Check Recovery Terms & Conditions

1. Merchant Authorization. (a) Merchant authorizes Check Assist, an ACH data processing company, to re-present all return check items forwarded to Check Assist by Merchant or Merchant's bank(s) in accordance with the RCK Rules of NACHA. (b) When applicable, Merchant agrees to complete a Return Item authorization form provided by Check Assist and forward to the bank(s) utilized by Merchant so that all returns shall be forwarded to Check Assist after first presentation. (c) Merchant agrees to display notices supplied to Merchant by Check Assist at all point of sale locations at all times. (d) All collected represented check items shall be transmitted to the Merchant through Automated Clearing House into a bank account designated by Merchant. (e) Check Assist will be allowed ninety (90) days from the date of receipt of a return check item to complete their recovery process. If this Agreement is terminated for any reason, Check Assist will retain the right to complete their check recovery process for all returned check items forwarded to Check Assist prior to said termination. (f) The Merchant will refrain from collecting payment on any return check items, in Check Assist Recovery or Secondary Collection when this feature has been agreed to by the Merchant at the time of signup or otherwise. (g) In the event the Merchant collects payment for a return check item previously submitted to the Check Assist Recovery or Secondary Collection process, Merchant will be assessed a penalty fee not less than $10.00 for each item and will be responsible for any NACHA violation fines resulting from this action. (h) If Merchant collects on a return check item previously submitted to Check Assist, Merchant will notify Check Assist immediately. Merchant will be responsible for any of the check writer's bank or other fees resulting from the duplicate collection of the return check item. In addition, Check Assist will be entitled to recover the state civil penalty from the Merchant. (i) The Merchant shall be paid weekly all items processed and cleared the previous week. (j) Check Assist does not guarantee the recovery, collection or payment of any return item presented to Check Assist for re-presentment. Furthermore, Check Assist makes no representation or warranty as to the collectivity or validity of any return item. Check Assist retains the right to refuse to process any transaction submitted by Merchant. (k) It is Merchant's responsibility to capture and maintain proper authorization for check recovery fees as indicated by NACHA'S RCK rules. This may include, but is not limited to, signature on each check, an on file signature via a check log provided by Check Assist to Merchant or voice authorization. In the event proper authorization is not captured, Check Assist reserves the right to refuse to process these (check (s)) electronically or recover check(s) by other collection means and, or to capture authorization by other means. (l) Check Assist will pay the Merchant 100% of the face value of the check or a percentage equal to the amount collected. Merchant is obligated to pay all taxes (if any) and other charges imposed by any governmental authority on the service provided under this agreement.

2. Warranty; Limitations on Liability. Merchant acknowledges and agrees by virtue of acceptance and participation in this service that(a) Check Assist is acting as an ACH data processing Merchant not an insurer or check collection agency. Merchant acknowledges that data processing entails the risk of human and machine errors, omissions, delays and losses, including inadvertent loss or misstatement of data that may give rise to loss or damage. Accordingly, Merchant agrees that Check Assist SHALL NOT BE LIABLE FOR ANY ERRORS, NEGLIGENCE OR WILLFUL MISCONDUCT. In no event shall Check Assist be liable for indirect, special or consequential damages even if Check Assist has been advised of the possibility of such potential claim, loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. (b) Further, Check Assist shall not be responsible for delays in receipt of Merchant information or processing of Merchant information because of causes beyond its reasonable control, including, without limitation, failures or limitations on the availability of third party telecommunications or other transmission facilities and Merchant's failure to properly enter and/or transmit information.

3. Governing Law. This Agreement shall, in all respects, be governed by the laws of the State of Florida applicable to agreements executed and to be wholly performed within the State of Florida.

4. Agreement. Merchant represents that all information in the enrollment process and this Agreement is correct and complete. Merchant must notify Check Assist in writing of any changes to the information in this Agreement. The notice of change must be given in writing to Check Assist within 10 days of any aforementioned change. Merchant is liable to Check Assist for all losses or expenses incurred by Check Assist arising out of Merchant's failure to report changes. Check Assist may immediately terminate this Agreement upon notification of a change to the information in the Agreement that Check Assist fails or refuses to agree to.

5. Debit/Credit Authorization. (a) Merchant authorizes Check Assist, or its assignee, in accordance with this Agreement to initiate debit/credit entries to the Designated Account, or any other account maintained by Merchant at any institution, all in accordance with this Agreement and the ACH Authorization attached to the Merchant Agreement. The authority is to remain in full force and effect until (1) Check Assist has received a written notification from Merchant of its termination in such a manner as to afford Check Assist reasonable opportunity to act on it; and (2) all financial obligations of Merchant to Check Assist that have arisen under this Agreement have been paid in full, to include but not limited to face amount of check and or fee charge backs and commissions owed to Check Assist by Merchant. (c) Merchant will notify Check Assist of any changes in its checking account at least ten (10) business days prior to such change being effective and will 1) forward a voided check from such new account and any other documents Check Assist requests to Check Assist prior to changing such account, or 2) use the Schedule C. available on this reporting site.

6. Term. This Agreement will become effective on the date Check Assist executes this Agreement (“Effective Date”). This Agreement will remain in effect for a period of 30 days (“Initial Term”) and will renew automatically for successive 30 day term (“Renewal Term”) unless terminated as set forth below.

7. Termination. (a) This Agreement may be terminated by either party to be effective at the end of the Initial Term or any Renewal Tern by giving written notice of an intention not to renew at least 20 business days before the end of the current term and in accordance with section 8 of the Agreement. (b) Furthermore, Check Assist may cease rendering the Services to any or all of Merchant's locations with or without notice and with or without cause. The reasons may be, but are not limited to: (1) if any of the information provided by Merchant to Check Assist contains any material misstatement or omission; (2) if Merchant becomes insolvent or makes an assignment for the benefit of its creditors or any proceeding is commenced by or against Check Assist under any bankruptcy, liquidation or other debtor's protection law or statue; (3) if Merchant violates any operating rules, or any applicable governmental law, regulation or rule including without limitation NACHA rules or rules under any bankruptcy, liquidation or other debtor's protection law or statute.

8. Non-Exclusive Agreement. This is not an exclusive agreement and each of the parties is at liberty to enter similar arrangements with other parties as they deem in their best interest. However, during the term of this Agreement, Merchant shall not enter into any contract, whether written or oral, with any other organization or entity for services or products similar to those set forth in this Agreement, without first providing Check Assist with the option and right of first refusal of providing such services at substantially the same competitive offering price. When Merchant advises Check Assist that it is considering services from another party similar to those specifically outlined in this Agreement or services that would affect Check Assist's provision of the services in this Agreement, the decision to respond to the request for a competitive bid to provide the services shall be the sole responsibility and within the sole discretion of Check Assist. In making such request, Merchant shall provided Check Assist with all necessary data or information to permit Check Assist to analyze the request. Check Assist shall advise Merchant within 14 days whether it will continue to provide services, and the new cost thereof. Merchant shall have 7 days thereafter to accept or decline such proposal.

9. Action Upon Termination. (a) All Merchant's obligations regarding Payer Authorizations will survive termination. (b) Merchant must maintain in the Designated Account enough funds to cover all charge backs, deposit charges, refunds and fees incurred by Check Assist on behalf of Merchant for a reasonable time, but in any event not less than 90 days. Merchant authorizes Check Assist to charge those accounts, or any other account maintained under this Agreement for such amounts. If the amount in the Designated Account is not adequate, Merchant will pay Check assist the amount Merchant owes Check Assist upon demand, together with all costs and expenses incurred to collect that amount, including reasonable attorney's fees. (c) Within 14 business days of the date of termination, merchant must return all equipment owned by Check Assist (if any) and immediately pay Check Assist any amounts Merchant owes Check Assist for equipment costs.

10. Amendments. (a) Check Assist may change all terms and conditions set forth in this Agreement at any time upon written notice. Such changes shall supersede any previous terms and conditions. Merchant will be deemed to have agreed to the changes if Merchant continues to present transactions to Check Assist after 7 business days following the mailing of the notice. (b) Merchant may terminate this agreement, upon such change solely by written notice of Merchant's intentions to do so within seven (7) business days after receipt of amendment from Check Assist.

11. *Secondary Collection; If Secondary Collection is requested after the electronic recovery period or returns initially received as other than NSF, and unless a specific collection agent is requested by Merchant, Check Assist will be authorized to assign this Agreement to a parent, subsidiary, affiliate, or successor-in-interest. Upon collection and clearing of collected funds, Check Assist will pay the Merchant 100% of the face value of the check or a percentage equal to the amount collected. No rebate will be paid on Secondary Collection items. Merchant will refrain from collecting any payments for the return check items on any items that are sent to Secondary Collections. If any check is sent to the secondary Collection service, as requested by the merchant, and the merchant collects any amount for any check at their location, or requests a cessation of collections, Check Assist will charge the merchant the fee that is due to the Secondary Collection service for service rendered.