the exclusive property of P& P . IRC may not sell , barter, trade , copy or license any software developed by P& P . 2 . Security features , including but not limited to multi-level access for clerks , supervisors and administrators , as well as log-in features , audit trail information set-up , and interface between Central Office module Internet and/or IVR and/or Kiosk module(s ) are trade secrets of P&P and shall remain confidential at all times . IRC agrees to exercise reasonable care at all times in maintaining P&P' s trade secrets and/or all other confidential proprietary intellectual property of P&P . Failure to exercise reasonable care in protecting all proprietary intellectual property of P&P by IRC as required under this Agreement may result in immediate termination of services provided herein by P&P , in addition to other legal actions . All materials in this proposal are proprietary to Point and Pay, Inc. , and may not be reproduced in whole or in part, nor incorporated in whole or in part into any system without prior written consent from Point and Pay, Inc. 0 2004 , Point And Pay, Inc. All rights reserved. Revised E-Pay Service Agreement 03. 07. 05 Point And Pay Internet Payment Services - Page 3 of 5 E-PAYMENTS SERVICE AGREEMENT CONTRACT 3 . IRC may neither disclose nor provide to non-IRC employee (s ) or any third parties access to any P& P display screens and/or software and/or security features and/or system set-up and/or trade secrets for any purposes . IRC may not permit any person , party, entity, company, vendors or potential vendor(s ) to copy and/or to incorporate any part of the P&P ' s E-Payment System , including but not limited to the Central Office and/or Internet and/or IVR and/or Kiosk modules and/or any trade secrets . 4 . On -line screens accessible to the general Internet public are copyrighted intellectual property of P&P and may not be copied in whole or part by anyone . D . LIABILITY/MISCELLANEOUS 1 . P&P is not liable for charge backs or other subsequent refusals initiated by the customer . All such charge backs and/or refusal for settlement by the customer will be refunded to the customer and the accounts must be marked "unpaid " by the IRC. IRC shall in turn either pay P& P the full amount of the payment or P& P will deduct the refunded amount from future deposits . 2 . P&P is not liable for any errors or omissions in data provided by IRC and/or on-line users . IRC is responsible for the accuracy of data provided to P&P for use in the E- Payment Service . 3 . P&P is not liable for any unforeseen technical difficulties caused by weather conditions , service interruptions outside of the control of P&P , or acts or omissions of third parties , which may effect equipment used in the credit/debit card payment services provided by P& P . 4 . P& P is not liable for Bank errors or omissions . 5 . P&P is not liable for the negligence and/or intentional acts of IRC agents or employees . Likewise , IRC is not liable for the negligence and/or intentional acts of P&P agents or employees . P&P and IRC are not partners or joint venturers , and P &P is an independent contractor providing services to IRC. 6 . All P&P modules are Y2K compliant . 7 . P&P may not resell , barter, trade , or otherwise disclose any names and addresses or other information contained in IRC database files to anyone without the prior written consent of IRC, unless otherwise ordered by a State or Federal Court in the United States . E . GOVERNING LAW 1 . This agreement shall be governed by and construed in accordance with the laws of the State of Florida . P& P consents to venue in the Circuit Court in and for Indian River County, Florida . All materials in this proposal are proprietary to Point and Pay, Inc. , and may not be reproduced in whole or in part, nor incorporated in whole or in part into any system without prior written consent from Point and Pay, Inc. © 2004, Point And Pay, Inc. All rights reserved. Revised E-Pay Service Agreement 03 . 07. 05 Point And Pay Internet Payment Services - Page 4 of 5 E-PAYMENTS SERVICE AGREEMENT CONTRACT R TERM OF CONTRACT AND TERMINATION 1 . IRC agrees that P& P shall be the exclusive provider of all E-Payment Services and/or credit/debit card payment services for IRC. 2 . All terms of this Service agreement are contained within this contract . 3 . This Agreement replaces all prior agreements . This agreement constitutes the entire agreement of the parties . No representatives or promises have been made except those that are set out in this agreement . This agreement may not be modified except in writing signed by all parties . 4 . This Service Agreement Contract will commence on 7/5/2005 the effective date and continue for a period of two ( 2) years as the Initial Term . After the Initial Term , this Service Agreement Contract will automatically renew every year for a one year-term basis thereafter until terminated by either party upon written notice to the other party. Termination will be effective 30 days after receipt of such notice . G . COMPENSATION 1 . A convenience fee of 2 . 95 % with a minimum of $2 . 00 is charged to the credit/debit cardholder for use of P&P E-Payment Services . This convenience fee is subject to change upon sixty (60 ) days ' prior written notice provided by P& P to IRC. H . CREDIT/DEBIT CARD TRANSACTION DEPOSITS 1 . P& P will electronically deposit the exact amount of the fine or fee obligation of each approved credit/debit card transaction into : Indian River County Receiving Bank Name : Indian River County Receiving Bank Account Number : 02._ 34T5 � `-l01 Indian River County Routing Number : 2 . The electronically deposited payment will clear the credit/debit card processors and will appear in the receiving bank account within approximately 2-3 business days . 3 . P&P will provide IRC clerks and/or supervisors and/or authorized employees access to daily credit/debit card transaction reports . All materials in this proposal are proprietary to Point and Pay, Inc., and may not be reproduced in whole or in part, nor incorporated in whole or in part into any system without prior written consent from Point and Pay, Inc. © 2004, Point And Pay, Inc. All rights reserved. Revised E-Pay Service Agreement 03. 07. 05 s Point And Pay Internet Payment Services - Page 5 of 5 E-PAYMENTS SERVICE AGREEMENT CONTRACT III . NOTICE 1 . Any notices given under this contract shall be in writing , and furnished by U . S . Mail , overnight courier, or receipted hand-delivery to each party at the following address: Indian River County Utility Services Contact Person Name & Title : AIR I k) eam S (;Jd (,,,A , o, n 5( t/1SdR p C '.sTV / �- Mailing Address: [ 9y4D ,� 5A eL V A0 BDCd (` L 3 Y&od Phone number: �712) 5(el-I - Conn LXX , 19`31 Email : �I rrjjVi CM Point And Pay, Inc. Gary Francis, President APPROVED AS TO FORM 20 N . Lake Idylwild Drive AND AL UFFIC N Winter Haven , FL 33881 (863) 268-0300 g Email : WILLIAM K . DEBRAAL ' -- �-- -^— ose pASSISTANT COUNTY ATTORNEY *0� i't /a, lc5eaclf �'urTt �? FTtItfI 11` " IV . SIGNATURES INDIAN RIVER COUNTY UTILITY SERVICES �. / r 4 Ap`A ;.a 8 / 16 / 05 Signature Date e \ 3 s . u ' THOMAS S . LOWTHER ;^ * , Chairman Name Title: POINT AND PAY, INC. ?1rl'q� 'Signature Date President, Point And Pay, Inc. Gary Francis Title All materials in this proposal are proprietary to Point and Pay, Inc. , and may not be reproduced in whole or in part, nor incorporated in whole or in part into any system without prior written consent from Point and Pay, Inc. © 2004, Point And Pay, Inc. All rights reserved. o... a^^A t o.,. , 0.... a, ^ A .........,..°.# n,2 n7 nc