MERCHANT
acknowledges that ECS and/or BANK as
referenced above, will determine all
Rates, Charges, Reserves and Limit
Authorizations, collectively "Fees". Bank
will notify MERCHANT of the approved Fees
and MERCHANT, by evidence of MERCHANTS
first settled transaction, agrees to such
approved Fees. MERCHANT and each Personal
Guarantor warrants and certifies that all
the information submitted under this
application is true, correct and complete
and that ECS and BANK are relying on such
information in its approval process and in
setting the applicable Fees. For this
purpose, MERCHANT and each Personal
Guarantor, if any, agree that BANK/ECS are
authorized to investigate and confirm the
information contained or submitted herein
and may utilize credit bureau/agencies
and/or its own agents. MERCHANT agrees and
understands that the Merchant Processing
Agreement shall not take effect until the
MERCHANT has been approved by BANK and a
Merchant Number has been issued.
For MERCHANTS that select the ECS Terminals and enter
into an ECS Terminals Service Agreement
with ECS ("Service Agreement"), the
Service Agreement provides that should
payment for any and all lees and charges
under the Service Agreement not be made
within fifteen (15) days of the date of
any invoice, MERCHANT authorizes ECS to
electronically debit by way of any
automated clearing house ("ACH")
transaction, the Designated Account, as
defined below, of MERCHANT, for all fees,
costs and charges due ECS, By completing
and executing the ACH Authorization Form
above, and by execution of this
Application, MERCHANT expressly authorizes
ECS to make any and all such ACH debits
from the Designated Account of MERCHANT,
and expressly instructs its financial
institution at which MERCHANT'S Designated
Account is maintained: to allow all such
ACH debits on ECS' behalf. In addition,
MERCHANT grants ECS a specific security
interest in all Merchant Account Reserves,
as defined in the Service Agreement,
maintained by MERCHANT at any financial
institution, and hereby authorizes ECS to
debit and/or offset any invoiced amounts
not paid within fifteen (15) days. In the
event of an ACH debit or offset, ECS will
provide MERCHANT with an itemized
statement detailing the transactions and
related ACH debits or offset for the
calendar month immediately preceding. This
ACH Authorization shall remain in effect
at all times during the term of the
MERCHANT's ECS Service Agreement, or until
such time as all outstanding obligations
of MERCHANT to ECS arising under the
Service Agreement are paid in full,
whichever is longer "Designated Account"
for purposes of the ECS Service Agreement
shall mean the financial institution and
account designated in the space above.
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