Orange County NC Website
DocuSign Envelope ID: B4D9BEED- F7D1- 45E2- BDC4- 3857401A2AB3 <br />TRUST COMMERCE" <br />SAFEGUARDING DATA. POWERING PAYMENTS.. <br />Client Services Agreement <br />TC CSA 2017 09 <br />data, graphics, text, video, music or intellectual property which either form a part of Client's website, are in any way or manner <br />incorporated into Client's website, are provided by Client to its customers or those accessing Client's website or are otherwise <br />used or utilized by Client in its advertising or promotion through any medium available. <br />(b) Establishing and maintaining appropriate and necessary integration between Client's systems and TC Services including, but not <br />limited to, delivering the required data to Company's server(s) and ensuring that the data to be transmitted in conjunction with <br />TC Services is accurate and in the format required by Company. <br />(c) Client acknowledges that the integration and development described in this Section may require Client or Client's Internet <br />service provider ( "ISP ") to use the services of a third party such as a web developer. Client hereby authorizes Company to work <br />with Client's designated third party to implement TC Services contracted for under this Agreement. <br />(d) Establishing and maintaining (i) an appropriate merchant account with a bank and (ii) a relationship with one or more <br />Processor(s) that is compatible with the TC Server. <br />(e) Supplying Company with identification and account information sufficient to enable Company to establish and maintain a <br />connection to the Processor(s). <br />(f) Establishing and implementing a connection to the TC Server. Client is solely responsible for testing this connection and <br />ensuring that its system is generating correct Payment Messages and receiving correct responses. When Client is satisfied that <br />its testing is complete and successful, it must notify Company in writing or by email of its request to initiate TC Services. <br />(g) Managing its business and the transactions resulting from that business including, but not limited to, all business involving its <br />merchant account, customer support, reconciliation of its merchant account, and processing of its charge backs, returns and all <br />other transaction types. <br />(h) Ensuring that it is in compliance with the terms and conditions of Client's bankcard agreement issued by Client's bank or other <br />financial institution. <br />(i) Ensuring that it is in compliance with all state, federal and local laws, rules, regulations and mandates in regards to additional <br />transaction fees charged by Client, other than those associated with the cost of goods or services, including but not limited to <br />convenience fees and surcharges. Additionally, Client will be responsible for ensuring that it is in compliance with all brand, <br />processor, acquirer and partner mandates and prohibitions in regards to any additional transaction fees charged by Client as <br />specified above. Whereas Company extends general payment acceptance interfaces available, it does not necessarily enforce <br />all applicable laws, rules, regulations and mandates that govern the industry. As such, it remains the responsibility of Client to <br />comply with said laws, rules, regulations and mandates. <br />(j) Client acknowledges that they are solely responsible for the maintenance and security over its systems including any PCI data <br />maintained or passed by its systems to Company's systems. <br />(k) If Client is provided an encryption key, Client agrees that the key is to be treated as Confidential Information and agrees that <br />Company is the sole owner of the encryption key. Passing the encryption key on to third parties is strictly forbidden. Client <br />agrees to be in compliance with the audit specifications established by the American National Standards Institute's (ANSI) <br />Technical Report 39 (TR -39) and PCI PIN Transaction Security (PTS) standards to protect the encryption key, and will not use the <br />encryption key unless such standards are in place. Client is not permitted in any way to decompile, reverse engineer, or <br />segregate out any component of the encryption key, nor make such encryption key accessible to third parties other than as <br />provided for in a Licensing Agreement signed by both Parties. Client is not allowed to install by way of injection the encryption <br />key to any POS Devices without Company's express written consent. <br />(1) Client represents and warrants that Client will only provide the following data to Company: payor /cardholder name; <br />transaction (order) ID; credit card number; credit card expiration date; checking account number (if applicable) and transaction <br />dollar amount. Company does not require any additional data to process a payment transaction. In the event Client provides <br />any unauthorized data, including any protected health information (PHI), Client agrees to be responsible for any damages to <br />Company resulting from any claims, demands, liabilities, fines or penalties imposed on Company due to the provision of <br />unauthorized data. <br />TrustCommerce 1 1 MacArthur Place, Suite 400 1 Santa Ana, CA 92707 -5927 Initials: <br />Tel 800.915.1680 Fax 949.266.0359 P a g e 1 3 <br />Info @TrustCommerce.com I www.TrustCommerce.com <br />