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Checks-By-Web Schedule ‘These Temus are only applicable to processing web-initiated transactions which aro “Web” Entries as defined by the Rules (‘Checks-By-Web Service”) utilizing the end-customer’s Checking account date, MERCHANT is required to provide its own Intemet payment gateway or utilize « third party Intemet payment gateway which must be approved by Paya-EFT in advance, Any Paya-EPT products and associated software specifically designed for such transactions will be utilized by MERCHANT when required by Paya-EFT, and such software will either be hosted and maintained by Paya-EFT, or alternatively, provided directly to MERCHANT for installation on MERCHANT equipment. In all cases where Paya-EFT hosts software for MERCHANT, the various terms and conditions referenced below regarding disclosure, transaction and processing requirements and all other requirements imposed by either regulatory agency, Jaw, Paya-EFT, or otherwise shall have full force and offect. CHECKS-BY-WEB PROGRAM. THIS PROGRAM OFFERS NO GUARANTEE FOR ENTRIES THAT ARE RETURNED UNPAID AND MERCHANT SHALL BE LIABLE FOR 100% OF ALL LOSSES ARISING FROM RETURNED ENTRIES, MERCHANT must utilize a Paya-EFT-approved payment gateway, software, and approved method of electronic file transmission to use the Checks-By-Web program. MERCHANT must submit a file for testing purposes prior to using the Checks-By-Web Service if MERCHANT utilizes electronic file transmission. MERCHANTS who utilize electronic file transmission will not receive the benefit of any pre-verification services to determine if the CUSTOMER’s account or driver's license. is flagged by the national negative database for unpaid items, which may result in higher returns or chargebacks to MERCHANT'S account, Refer to Software Requirements section. Paya~ EFT functions solely as the processor and assumes no liability in the performance of MERCHANT’ s payment gateway or other related hardwate/software. Paya-EFT may, at its option provide certain pre-verification services prior to processing an Entry; stich services are at Paya- EFT’s discretion and shall in no way create a guarantee from Paya-EFT or obligation on Paya-EFT1’s part to verify the consumer identity and validity ofa submitted Entry. ACH COLLECTION, MERCHANT authorizes Paya-EFT to re-present all return items forwarded to Paya-EFT and to originate an electronic Entry for the amount of any allowable recovery fee, Paya-EFT shall have sixty (60) days fromthe date of receipt of retumt ACH transaction item to complete. its re-presentment process. If this Agreenient is terminated for any reason, Paya- EFT will rétain the right to complete the electronic re-presentment process for all return ACH Transaction items forwarded to Paya-EFT prior to termination. . UNACCEPTABLE TRANSACTIONS, In addition to the restrictions set out above and in any event, the following transactions are unacceptable for electronic processing: MERCHANT agrees noi to submit any of the following transactions to Paya-EFT for electronic processing; (a) MERCHANT shall not electronically process any electronic checks drawn on any depository institution that is not federally insured or part of the ACH network, (b) MERCHANT shall not electronically process any electronic checks drawn on the business or personal checking account of MERCHANT or any of its agents or employees, (c) MERCHANT shall not submit an electronic check for goods or services that are not provided to the customer, (d) MERCHANT shall not submit an electronic check which is altered by the MERCHANT in any way. MERCHANT’s submission of any of the abéve transactions for electronic processing may subject the MERCHANT to immediate suspension or termination, and all funds of MERCHANT, including those in MERCHANT’S account, may be placed on hold or charged back to MERCHANT. SOFTWARE. MERCHANT shall utilize a payment gateway (shopping cart) that Paya-EF'T has proviously authorizéd for processing all electronic check transactions: (a) MERCHANT is responsible for all telecommunication fees and charges, including but not.fimited to telephone fees, associated with and related to the use ‘of the payment gateway and/or any related software costs/exponses; (b) MERCHANT shall maintain all :hardware/software necessary for electronic check processing, including necessary file servers; payment gateway, and computer telecommunications equipment in good working order at MERCHANT's sole expense, (c) MERCHANT shall advise Paye-EFT immediately in thé event of a security breach or breakdown - of related equipment, electronic check software problems; and/or arly other system failure. (d) MERCHANT acknowledges that Paya-EFT is not responsible for any related Internet or computer and teleconimiinications equipment.used by the MERCHANT, MERCHANT also acknowledges that Paya-EFT solely-functions as the procéssor and assumes no liability in the performance of MERCHANT’s payment gateway. this regard, Paya-EFT shail hot be responsible for any tinauthorized tainpering ot altering to Sofware specifically installed by Paya-EFT 's agent: Paya-EFT’s. approval of equipment and/or software, including without limitation payment gateway softwate, does not constitute an ~ on the-part. the MERCHANT: or MERCHANT express or implied warranty, representation or endorsement of such equipment and MERCHANT accepts responsibilityfor selection and compliaace ofwithsuchthe a Rules of such equipment and/or software, In the event of a security breach of MERCHANT’s records or payment gateway, MERCHANT is required to notify Paya-EFT immediately breach, and to provide as much * + information as iiay be fequired to allow Paya-EFT.to dot a0sofdingly.to protect Paya-EFT’s légal rights and responsibil MERCHANT fuither agives to immediately remove and properly dispose of Paya-EFT's previous: version releases of ariy related softwaro-and to utilize the most current software version releases upon receipt of such froni Paya“EF'T. In the eyent of >= ce termitation, MERCHANT shall immediately and unconditionally remove all software related to Paya-EF'T services al MERCHANT’s expensé,.-"2 DATA RETENTION:. VERIFICATION AND SECURITY-REQUIREMENTS, Mercharit agrees to complete all transactions in accordance with the provisions of this Agreement, the Rules hed by Paya-EFT from, time to tiine. Merchant shall retain data on file ‘adequate to ‘permit remaking of Entries for' seven (7) banking days - ‘FT as provided herein, and shall provide such data.io Paya-EFT upon its request MERCHANT shall reiain all records related to authorization. f Jess thai ears following MERCHANT ’s recoil of a customer's ‘payment authorization revocation. Merchant represents and warrants that it shall ensure that the financial information i is protected by security practices and procedures’ that include (i) physical security to protect against theft; tampering or daniage, (i) porsorinel and access controls to protect against imauthorized access and use, (iil) nelwork security to ensure secure capturé, storage aud distribution, (iv) at least 128-bit RC4 encryption technology, (v) commercially reasonable fraud detection systems, (vi) procedures to verify routing numbérs and authenticate consumer identity, and proéedures to establish credit-worthiness and exposure limits for its custoniers, and (vii) MERCHANT’s payment gateway must clearly notify the customer that they are initiating an ACH debit authorization and MERCHANT’s authorized payment’gateway shall obtain a customer authorization in the form.of an electronically. signed ACH authorization or similarly authenticated (unique security. code or PIN) in accordance with the Rules that clearly demoustrates the customer's assentto authorization for each transaction submitted for electronic processing, Merchants are required to retain the original ‘authorization or copy of the original authorization in ifs original form that can be reproduced upon request. NACHA does.not accept proof of an authorization as being a listing of the information captured at.time of authorization: The following minimum information must be included in the authorization record: consumer IP address of origination, consumer name , consumer address, transaction amount, transaction effective date, consumer e-mail address (optional; industry recorumended best practice), website where, payment, was accepted , signifying whether authorization is for a single or récurring/multiple debits, and debit schedule if 4 phone recwtring/multiple, consumer banking information,-statement of how the. consumer's identity was authenticated. Additionally, Merchant's website must provide the consumer with number for inquiries or authorization revocation. Merchant agrees that it shall conduct or have conducted annual audits to ensure that the financial information it obtains fron ifs customers is protected by security practices and procedures that include, at a minimum level, the practices set forth in (2) through (ii), hereinabove. MERCHANT or MERCHANT'S 3rd party software via provider shall cooperate with Paya-EFT to test MERCHANT" Internet payment gateway and for any ongoing support issues. In all cases, CUSTOMER will provide check information Internet and MERCHANT’s payment gateway. Merchant must obtain the customer’s authorization in accordance with the Rules thatcléarly demonstrates the customer's asseritto aiithorization prior to initiating the ACH debit. In addition, if customer is providing recurring payment authorization, customer must be notified with the method to revoke its authorization, All items, goods and services purchased in a single transaction shell be included in the total amount on a single ACH authorization. receipt and all entries must contain the correct customer bank routing, all applicable state, federal of local account, and check numbers, MERCHANT’s correct namic and telephone nuinber; the date of the transaction, the total cash price of the sale (inchiding surcharges and taxes) or the amount to be charged if.a partial payment is mado in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made, Customer’s personel information including but not limited to CUSTOMER’s full name, address, telephone number, driver's license state and number, and a disclosure statement that CUSTOMER understands he/she is authorizing MERCHANT to process an ACH debit entry to the CUSTOMER’ account and that if the ACH debit entry is returned unpaid, a fee of $25.00 or as allowable by law may be charged to CUSTOMER’s account, After customer authenticates the entry, MERCHANT’s payment gateway must prompt the consumer to print the authorization and to retain.a copy and no transaction may be altered after Paya-EFT anthorizes acceptance of the ACH transaction, MERCHANT may. ‘not resibmit the transaction electronically or deposit the original source document by any means, once Paya-EF'T authorizes a transaction, Failure to comply with the above requirements will, in addition to other penalties, subject MERCHANT to chargebacks or withholding of funds aud may be grounds for immediate suspension/tenmination of services. MERCHANT ACKNOWLEDGES AND UNDERSTANDS THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK. ACCOUNT WITHOUT ACCOUNT HOLDER'S EXPRESSED AUTHORITY, MERCHANT HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT, FICTITIOUS, LOST, STOLEN, OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWEULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A $10,000 FINE PER INSTANCE UP TO A $500,000 MONTHLY FINE, IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH. IT IS SPECIFICALLY UNDERSTOOD BY MERCHANT THAT ANY TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY MERCHANT AFTER MERCHANT HAS RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF ACH TRANSACTION (S) OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE. IN THE EVENT OF SUCH A VIOLATION, MERCHANT AGREES AND WARRANTS TO HOLD Paya-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE Paya-EFT FOR THE TRANSACTION (S) WITHIN 24 HOURS OF SAID OCCURRENCE. IF MERCHANT REFUSES OR IS UNABLE TO REIMBURSE Paya-EFT FOR ANY SUCH OCCURRENCE, IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE MERCHANT IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW, AND Paya-EFT WILL PURSUE ALL LEGAL, CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY. CUSTOMER’s, AUTHORIZATION INITIATES DEBIT ENTRY, MERCHANT acknowledges that the customer's authorization allows MERCHANT to instruct Paya-EFT to initiate an BLECTRONIC ACH TRANSACTION DEBIT ENTRY (“ENTRY") for MERCHANT against customer, It further permits Paya-EFT to reinitiate an ENTRY where the original ENTRY is returned and to assess a collection fee against CUSTOMER. All such collection fees shall be the sole property of Paya-EFT. Paya-EFT shall be entitled to multiple re-presentavents and beto assess a transaction fee as set forth on the Application against MERCHANT for each re-presentment. If an electronic check is returned unpaid after each re-prosentment, Paya-EFT shall entitied to debit the MERCHANT’S account for the amount of the electronic check, 7. RESTRICTIONS ON ACCEPTANCE OF ELECTRONIC CHECKS FOR ELECTRONIC PROCESSING, From time to time, Paya-EFT shall establish necessary security and identification REVO5152023 Page 8 of 11 4143-1053-4164.4 PLEASE NOTE: The complete Merchant Agreement includes these Terms and Conditions and the Application on three (3) additional pages. 37048-2