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1 <br /> Official Payments Corp. <br /> ' GOVERNMENT SERVICES AGREEMENT 5 <br /> This Agreement is made and entered into this 13 day of June,2000,by and between Official Payments Corp.a Delaware corporation(hereinafter <br /> referred to as"OPC"),and Orange County,(hereinafter referred to as"GOVERNMENT ENTITY"). The term"OPC"shall refer to the company,its <br /> employees,its agents,and its subcontractors. <br /> In consideration of the mutual understandings herein contained,GOVERNMENT ENTITY and OPC agree as follows: <br /> 1. DEFINITIONS <br /> The following terms will have the following meanings: <br /> A. "Card"means an unexpired and valid credit transaction card bearing the service marks of VISA, MasterCard, American Express or <br /> Novus/Discover Card Services,or other service marks as mutually agreed upon by GOVERNMENT ENTITY and OPC. <br /> B. "Cardholder"means the person whose name is embossed on the Card,and whose name also appears signed on the reverse side. <br /> C. "Charge Back" means a reversed or rejected Card Transaction or a Card Transaction in which the Cardholder or the Card Issuer <br /> questions or disputes the validity of a transaction posted to a Cardholder's account. <br /> D. "System"means the Official Payments Corp.processing system or systems. <br /> E. "Card Transactions"means those transactions generated by Cardholders via the System and for the purpose of Cardholders making <br /> payments of fines,fees,and/or taxes to GOVERNMENT ENTITY. <br /> F. "Convenience Fees"means the fees charged to a Cardholder, in addition to the amount to be paid to GOVERNMENT ENTITY, for <br /> the convenience that the Cardholder gains by utilizing the System. <br /> 2. SCOPE OF AGREEMENT <br /> A. Pursuant to this Agreement,the obligations of OPC are: <br /> 1) To settle GOVERNMENT ENTITY'S Card Transactions to the appropriate Card associations,Card networks and Card issuers. <br /> 2) To pay GOVERNMENT ENTITY the gross amount of its Card Transactions, including the Cardholder's Convenience Fees. <br /> OPC will have the right, on a monthly basis, to invoice GOVERNMENT ENTITY for all Convenience Fees paid to <br /> GOVERNMENT ENTITY. <br /> 3) To provide processing services for the purpose of accepting various Cards as agreed to by both parties. OPC shall provide for <br /> the acceptance of fines,fees,taxes and/or other obligations owed to GOVERNMENT ENTITY. <br /> 4) To store and retrieve Card Transactions for a minimum of thirty-six (36)months from the transaction date. This responsibility <br /> shall survive the termination of this Agreement. <br /> 5) To electronically transmit all Card Transactions to the designated processing center, in real time, as the transactions occur. <br /> The System will balance and reconcile each day's electronically captured transactions on a daily basis. The System will,when <br /> necessary as a result of such reconciliation,process all appropriate adjustments. <br /> 6) To clearly disclose Convenience Fees to Cardholders prior to completing the Card Transactions. <br /> 7) To cause an authorization code to be obtained on every Card Transaction. <br /> B. Pursuant to this Agreement,the obligations of GOVERNMENT ENTITY are: <br /> 1) GOVERNMENT ENTITY will adhere fully to the rules and regulations of the various Card associations,Card networks and Card <br /> issuers. <br /> 2) GOVERNMENT ENTITY will not impose any surcharges on Card Transactions made under this Agreement. Convenience <br /> Fees,assessed by OPC,are permitted for those Card Transactions that are processed via the System. <br /> 3) GOVERNMENT ENTITY will not require a Cardholder, as a condition for honoring a Card, to agree in any way to waive the <br /> Cardholder's rights to dispute the transaction with the Card issuer. <br /> 4) Prior to including any Cana specific logos or marks in any signs or in any printed and broadcast materials, GOVERNMENT <br /> ENTITY will obtain written approval for such usage from OPC. <br /> 5) GOVERNMENT ENTITY will establish and maintain a reasonable adjustment policy to accommodate adjustments that are <br /> required in the normal course of GOVERNMENT ENTITY'S daily operation. GOVERNMENT ENTITY may restrict its <br /> adjustment policy, provided that a proper disclosure of such restriction is made to Cardholder at the time that the Card <br /> Transaction takes place. Proper-disclosure may not include any statement that in any way waives a Cardholder's right to <br /> dispute the transaction with the Card issuer. <br /> Official Payments Corp.,Stamford,CT <br /> Page 1 <br />