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

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3.1.4 Other than permitting OPC to charge the Convenience Fees in accordance with this Agreement, Agency will not impose any surcharge or penalty on electronic check transactions made by Citizens under this Agreement. 3.1.5 If Agency requests a customized reporting format, Agency shall provide OPC with its desired reporting format sufficiently in advance of the requested report delivery date. Customized reporting formats require OPC's prior written approval. 3.1.6 Agency will not require, as a condition to making an Agency Payment, that a Citizen agree in any way to waive such person's rights to dispute the transaction with their banking institution for legitimate reasons. 3.1.7 Subject to the restrictions of the section entitled "Intellectual Property Agency will actively promote the Services to its Citizens at its own expense. These promotions shall include publishing the relevant URL for the Official Payments Website and relevant telephone number (as applicable) on all tax instruction booklets, tax preparer communications, taxpayer information publications, citations and notices, and all related marketing materials. Agency will obtain OPC's consent prior to publishing any materials that reference the Services or OPC, and Agency agrees to incorporate all reasonable changes requested by OPC into any of the marketing materials to ensure (i) the correct usage of the OPC trademarks and logos, (ii) the accuracy of the content, and (iii) reasonably acceptable graphics and presentation. 3.1.8 Agency shall be solely responsible, at their own expense, for acquiring, installing and maintaining all of its own equipment, software and data communication service, which is not a part of the OPC System. 3.1.9 Agency shall execute and deliver to OPC an ACH authorization agreement in the format provided by OPC to authorize electronic payments /debits to and /or from the Agency Designated Account, and any other certificates, instruments or documents as required by applicable laws and regulations in order to consummate the transactions intended under this Agreement. Agency will maintain and comply with applicable NACHA rules and regulations on behalf of itself, its employees, agents and Citizens. 3.2 Agency Credit/Debit Card Obligations. 3.2.1 If required by the credit card organizations, Agency will enter into all applicable merchant Card agreements and fully adhere to the rules, regulations and operating procedures of the various Card organizations, including without limitation, with respect to the use of specific Card logos and marks. 3.2.2 Other than permitting OPC to charge the Convenience Fees in accordance with this Agreement, Agency will not impose any surcharge or other penalty on Card transactions made by Citizens for Agency Payments. 3.2.3 If applicable, Agency will provide OPC its desired reporting formats sufficiently in advance of the desired report delivery date. 3.2.4 Agency will provide to OPC all necessary documents and correspondence in connection with chargeback transactions or other similar refund transactions. 3.2.5 Agency will establish a reasonable adjustment policy to accommodate adjustments that are required in the normal course of Agency's daily operations. 3.2.6 Agency will not require, as a condition to making an Agency Payment, that a Cardholder agree in any way to waive such person's rights to dispute the transaction with the Card issuer for legitimate reasons. 3.2.7 Agency will promote the Services to its Citizens. These promotions shall include publishing the relevant telephone number and URL for the Official Payments Website on all tax instruction booklets, tax preparer communications, taxpayer information publications, citations and notices, as applicable, and all related marketing materials. Agency will obtain OPC's consent prior to publishing any materials that reference the Services and /or OPC. 4. FEES, TAXES, AND PAYMENTS. 4.1. Electronic Check Fees and Taxes. Agency shall pay OPC fees for Services in accordance with the rates set forth on Exhibit A "Fee Schedule which is incorporated into this Agreement by reference. OPC will charge Citizens a Convenience Fee for each Payment Transaction. The Convenience Fee is non refundable. The Convenience Fee is processed with the corresponding Agency Payment as a part of a unified transaction. Agency fees are calculated on a monthly basis and are debited from the Agency Designated Account monthly in arrears by OPC or its Suppliers. In the event that OPC incurs an increase in transaction processing fees, taxes or other increase in fees required by applicable law or government or association regulation during the term of this Agreement, OPC may pass through such charges to Agency. Agency fees are subiect to change by OPC after the initial term, upon thirty (30) days prior notice to Agency. Agency shall pay to OPC, and during the term of this Agreement and for sixty (60) days thereafter OPC (or its Suppliers) may debit from the Agency Designated Account, any other amounts owed by Agency under this Agreement, including, but OPC Proprietary and Confidential Page 4 513012007