Merchant Credit Card Processing Application

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Merchant Business Information



DBA Information


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Business Profile



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“Merchant Application” means this merchant
application is between First Class Processing (“ISO) and any of its
affiliates, including, but not limited to Wells Fargo Bank, Pivotal Payments, and Total Merchant Services.

“Merchant Agreement” means this Merchant
Application once approved and accepted by First Class Processing, and,
or any of its affiliates, together with the Terms and Conditions of the
Merchant Agreement found at "/mba">www.firstclassprocessing.com/mba

Member Bank Information: Merrick Bank, 135
Crossways Park Drive North, Suite A, Woodbury, NY 11797 * Phone (800)
267-2256 Fax 516-576-8741

Important bank responsibilities:

  1. Wells Fargo Bank is the only entity approved to extend acceptance
    of Visa products directly to a merchant.
  2. Merrick Bank is responsible for educating Merchants on
    pertinent Visa operating regulations with which Merchants must
    comply.
  3. Wells Fargo Bank, not the ISO, must hold, administer and control
    all reserve funds derived from settlement.
  4. Wells Fargo Bank, not the ISO, must hold, administer and control
    settlement funds for the Merchant.
  5. Wells Fargo Bank must be a principal (signor) to the Merchant
    Agreement.

Important Merchant Responsibilities:

  1. Complying with cardholder data security and storage
    requirements.
  2. Maintaining fraud and chargebacks below established
    thresholds.
  3. Reviewing and understanding the Merchant Agreement, located at
    the above internet address.
  4. Complying with Visa’s operating regulations.

The responsibilities listed above do not supersede terms of the
online Merchant Agreement and are provided to ensure the Merchant
understands some important obligations of each party and that the Visa
Member- Merrick Bank – is the ultimate authority should the Merchant
have any problems.

MERCHANT APPLICATION AND AGREEMENT ACCEPTANCE

By executing this Merchant Application and Agreement on behalf of
the merchant described in this digital application (Merchant), the
undersigned individual (s) represent (s), warrant (s), and acknowledge
(s) that: (i) All information contained in this Merchant Application
(“Application”) is true, correct and complete as the date of this
Application; (ii) If the Merchant is a corporation, limited liability
company, or partnership, , the individual (s) executing this
Application have the requisite legal power and authority to complete
and submit this Application on behalf of the Merchant and to make and
provide the acknowledgements, authorizations and agreements set forth
herein on behalf of the Merchant and individually; (iii) The
information contained in this Application is provided for the purpose
of obtaining , or maintaining, a merchant account for the Merchant with
the Member Bank and ISO (“Bank”) and BANK will rely on the information
provided herein in its approval process and in settling the applicable
Discount Rate, Approved Average Ticket, and Approved Monthly Payment
Card Volume; (iv) BANK is authorized to investigate, either through its
own agents or through credit bureaus/agencies, the credit of the
Merchant and each person listed on the Application; (v) BANK will
determine all rates, fees and charges and notify Merchant if the
approved fees and by the Merchant’s submission and acceptance of the
Merchants first settled transaction; Merchant agrees to pay such
approved fees, including those fees listed at section 5.07 the attached
Merchant Agreement; (vi) The Merchant Agreement will not take effect
until Merchant has been approved by BANK and a merchant number has been
issued to Merchant; and (vii) the Undersigned has read and understood
the Merchant Agreement, which is incorporated herein by reference and
agrees on behalf of the Merchant to be bound by the terms of such
Merchant Agreement. The Merchant on whose behalf this Application is
being submitted acknowledges that if this application is being
submitted to Merrick Bank as the Member bank or any of First Class
Processing’s affiliates, ISO is also a party to this Merchant
Agreement. In such case, Merchant acknowledges that ISO, First Class
Processing, or any of its affiliates, will rely on the representations
and warranties set forth in this Application for Merchant Agreement and
unless otherwise specified or prohibited by Association or applicable
law, ISO will have all the rights of Merrick Bank or any of its
Affiliates under this merchant Application and Agreement.

You have the option of accepting MasterCard credit cards, Visa
credit cards, credit cards issues by Discover , MasterCard signature
debit cards (Master Money Cards) or Visa Signature debit cards (check
cards) or debit cards issued by discover, and Visa card types.

Merchant acknowledges having read and agreed to the terms
and conditions of the online merchant Agreement found at

www.firstclassprocessing.com/MBA . If
Merchant was unable to access such online agreement, Merchant
acknowledges having been provided a copy by ISO, and having read and
agreed to same.

IMPORTANT INFORMATION ABOUT PROCEEDURES FOR OPENING A NEW
ACCOUNT:
To help the government fight the funding of terrorism
and money laundering activities, Federal law requires all financial
institutions to obtain, verify, and record information that identifies
each person who opens an account. What this means for you: when you
open an account, we may ask you for information that will allow us to
identify you, including a copy of your driver’s license or other
identifying documents.

Personal Guarantee Provision- Personal
Guarantor

By accepting these terms, each individual or entity (“Guarantor”)
jointly and severally (if there is more than one Guarantor) and
unconditionally guarantees to ISO and BANK the prompt payment and full
and complete performance of all obligations of the Merchant identified
under the Merchant Agreement, as amended from time to time, including,
without limitation, all promises and covenants of the Merchant, and all
amounts payable by the Merchant under the Merchant Agreement,
including, without limitation, charges, interest, costs and other
expenses, such as attorney’s fees and court costs. This means, among
other things, that ISO or BANK can demand performance or payment from
any Guarantor if the Merchant fails to perform any obligation or pay
what the Merchant owes under the Agreement. Each Guarantor agrees that
his or her liability under this guaranty will not be limited or
cancelled because: (1) the Merchant Agreement cannot be enforced
against the Merchant for any reason, including, without limitation,
bankruptcy proceedings; (2) either ISO or BANK agrees to changes or
modifications to the Merchant Agreement, with or without notice to the
Guarantor; (3) ISO or BANK releases any other Guarantor of the Merchant
from any obligation under the Merchant Agreement; (4) any law,
regulation, or order of any public authority affects the rights of
either ISO, Merchant, or BANK under the Merchant Agreement; and/or (5)
anything else happens that may affect the rights of either ISO or BANK
against the Merchant or any other Guarantor, Each Guarantor further
agrees that: (a) ISO and BANK each my delay enforcing any of its rights
under this guaranty without losing such rights and hereby waives any
applicable Statute of Limitations: (b) ISO and BANK each can demand
payment from such Guarantor without first seeking payment from the
Merchant or any other Guarantor of from any security held by the BANK:
and (c) such Guarantor will pay all court costs, attorney fees, and
collection costs incurred by either ISO or the BANK in connection with
the enforcement of the Merchant Agreement or this Guaranty, whether or
not there is a lawsuit, and such additional fees and costs as may be
directed by a court. If the Merchant is a corporation or a limited
liability company, this Guaranty must be executed by a principal or
affiliate of Merchant. Guarantor agrees and acknowledges having read
the merchant Agreement found at "http://www.firstclassprocessing.com/mba">www.firstclassprocessing.com/MBA

POWER OF ATTORNEY

I do hereby make and grant a general power of attorney to First
Class Processing, and do thereupon constitute and appoint said
individual as my attorney-in-fact.

My attorney-in-fact shall act in my name, place and stead in any way
which I myself could do, if I were personally present, with respect to
the following matters, to the extent that I am permitted by law to act
through an agent for matters that are included in banking transactions,
records, reports and statements related to my credit card processing
account (s), included but not limited to the cancellation of previous
merchant service companies.

My attorney-in-fact hereby accepts this appointment subject to its
terms and agrees to act and perform in said fiduciary capacity
consistent with my best interests as he/she in his/her best discretion
deems advisable, and I affirm and ratify all acts so undertaken.

TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY
THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS
INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF
SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL
NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN
RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS,
EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY
AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL
CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD
PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT.

Free terminal Loaner Agreement

I understand that as long as I am processing electronic payments
through my merchant account with First Class Processing (FCP) I may use
the equipment listed above at no cost to me, except as regards
consumable items such as paper, ribbons or the like, which are my sole
responsibility to replace. I understand that if I cancel my merchant
account with FCP, I must return the above equipment (using a Return
Authorization provided by FCP) within 15 calendar days of my notice of
cancellation in good, clean, operational condition along with all
original parts, or I will owe FCP up to $499 for the equipment as then
determined by FCP, for which I agree my bank account will be
debited.

I understand that I do not own the above equipment, but that it is
my continuing responsibility to keep it maintained in good condition,
clean and free from abuse, and to keep it continuously connected to a
suitable surge protector. If my equipment fails in the first year after
date of shipment due to causes covered by the manufacturer or supplier
warranty, FCP will (at its sole option) repair or replace the equipment
free of charge. After said first year, I understand it is my sole
responsibility to have the equipment repaired or replaced at my
expense. I agree to pay all shipping and handling costs necessary under
this agreement.

I authorize my bank to debit my account to the terms stated here.
This authorization shall remain in effect until the Service Provider
and bank receive written notification from me of intent to terminate at
such time and in such manner as to afford the service provider and bank
reasonable opportunity to act (Minimum 30 days). I understand that if
my payment is rejected by my bank, I will be liable to pay an NSF fee
of $25.00 (or the amount allowable by law), which may be automatically
debited for each NSF.