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DocuSign Envelope ID: B4D9BEED- F7D1- 45E2- BDC4- 3857401A2AB3
<br />i RU i OMMIERCEm
<br />SAFEGUARDING DATA. POWERING PAYMENTS.
<br />Client Services Agreement
<br />TC CSA 2017 09
<br />(m) Client represents and warrants that they will only enter and /or transmit Primary Account Number (PAN) data to the
<br />appropriate fields as represented within the TrustCommerce guides and specifications. Company expressly precludes the entry
<br />and /or transmission of any PAN data, encrypted or not, in any field not designated for such information by Client. Client agrees
<br />to be responsible for any damages to Company resulting from any claims, demands, liabilities, fine or penalties imposed on
<br />Company due to such entry and transmission.
<br />7. LIMITATIONS
<br />(a) Client acknowledges that Company is responsible only for providing Client with data transmission and is in no manner
<br />responsible for the results of any credit inquiry, the operation of Client's website(s) or systems, or the actions or inaction of any
<br />third party or entity, including but not limited to any bank, processor, financial institution or network, telecommunications
<br />carrier, third -party software developer or ISP.
<br />(b) Company will use best efforts to provide the highest industry level security for TC Services. Company, however, does not
<br />guarantee the security of TC Services, and Client acknowledges and agrees that Company shall not be responsible in the event
<br />of any infiltration of its security systems.
<br />(c) Client acknowledges that in providing TC Services, Company will necessarily rely upon information, instructions and services it
<br />obtains from Client, its employees, agents, financial and credit institutions, and other third parties. Client fully assumes any and
<br />all risk associated with errors in the substance and /or transmission of such information, instructions and services, provided that
<br />Company has accurately transmitted data and /or complied with authorized instructions in providing TC Services.
<br />(d) Client acknowledges and agrees that the terms and conditions of its relationship with its Processor(s) and financial institution(s)
<br />will be determined solely by Client and those entities, and will not necessarily reflect or incorporate terms that Company may
<br />have separately and independently negotiated with the Processor(s) or financial institution(s) including, without limitation, any
<br />inter -bank exchange rates or fees charged by the Processor(s) or financial institution(s).
<br />(e) Client acknowledges that under the terms of this Agreement Client will be granted access to utilize Company's gateway
<br />processing software and all other technologies required to support the transactions conducted with Company's software. This
<br />software, the user interface, technologies, methodology and all associated intellectual property are exclusively the property of
<br />Company. Client has no rights or interests in Company's software. Upon termination of this Agreement, any intellectual
<br />property acquired by Client as a result of their relationship under this Agreement will be returned to Company or destroyed, to
<br />the extent permitted by North Carolina law.
<br />(f) Client acknowledges that Company is solely providing a hosted payment processing solution, and all representations and
<br />warranties made by Company are in relation to the performance of that solution, and not the validity of the data and
<br />transactions that Client may process through this solution. Other than those expressed warranties contained herein, Company
<br />makes no representations and warranties regarding Client's use of TC Services and Client's compliance with: Federal, State and
<br />Local laws and regulations; Government Agency rules and regulations including those enforced by, but not limited to, the
<br />Federal Trade Commission, U.S. Department of Health and Human Services and the Department of Justice; any bank
<br />regulations, card issuing organizations, brand, processor, acquirer and partner mandates; and those specific transactional
<br />terms agreed to by the card holder and Client authorizing the charge against Client's customer account. Client further
<br />acknowledges that Company assumes no responsibility for the validity of the data and transactions. Client agrees to be
<br />responsible for damages to Company resulting from Client's misuse of the payment processing solution.
<br />8. WARRANTY LIMITATIONS
<br />COMPANY DOES NOT PROVIDE ANY GOODS UNDER THIS AGREEMENT, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
<br />COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ALL SERVICES AND OBLIGATIONS PROVIDED
<br />HEREUNDER, AND ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
<br />TITLE OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. CLIENT ACKNOWLEDGES THAT COMPANY HAS NOT
<br />REPRESENTED OR WARRANTED THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY. CLIENT MAY NOT
<br />RELY UPON ANY ORAL REPRESENTATION AND /OR WARRANTY MADE CONCERNING THE SERVICES.
<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 14
<br />Info @TrustCommerce.com I www.TrustCommerce.com
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