07-142 - Official Payments Corporation - Electronic Payments for the Court

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2.2.4 Agency authorizes OPC to debit the Agency Designated Account in connection with (i) any "reversed" Card transaction that is approved by an authorized representative of Agency and Official Payments, and (ii) any "Chargeback" Card transaction that is initiated by a Citizen and approved by an authorized representative of OPC and the Card company. OPC shall refund to the Citizen the corresponding Convenience Fee. The Agency agrees that it shall not refund in cash to a Citizen any Agency Payment made by a Citizen using OPC Services. 2.2.5 OPC shall forward Agency Payment Transactions to the appropriate Card organizations for settlement to the Agency Bank Account. OPC shall retain all Convenience Fees collected by it hereunder. In the event that OPC is unable to collect all amounts owed by Agency hereunder through debiting the Agency Bank Account, Agency shall promptly pay all owed amounts to OPC in immediately available funds. 2.2.6 OPC will confirm the dollar amount of all a Citizen's Agency Payment and the corresponding convenience fees to be charged to his /her Card and obtain the Citizen's approval (electronic or otherwise) of such charges prior to initiating credit authorizations. 2.2.7 OPC will provide Citizens with electronic confirmation of Card transactions. 2.2.8 For authorization purposes, OPC will electronically transmit all Card transactions to the appropriate Card processing center, in real time as the transactions occur. 2.2.9 OPC will retain Card authorization logs and transaction records for such period of time as required by applicable law and the regulations of the respective Card organizations. 2.2.10 OPC will arrange for a unique line merchant descriptor for the Agency Payment that references the name of Agency and arrange for a separate unique line merchant description for the Convenience Fee that references Official Payments and the nature of the fee. 2.2.11 OPC will provide Agency with logos, graphics, and other appropriate marketing materials for Agency's use in its communications with Citizens. 2.2.12 OPC will provide Agency with reports summarizing use of the Services by Citizens for a given reporting period. 3. AGENCY OBLIGATIONS. Agency obligations include the following: 3.1 Agency Electronic Check Obligations. 3.1.1 STP Transactions. Agency understands that STP transactions take place on the Agency website without link to the OPC web page. Accordingly, Agency shall obtain and retain all records related to the initiation and authorization of transactions, including all digital (click -wrap) or written authorizations for OPC to collect and /or initiate transactions utilizing the OPC System. Digital (or, if applicable, written) copies of such records shall be delivered by Agency to OPC within fifteen (15) days of written request by OPC and shall otherwise be retained by Agency for a period of at least two (2) years following the date of the transaction. Agency shall be liable to OPC for any and all liabilities, claims, costs, expenses, reimbursement obligations, fines and penalties which arise in connection with a failure to timely secure and produce such records, authorization agreements or receipts in accordance with applicable laws and regulations, inclusive of NACHA rules and regulations. Agency shall (i) incorporate the OPC standard disclaimers into its website, (ii) present such terms to each citizen for viewing, (iii) allow citizens to print the terms for their records, (iv) require the citizen's affirmative electronic or written agreement to the disclaimer terms prior to submitting the Payment Transaction, (v) keep written record of the citizen's agreement to the disclaimer terms. OPC may change its standard disclosures from time to time with written notice to Agency, and Agency shall incorporate such changes into the disclaimers within five (5) business days after its receipt of such changes from OPC. Agency agrees to comply with the PCI security specifications attached as Exhibit C to this Agreement, which are incorporated by reference and made a part of this Agreement. 3.1.2 If Agency is using Co- Brand, Co -Brand Plus, or STP application; Agency shall take all reasonable security precautions within its system, hardware and software to prevent unauthorized or fraudulent use of the OPC System by Agency, Agency employees and agents, and Citizens. OPC may, but shall not be required to, assign to Agency one or more identification numbers or passwords for Agency's use in obtaining the Services. Once such identification number(s) or password(s) have been delivered to Agency by OPC, the use and confidentiality of such numbers and /or passwords shall be the sole responsibility of Agency. 3.1.3 With respect to all Chargebacks the Agency must allow direct debiting of the Agency's Designated Account for the amount of Agency Payments previously settled into the Agency Designated Account. OPC Proprietary and Confidential Page 3 513012007