6.4 ERMUSR 09-13-2005 - Laserfiche WebLink

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I e.service®GATEWAY AGREEMENT 4 THIS AGREEMENT is made and entered as of the date that the last party to the agreement executes it between VANCO SERVICES,LLC("Vanco")and ("Company"). IRECITALS: services provided to Company pursuant to this Agreement, shall be paid by Company by a debit entry regardless of A. Vanco provides services to its customers pursuant to whether such taxes or fees are added to the invoice which I various e.service®programs,and Vanco provides to Company, and regardless of when such B. Company desires to purchase "e.service® Gateway" from taxes or fees are determined to be due and owing. The Vanco pursuant to the terms and conditions of this Agreement. Program Charges are small in relation to the amount of the I Vanco and Company hereby agree as follows: funds processed by Vanco. The Program Charges have been established based upon the limitation of liability set forth in Paragraph 7. 1. e.service® GATEWAY. e.service® Gateway includes I services whereby Vanco receives payments made by 5. COMPANY WARRANTIES. Company hereby warrants customers of Company where customers have utilized one of as follows: several bill payment services or bill collection agents. By a. That it will post payments to its customer's account on the utilizing e.service® Gateway, Company will receive payment day it receives payment data from Vanco, if possible, but I data electronically and payments from Vanco by ACH Credit in any event no later than one (1) business day after the to Company's Account at its financial institution. "ACH"is a date of transmission of such data; reference to the Automated Clearing House Network for b. That if a customer's payment is late by reason of the fact transmission of payments. that the payment was not timely posted in accordance I with Subparagraph a above, Company may not charge its 2. COMPANY DUTIES. Company agrees to comply with all customer any late fee; of the rules and procedures of Vanco pertaining to e.service® c. Company shall notify Vanco of any payment which has I Gateway ("Client Procedures"). The Client Procedures may be amended from time to time by Vanco. The Client not posted within three (3)business days after the date of receipt of payment data;and Procedures, including all amendments, are hereby made a part d. No payment received from Vanco may be returned unless of this Agreement and are incorporated herein by reference. such payment is incorrect, incomplete, not identifiable or IDCompany acknowledges that it has received a copy of the the account was blocked or closed prior to the time that Client Procedures. Company will be bound by any the payment was received by Company. amendments to the Client Procedures seven (7) days after receipt of the amendments. 6. COMPANY LIABILITY AND INDEMNIFICATION. I Company shall be liable for all damages which Vanco suffers 3. VANCO DUTIES. Without limiting or restricting any of by reason of Company's breach of any of its warranties set the Client Procedures,Vanco shall have the following duties. forth in Paragraph 5 of this Agreement or by reason of any a. Vanco will electronically transmit payment data to other representation made by it in this Agreement. Company Company the same day it receives the data from the bill hereby indemnifies and holds Vanco harmless from all claims, payment services or bill collection agents. damages and causes of action which may be asserted against b. Vanco will pay Company by an ACH credit to Vanco by reason of Company's breach of said warranties. In I Company's account at its financial institution ("Company's Account") the next business day after it no event shall Company be liable for any consequential, special,punitive or indirect loss or damage. receives funds from the bill payment services or bill collection agents. A business day means a calendar day 7.VANCO LIABILITY. Vanco shall be responsible only for I other than a Saturday,Sunday or Federal holiday. performing the services expressly provided for in this c. Vanco will timely process any returns received from Agreement and shall be liable only for material losses directly Company by Vanco making an ACH debit to Company's resulting solely from its intentional misconduct in performing Account. Returns will be made when Company rejects a those services. Except for an obligation to account for all I payment that is incorrect, incomplete, not identifiable, or funds which it receives from Company's customers, Vanco the account was blocked or closed prior to the time that shall not have any liability for failing to perform, for delay in the payment was received by Company. performing, or for negligently performing any services I pursuant to this Agreement and shall have no liability for any 4. PROGRAM CHARGES AND TAXES. Company agrees consequential,special,punitive or indirect loss or damage. to pay Vanco monthly for e.service® Gateway by an ACH debit to Company's Account or from such other financial 8. TERM. This Agreement shall continue in effect unless account as is designated by Company for the Program terminated by either party upon ninety (90) days written Charges. Said Program Charges, which Company notice. Provided however, that in the event that Vanco acknowledges receiving from Vanco, may be modified at any determines that Company has consistently failed to fulfill its time upon prior written notice. Any taxes or fees,except taxes obligations to timely post payments and to timely make based upon income, imposed by any federal, state, municipal returns or in the event that Vanco attempts to make a debit to or other governmental authority that may be applicable to the Company's Account pursuant to Paragraph 4 or a debit for a Effective 01/01/05