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HomeMy WebLinkAbout2019-046ECHASE SUBMITTER MERCHANT PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES (For use by Paymentus' U.S.-based clients) Paymentech, LLC ("Paymentech" or "we", "us" or "our" and the like), for itself and on behalf of JPMorgan Chase Bank, N.A. ("Member"), is very excited about the opportunity to join Paymentus Corporation in providing you with state-of-the-art payment processing services. When your Customers pay you through Paymentus Corporation, you may be the recipient of a Card funded payment. The organizations that operate these Card systems (such as Visa U.S.A., Inc. and MasterCard International Incorporated; collectively, the "Payment Brands") require that you (i) enter into a direct contractual relationship with an entity that is a member of the Payment Brand and (ii) agree to comply with Payment Brand Rules as they pertain to applicable Card Transaction you submit through Paymentus Corporation. You are also required to fill out an Application with Paymentech. The Application provides Paymentech with information relative to your processing practices and expectations. By executing this document, you are fulfilling the Payment Brand Rule of entering into a direct contractual relationship with a member, and you are agreeing to comply with Payment Brand Rules as they pertain to Transactions you submit for processing through the Paymentus Corporation service. We understand and acknowledge that you have contracted with Paymentus Corporation to obtain Card processing services on your behalf and that Paymentus Corporation may have agreed to be responsible for your obligations to us for such Transactions and as set forth in these guidelines. The following information is designed to inform and assist you as we begin our relationship. 1. Your Acceptance of Cards • You agree to comply with all Payment Brand Rules, as may be applicable to you and in effect from time. You understand that we may be required to modify these instructions and guidelines in order to comply with requirements imposed by the Payment Brands. • In offering payment options to your customers, you may elect any one of the following options. These acceptance options above apply only to domestic transactions: Accept all types of Visa and MasterCard cards, including consumer credit and debit/check cards, and commercial credit and debit/check cards; Accept only Visa and MasterCard credit cards and commercial cards (If you select this option, you must accept all consumer credit cards (but not consumer debit/check cards) and all commercial card products, including business debit/check cards); or Accept only Visa and MasterCard consumer debit/check cards (If you select this option, you must accept all consumer debit/check card products (but not business debit/check cards) and refuse to accept any kind of credit cards). • If you choose to limit the types of Visa and MasterCard cards you accept, you must display appropriate signage to indicate acceptance of the limited acceptance category you have selected (that is, accept only debit/check card products or only credit and commercial products). • For recurring transactions, you must obtain a written request or similar authentication from your Customer for the goods and/or services to be charged to the Customer's Card, specifying the frequency of the recurring charge and the duration of time during which such charges may be made. 2. Settlement • Upon our receipt of your Transactions, we will process your Transactions to facilitate the funds transfer between the various Payment Brands, you and Paymentus Corporation. Unless otherwise agreed to by the parties, after we receive credit for such Transactions, we will provide provisional credit to one or more of the Bank Account(s) you designate herein under the "Funding Schedule" section. • You must not submit Transactions for payment until the goods are delivered, shipped, or the services are performed. If a Customer disputes being chargedfor merchandise or services before receiving them, the result may be a Chargeback to you. INTERNAL PAYMENTECA USE PDF Merchant Name: County of Indian River—Board. of County Commissioners Page 1 of 4 Paymentech Contract No. 000160 3. Chargebacks • You may receive a Chargeback for a number of reasons. The following are some of the most common reasons for Chargebacks, but in no way is this meant to be an exhaustive list of all Chargeback reasons: (1) You do not issue a refund to a Customer upon the return or non-delivery of goods or services; (2) An authorization/approval code was required and not obtained; (3) The Transaction was fraudulent; (4) The Customer disputes the Card sale or the signature on the sale documentation, or claims that the sale is subject to a set-off, defense or counterclaim; or (5) The Customer refuses to make payment for a Card sale because in the Customer's good faith opinion, a claim or complaint has not been resolved, or has been resolved by you but in an unsatisfactory manner. 4. Data Security and Privacy • By signing below, you represent to us that you do not have access to any Card Information (such as the Customer's primary account number, expiration date, security code or personal identification number) and you will not request access to such Card Information from Paymentus Corporation. In the event that you do happen to receive Card Information in connection with the processing services provided by Paymentus Corporation or Paymentech under these guidelines, you agree that you will not use it for any fraudulent purpose or in violation of any Payment Brands or applicable law and you will comply with all applicable Payment Brand Rules and Security Standards. If at any time you believe that Card Information has been compromised, you must notify us promptly and assist in providing notification to the proper parties. You must ensure your compliance with all Security Standards that are applicable to you and which may be published from time to time by the Payment Brands. If any Payment Brand requires an audit of you due to a data security compromise event or suspected event, you agree to cooperate with such audit. You may not use any Card Information other than for the sole purpose of completing the Transaction authorized by the Customer for which the information was provided to you, or as specifically allowed by Payment Brand Rules, or required by law. In the event of your failure, including bankruptcy, insolvency or other suspension of business operations, you shall not sell, transfer or disclose any materials that contain Transaction information or Card Information to third parties. S. Funding Schedule • In order to receive funds from Paymentech, you must maintain one or more bank account(s) at a bank that is a member of the Automated Clearing House ("ACH") system and the Federal Reserve wire system (the "Bank Account"). You must designate at least one Bank Account for the deposit and settlement of funds and the debit of any fees and costs associated with Payrnentech's processing of the Transactions (all such designated Bank Accounts shall be collectively referred to herein as the "Settlement Account"). You authorize Paymentech to initiate electronic credit and debit entries and adjustments to your Settlement Account in accordance with this Section 5. We will not be liable for any delays in receipt of funds or errors in Settlement Account entries caused by third parties, including but not limited to delays or errors by the Payment Brands or your bank. • Unless otherwise agreed to by the parties, the proceeds payable to the Settlement Account shall be equal to the amounts received by us in respect of your Card transactions less all Chargebacks, Customer refunds and other applicable charges. Such amounts will be paid into the Settlement Account promptly following our receipt of the funds. If the proceeds payable to the Settlement Account do not represent sufficient credits, or the Settlement Account does not have a sufficient balance to pay amounts due from you under these guidelines, we may pursue one or more of the following options: (i) demand and receive immediate payment for such amounts; (ii) debit a Bank Account for the amount of the negative balance; (iii) withhold settlement payments to the Settlement Account until all amounts are paid, (iv) delay presentation of refunds until a payment is made to us of a sufficient amount to cover the negative balance; and (v) pursue any remedies we may have at law or in equity. • Unless anduntil we receive written instructions from you to the contrary, all amounts payable by Paymentech to you will be deposited in the Settlement Account designated and authorized by you as set forth below: Name of Bank: TD Bank Account Name: Indian River County BCC/Utilities Account Bank Routing Number: 067014822 Account Number: XXXXXX 1813 Reference: INTERNAL PAYMENTECI-I USE PDF Merchant Name: County of Indian River — Boardof County Commissioners Page 2 of 4 Paymentech Contract No. 000160 6. Definitions "Application" is a statement of your financial condition, a description of the characteristics of your business or organization, and related information you have previously or concurrently submitted to us, including credit and financial information. "Card" is an account, or evidence of an account, authorized and established between a Customer and a Payment Brand, or representatives or members of a Payment Brand that you accept from Customers as payment for a good or service. Payment Instruments include, but are not limited to, credit and debit cards, stored value cards, loyalty cards, electronic gift cards, authorized account or access numbers, paper certificates and credit accounts. "Chargeback" is a reversal of a Transaction you previously presented to Paymentech pursuant to Payment Brand Rules. "Customer" is the person or entity to whom a Card is issued or who is otherwise authorized to use a Payment Instrument. "Member" is JPMorgan Chase Bank, N.A. or other entity providing sponsorship to Paymentech as required by all applicable Payment Brand. Your acceptance of Payment Brand products is extended by the Member. "Payment Brand" is any payment method provider whose payment method is accepted by Paymentech for processing, including, but not limited to, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers, gift card and other stored value and loyalty program providers. Payment Brand also includes the Payment Card Industry Security Standards Council. "Payment Brand Rules" are the bylaws, rules, and regulations, as they exist from time to time, of the Payment Brands. "Card Information" is information related to a Customer or the Customer's Card, that is obtained by you or Paymentus Corporation from the Customer's Card, or from the Customer in connection with his or her use of a Card (for example a security code, a PIN number, or the customer's zip code when provided as part of an address verification system). Without limiting the foregoing, such information may include a the Card account number and expiration date, the Customer's name or date of birth, PIN data, security code. data (such as CVV2 and CVC2) and any data read, scanned, imprinted, or otherwise obtained from the Payment Instrument, whether printed thereon, or magnetically, electronically or otherwise stored thereon. "Paymentech", "we", "our", and "us" is Paymentech, LLC, a Delaware limited liability company, having its principal office at 14221 Dallas Parkway, Dallas, Texas 75254. "Security Standards" are all rules, regulations, standards or guidelines adopted or required by the Payment Brands or the Payment Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payment Instrument Information, including but not limited to the Payment Card Industry Data Security Standards ("PCI DSS"), Visa's Cardholder Information Security Program ("CISP"), Discover's Information Security & Compliance Program, American Express's Data Security Operating Policy, MasterCard's Site Data Protection Program ("SDP"), Visa's Payment Application Best Practices ("PABP"), the Payment Card Industry's Payment Application Data Security Standard ("PA DSS"), MasterCard's POS Terminal Security program and the Payment Card. Industry PIN Entry Device Standard, in each case as they may be amended from time to time. "Transaction" is a transaction conducted between a Customer and you utilizing a Card in which consideration is exchanged between the Customer and you. [Signature page to follow] INTERNAL PAYMENTECH.USE Merchant Name:: County of Indian Rivcr —Board of County Conumissfoncrs PDF Page 3 of4 Paymentech ContractNo. 000160 Please acknowledge your receipt of these instructions and guidelines and your agreement to comply therewith. Agreed and Accepted by: County of Indian River — Board of County Commissioners MERCHANT LEGAL NAME (Print or Type) 1801 27th St., Vero Beach, FL 32960 A By, Name, Title (Print or Type) aa r�//�� a DateMar`di 9)& 1 ao I / Agreed and Accepted by: Paymentus Corporation 3455 Peachtree Rd NE 5th Fl, Atlanta, GA 30326 .r cna:r. B :. . ype) r g0.41121211: `�/mil y (authorized signature) Ire By, ame, Title rint o)� Date Vey/ APPROVED AS TO FORM; AND LEGAL. SUFFICIENCY BY WILLIAId'K. DEBRAAL DEPUTY COUNTY ATTORNEY Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Agreed and Accepted by: PAYMENTECH, LLC for itself and on behalf of JPMORGAN CHASE BANK, N.A. By: Print Name: Title: Date: Address: 4 Northeastern Boulevard, Salem, NH 03079 INTERNAL PAYMENTECH USE PDF Merchant Name: County of rndiao River— Board of County Commissioners Page 4 of 4 Paymentech Contract No..000160 Paii e ®11 us 13Ge.aniyt�r.'C:or��oraf F'I a Suite. 450 vQ • Charlotte. NC 23: i, ACH ORIGINATION ADDENDUM This ACH Origination Addendum ("Addendum") is entered into as of by and between county of Indian River - Board of County Commissioners Corporation, a Delaware corporation ("us"). ("you") and Paymentus This Addendum applies if you have a Master Services Agreement or,any other agreement with us (including for this purpose, any affiliate) and we currently or in the future process Automated Clearinghouse ("ACH" or "e -check") transactions for you. This Addendum highlights those additional terms that apply to our processing of ACH transactions for you. Unless otherwise defined in this Addendum, capitalized terms in this Addendum have the meanings set forth in the Master Services Agreement or as defined in the NACHA Operating Rules (as defined below). The ACH network is controlled and managed by the National Automated Clearinghouse Association ("NACHA") and its member organizations and is governed by certain operating rules ("Rules"). The Rules require that all Originators (like you), and Third -Party Senders (like us) must be bound to the Rules. You are authorizing us to submit ACH debit and credit entries on your behalf. As an Originator of debit and credit entries, you accept the obligations as defined in the Rules insofar as you perform the functions identified in the Rules. We further accept our obligations as a Third -Party Sender insofar as we perform the functions identified in the Rules for you. Depending on the circumstances, either you or we will obtain your customers' consent to debit or credit their bank account. The consents will be in the form and manner that complies with the Rules. If authorizations were obtained prior to your agreement with us (and/or from another Third -Party Sender or Third -Party Service Provider), you agree to retain proof of this consent and provide it to us upon request within five (5) business days. if a customer has stopped payment or revoked authorization for a transaction, you agree not to reinitiate this payment until a new authorization is obtained from the customer. You acknowledge that ACH entries may not be initiated that violate the laws of the United States. You may not, and may not attempt to (and we will not and will not attempt to on your behalf) send or receive funds to or from a person, entity, or state where such transactions are prohibited by applicable law and will not initiate transactions on behalf of another person or entity for which you are not the ultimate beneficiary. You acknowledge that we have a responsibility to monitor and review your ACH originated activity for compliance with this Addendum, the Rules and applicable laws, regulations and orders as well as for security, legal, fraud and any other legitimate purpose as permitted by law. This includes the right to review your records and you agree to provide access to any information reasonably requested in connection with any review. if you are found to have breached any term of this Addendum or the Rules, we may terminate or suspend this Addendum by giving you written notice, which will be effective immediately. NACHA may amend the Rules at any time, and we may amend this Addendum or make changes to Services as necessary to comply with the Rules. If we make those changes, we will provide you with a copy of the amended Addendum or a description of the Services changes, which in either case will be effective when we make it available to you. Signed By: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk pUN%..... APPROVED AS TO FORM AND LEGAL SUFFICI .CY BY WILLIAM K. DEBRAAL