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Official Payments Corp. <br />GOVERNMENT SERVICES AGREEMENT <br />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 tits 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 Cardholders 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 d7arged 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 Transadions.to the appropriate Card assoclations, Card networks and Card issuers. <br />2) To pay GOVERNMENT ENTITY the gross amount of its Card Transactions, including the Cardholders 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 acxeptance 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 reconclliation, process all appropriate adjustments. <br />6) To dearly disclose Convenience Fees to Cardholders prior to completing the Card Transactions. <br />7) To cause an authorization Dods 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 assodations, 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 />Cardholders rights to dispute the transaction with the Card issuer. <br />4) Prior to including any Card 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 polity 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 ~disdosure may not include any statement that in any way waives a Cardholders right to <br />dispute the transaction with the Card issuer. <br />Official Payments Corp., Stamford, CT <br />Page 1 <br />