NRT SmartCheck Check Cashing Services
Additional Terms and Conditions
NRT SmartCheck Check Cashing Services
| Index | |
| Account Reconciliation | See section 15(b) |
| Authorization Limits | See section 7 |
| Chargebacks | See section 12 |
| Compliance with Law | See section 14 |
| Definitions | See section 1 |
| DDA Warranty Transaction Requirements | See section 6 |
| ECA Authorization Receipt | See section 3(b) |
| ECA-Initiated Paper Transactions | See section 4 |
| ECA Services | See section 3 |
| Electronic Funds Transfer Processing | See section 15 |
| Equipment | See section 13 |
| Funding | See section 15(a) |
| Hardware | See section 13 |
| License | See section 17(a) |
| Notices | See section 8 |
| Originator Authorization and Agreement | See section 2 |
| Paper Services | See section 5 |
| Privileged Licenses | See section 14(b) |
| Processing | See section 16 |
| Returned Item Fees | See section 9 |
| Software | See section 13 |
| TeleCheck Materials, Use of | See section 17 |
| TeleCheck Marks, Use of | See section 17(b) |
| Third Party Check Warranty Services | See section 5.1 |
| Transaction Authorizations | See section 10 |
| Updating Information | See section 11 |
| Warranty Requirements for ECA Transactions | See section 3(a) |
1. Definitions.
“ACH Network” means the Automated Clearing House Network, a processing and delivery system that distributes and settles electronic fund transfers.
“Additional Terms” means these Additional Terms and Conditions as amended from time to time by NRT.
“Agreement” means the agreement between NRT and Customer under which NRT provides Customer with check cashing services and which includes these Additional Terms.
“Approval Code” means the indicator transmitted by NRT notifying Customer that NRT or its Vendor has authorized an Item for Warranty coverage in connection with a Warranty Transaction or a Consumer for acceptance into an applicable Customer’s Loyalty Program.
“Authorization” means the agreement provided (electronically or in writing) by a Consumer for each Warranty Transaction that authorizes processing the Warranty Transaction as an electronic fund transfer and is required by the NACHA Rules or other applicable Legal Requirements (as defined below).
“Available Cash Limits” means a component of the Services (defined below) offered by NRT to Customer whereby a Consumer customer of Customer may inquire and obtain quotes of cash available (subject to negative information and risk available to NRT) for a 6-day period of time following such customer’s inquiry. Available Cash Limits also provides balance availability during such 6-day period of time.
“Available Cash Limits Authorization” means authorization of total cash available to an inquiring Consumer of Customer for a 6-day period of time.
“Available Cash Limits Balance” means NRT’s advisement of balances remaining during the 6-day period covered
“Check Cashing Consumer” means a patron who presents a Third Party Check to a cashier for cashing.
“Claim” means any claim, demand, directive, suit or other proceeding, notice, damage, expense (including reasonable attorney’s fees), assessment, fine or liability of any kind.
“Consumer” means a person or entity that authorizes or presents an Item as payment for a transaction at a Customer Property.
“Consumer’s Account” means a demand deposit account maintained by Consumer at a US financial institution that Consumer uses in connection with the Services.
“Consumer Reporting Agency Pull” means a request for a consumer report to a nationwide consumer reporting agency in the United States that provides, in NRT or NRT’s Vendor’s discretion, reasonable predictors of the targeted Consumer’s likelihood to pay checks and check debt and does not negatively affect a Consumer’s credit score.
“Customer” means the entity which has contracted with NRT to receive check cashing services at one or more of that entity’s Gaming Establishments offering gambling and/or games of chance entertainment to the public within the U. S.
“Customer’s Account” means a demand deposit account maintained by Customer at a US financial institution that Customer opens in connection with the Services.
“Customer Property” means any casino or similar gaming location operated by or on behalf of Customer where NRT provides Services to Customer pursuant to the Agreement.
“DDA Warranty Transaction” means a transaction processed under services provided by NRT to Customer as an electronic funds transfer for cash back by a Registered Consumer, subject to the terms set forth in the Agreement.
“Disclosures” means all written disclosures, agreements and other documentation that Customer is required to provide to or obtain from each Consumer in connection with the Program including, without limitation, for Registration, initiating DDA Warranty Transactions or otherwise pursuant to Legal Requirements (as defined below).
“ECA® Authorization Receipt” means a receipt of an Authorization specific to an ECA Warranty Transaction that is signed (electronically or in writing) by the Consumer permitting the conversion of their check into an electronic fund transfer or remotely created check.
“ECA Services” means Electronic Check Acceptance® (ECA®) services, which are check-based payment processing services whereby eligible paper checks are converted to electronic fund transfers, in conjunction with accompanying check acceptance and warranty services.
“ECA Warranty Transaction” means a type of Warranty Transaction in which a payment initiated using a standard check is processed under NRT’s Agreement with Customer as an electronic fund transfer or remotely created check.
“ECA-initiated Paper Transaction” means an ECA Warranty Transaction that is initiated for approval for processing as an electronic fund transfer but is approved and processed as a paper check.
“Gaming Establishment” means an establishment offering gambling and games of chance entertainment to the public throughout the United States.
“Good Faith Dispute” means a dispute between Consumer and Customer or NRT concerning the amount, status or validity of an Item that is not otherwise the product of fraud or identity theft.
“Government Check” means a payroll or expense reimbursement check issued by a U.S. federal, state, or local government entity.
“Identification” means one of the following types of government-issued identifications: (1) state-issued driver’s license (2) state-issued identification card (3) Mexican matricula consular identification card (4) social security card (5) military identification card (6) US passport and such other forms of identification as NRT accepts.
“Inquiry Rate Fee” means the amount charged to Customer by NRT for each Item submitted to for processing that is approved as a Warranty Transaction.
“Item” means an outstanding financial obligation arising pursuant to a check or electronic fund transfer processed, including a DDA Warranty Transaction, using the Services provided by NRT pursuant to its Agreement with Customer.
“Knowledge” means the presence of facts or circumstances which, if known, would cause a non-subscribing gaming establishment, using commercially reasonable judgment, to independently refuse to accept an Item.
“Legal Requirements” means those laws, rules and regulations impacting the provision of Services and the Parties’ performance under NRT’s Agreement with Customer including, without limitation, federal, state or local laws, rules, regulations, judicial or administrative decisions, export laws, Office of Foreign Assets Control of the US Department of the Treasury ( “OFAC”) requirements, the Bank Secrecy Act, (“BSA”) requirements, requirements of the Fair Credit Reporting Act (“FCRA”), the requirements Electronic Fund Transfer Act (“EFTA”) and its Regulation E (“Regulation E”), the Gramm-Leach-Bliley Financial Modernization Act (“GLB”), the requirements of Bulletin 2013-29; OCC NR 2014-4 published by the Office of the Comptroller of Currency, the NACHA Rules and, to the extent applicable, the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”), and all terms and conditions of the Agreement.
“Loyalty Program” means a Customer’s loyalty program in which: (a) Consumers register with Customer for a Loyalty Program Account and (b) such Registered Consumers initiate DDA Warranty Transactions for cash at Customer locations through the use of a closed-loop, PIN-access device.
“Loyalty Program Account” means the DDA Account tied to a Registered Consumer under a Customer’s Loyalty Program.
“Merchant ID” means the identification number assigned to Customer by NRT that identifies the Customer from which a transaction is initiated for processing by NRT or Vendor.
“Merchant Welcome Kit” means a set of materials delivered as part of the boarding process to Customer, including but not limited to instructions for obtaining authorizations, submitting warranty claims, posting decals, courtesy cards to fulfill adverse action requirements under FCRA, and a User Obligations pamphlet deliverable by CRA to end users of consumer reports.
“NACC Customer” means a Customer that is owned or controlled, directly or indirectly, by a Native American Indian Tribe and operated under the auspices of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
“Non-Public Personal Information” means personally-identifiable information that (i) is not publicly available (ii) is provided by a Consumer to a Customer (iii) in connection with the Consumer’s potential or actual utilization of Services under NRT’s Agreement with Customer.
“NRT Parties” means NRT and its officers, directors, employees, shareholders, agents and attorneys, parent corporation, owners, affiliates and subsidiaries.
“Paper Services” means paper check-based payment acceptance and accompanying Warranty Services that is not otherwise considered an ECA-initiated Paper Transaction or a Third Party Check Warranty Transaction.
“Paper Warranty Transaction” means a type of Warranty Transaction in which a payment initiated using a paper check is processed under NRT’s Agreement with Customer as a standard paper check and is not otherwise considered an ECA-initiated Paper Transaction.
“Payroll Check” means a company payroll or expense reimbursements check.
“Registration Transaction” means the portion of a Consumer’s attempted registration into Customer’s Loyalty Program that is submitted for review and acceptance advisement.
“Registered Consumer” means a Consumer registered in a Customer Loyalty Program.
“Requested Operator Call Fee” means an additional charge per operator-assisted call initiated by Customer that neither NRT nor its Vendor requests or prompts Customer to make in connection with processing Warranty Transactions. This includes any call that goes into NRT’s Vendor’s IVR or is processed by a live agent.
“Returned Item” means any Item that is dishonored, returned, reversed, charged back or otherwise unpaid by a Consumer’s financial institution upon presentment for payment, regardless of the reason or timing.
“Returned Item Fee” means the fee or exemplary damages assessed on a Returned Item in the maximum amount allowed by applicable Legal Requirements.
“Risk Analysis” means analysis of (l) a payment or (2) a registration transaction for a Consumer’s admission into Customer’s Loyalty Program against statistical risk models to determine potential risk associated with the payment or transaction.
“Returned Payment” means any financial obligation owed by Customer or its Consumers pursuant to NRT’s Agreement with Customer which is not paid by Customer’s or Consumer’s financial institution.
“Services” means those services delivered by NRT under its Agreement with Customer including, but not limited to the processing of ECA Warranty Transactions, ECA-paper Initiated Transactions, Paper Transactions, DDA Warranty Transactions, and Registration Transactions, and the provision of Warranty Services for ECA, Paper and DDA Warranty Transactions, Risk Analysis, and electronic check conversion. The functionality of Services is more specifically described in NRT’s Agreement with Customer.
“Tax Refund Check” means a check issued by a federal, state or local taxing authority.
“Third Party Check” means a pre-printed, paper Payroll Check, Government Check or Tax Refund Check drawn on a US financial institution and payable or endorsed to the Check Cashing Consumer and submitted in person by the Check Cashing Consumer at Customer’s Property.
“Third Party Check Warranty Services” means Third Party Check-based payment authorization and warranty services.
“Third Party Check Warranty Transaction” is a type of Warranty Transaction in which a payment initiated from a Third Party Check is processed under this Agreement as a paper check.
“Vendor” means TeleCheck Services, Inc.
“Verification” means comparison of a payment or registration transaction against NRT’s or NRT Vendor’s database of negative debt records to detect the presence of unpaid debt associated with the Consumer initiating such payment or registration transaction.
“Warranty Requirements” means requirements specific to each Returned Item which must be met by Customer in order for a Returned Item to be eligible for Warranty. Warranty Requirements vary based on the product offered, as set forth in NRT’s Agreement with Customer.
“Warranty Service” means NRT or its Vendor’s payment to Customer the face value of an Item which returns unpaid and is compliant with all applicable Warranty Requirements, as stated in NRT’s Agreement with Customer in exchange for Customer’s assignment of all right, title and interest in and to the Item to NRT, in compliance with applicable Warranty Requirements and NRT’s Agreement with Customer.
“Warranty Transaction” means a contemporaneous payment transaction subject to NRT’s Agreement with Customer initiated by a Consumer between the Customer and the Consumer that is processed and subject to Warranty Services under NRT’s Agreement with Customer.
2. Originator Authorization and Agreement.
Customer shall enter into an Originator Authorization and Agreement and submit the same to NRT prior to the commencement of NRT’s provision of Services.
3. ECA Services.
(a) Warranty Requirements for ECA Transactions. ECA Warranty Transactions originated by Customer and submitted to NRT for processing under this Agreement will comply with the following requirements:
i. The check is a first-party check drawn on the Consumer’s account at a US financial institution, payable to Customer. The name of the Consumer is imprinted on the check by the check manufacturer;
ii. The Consumer signed an ECA Authorization Receipt that authorized debiting its account and the amount to be debited for each Item submitted for processing as an ECA Warranty Transaction;
iii. Customer (a) submitted the Item for processing in accordance with the Agreement, (b) submitted the check’s MICR (magnetic ink character recognition) line information, and Consumer’s Identification type and number, and (c) obtained a single Approval Code for each Item;
iv. The ECA Warranty Transaction represents an obligation of the Consumer at the point of sale (no phone, mail or Internet transactions) for cash back. The ECA Warranty Transaction is not a transaction for credit or payment on an existing debt, credit account or check already due to Customer;
v. The amount of the ECA Warranty Transaction submitted to NRT for authorization and entered into the transaction authorization system and the amount on the ECA Authorization Receipt match exactly;
vi. The check to which the ECA Warranty Transaction relates: (a) has not been used in any other transaction (i.e. bears a check number unique to the transaction), (b) is voided on the front by the Consumer or Customer during processing, and (c) is returned to the Consumer at the point of sale during processing of the ECA Warranty Transaction;
vii. The date of the check and the ECA Warranty Transaction are within one (1) calendar day of: (a) the date the Item was submitted to NRT for processing, and (b) the date the transaction actually occurred (Items may not pre-date or post-date the date they are submitted to NRT for processing and the transaction date by more than one day);
viii. The ECA Warranty Transaction is not subject to any stop payment based on Consumer’s Good Faith Dispute over goods or services, including a failure on the part of the applicable Customer to comply with responsible gaming Legal Requirements in relation to the Consumer initiating the Item, or Chargeback, pursuant to the Agreement; and
ix. Acting reasonably, Customer has no reason to question or have notice of any fact, circumstance or defense that would impair the validity or collectability of the Consumer’s Item or relieve the Consumer from liability for it.
(b) ECA Authorization Receipt. Customer shall (i) maintain a copy (electronic or physical) of each signed ECA Authorization Receipt for a minimum period of two (2) years from the date of the ECA Warranty Transaction, or for the period specified by the NACHA Rules, whichever is longer; (ii) deliver a legible copy (physical or electronic) of the ECA Authorization Receipt to Subscriber within three (3) days of NRT’s request; and (iii) permit NRT to audit Customer no more than once per year during the Term for compliance with this requirement (subject to the Originator Authorization and Agreement entered into by Customer). In the event of such audit, Customer shall submit requested documentation for review as applicable to the terms and timing of audit.
4. ECA-initiated Paper Transactions.
In some instances, ECA Warranty Transactions that are initiated for processing as an electronic fund transfer may be approved and processed as a paper check or remotely created check. Each ECA Warranty Transaction submitted by Customer to NRT for processing under its Agreement with NRT that is processed as an ECA-initiated Paper Warranty Transaction will comply with the following requirements:
(a) The check is a first-party check drawn on the Consumer’s account at a US financial institution, completely and properly filled out, and payable to Customer. The name and address of the Consumer is imprinted on the check by the check manufacturer. If a P.O. Box is used, or an address is not imprinted by the check manufacturer, a physical address (which may be a rural route or highway location number) is written on the check according to the Agreement;
(b) The Consumer’s signature in the signature block on the check is not substantially different from the signature on the Consumer’s Identification provided for authentication;
(c) Customer (a) submitted the Item to NRT in accordance with the Agreement, (b) submitted the check’s MICR (magnetic ink character recognition) line information, Consumer’s Identification type and number, and (c) obtained a single Approval Code for each Item;
(c) Customer’s Merchant ID, the Consumer’s telephone number (including area code), Identification type and number, and Approval Code are all printed or written on the check according to the Agreement;
(d) The ECA-initiated Paper Warranty Transaction represents an obligation of the Consumer at the point of sale (no phone, mail or Internet transactions) for cash obtained. The ECA-initiated Paper Warranty Transaction is not a transaction for credit or payment on an existing debt, credit account or check already due to Customer;
(e) The amount shown in words and figures on the check is (a) less than or equal to the amount submitted as Customer’s original query to NRT or Vendor for payment acceptance advice concerning the check , or (b) no more than $1.00 over the amount entered submitted by customer as query to NRT or Vendor for payment acceptance advice concerning the check;
(f) The date of the check is within one (1) calendar day of: (i) the date the Item was submitted for processing, and (ii) the date the ECA-initiated Paper Warranty Transaction actually occurred (Items may not pre-date or post-date the date they are submitted for processing and the transaction date by more than one day);
(g) Customer deposited the check in Customer’s Account and, upon the check becoming a Returned Item, assigned the Returned Item to NRT for purchase within fifteen (15) days of the date that Customer originally received the check. Further, NRT must receive the Returned Item for purchase after the Item has been presented for payment only once (i.e., Items may not be sent to NRT for purchase in connection with warranty services after re-presentment, whether paper or electronic);
(h) The ECA-initiated Paper Warranty Transaction is not subject to any stop payment based on Consumer’s Good Faith Dispute over goods or services, including a failure on the part of Customer to comply with responsible gaming Legal Requirements in relation to the Consumer initiating the Item, nor is it otherwise subject to Chargeback according to the Agreement, and
(i) Acting reasonably, Customer has no reason to question or have notice of any fact, circumstance or defense that would impair the validity or collectability of the Consumer’s Item or relieve the Consumer from liability for it.
5. Paper Services.
NRT will provide Customer with Paper Services. Customer will submit paper checks for payment acceptance, processing and accompanying Warranty Services to NRT. Each Paper Warranty Transaction Customer submits to NRT for authorization, processing and warranty under NRT’s Agreement with Customer must comply with the following requirements:
(a) The check is a first party check drawn on the Consumer’s account at a US financial institution, completely and properly filled out, and payable to Customer. The name and address of the Consumer is imprinted on the check by the check manufacturer. If a P.O. Box is used, or an address is not imprinted by the check manufacturer, a physical address (which may be a rural route or highway location number) is written on the check according to the Agreement;
(b) The Consumer’s signature in the signature block on the check is not substantially different from the Consumer’s signature on Identification submitted for authentication, and name imprinted on the check matches name imprinted on such Identification;
(c) Customer submitted the Item to NRT in accordance with the Agreement, (b) submitted the check’s MICR (magnetic ink character recognition) line information, and Consumer’s Identification type and number, (c) obtained a single Approval Code for each Item, and (d) did not perform the Paper Warranty Transaction in an attempt to avoid the Warranty Requirements;
(d) Customer’s Merchant ID, the Consumer’s telephone number (including area code), Identification type and number, and Approval Code are all printed or written on the check according to the Agreement;
(e) The Paper Warranty Transaction represents an obligation of the Consumer at the point of sale (no phone, mail or Internet transactions) for cash back. The Paper Warranty Transaction is not a transaction for credit, cash or payment on an existing debt, credit account or check already due to Customer;
(f) The amount shown in words and figures on the check is (a) less than or equal to the amount entered into NRT’s payment authorization and processing system, or (b) no more than $1.00 over the amount entered into NRT’s payment authorization and processing system;
(g) The date of the check is within one (1) calendar day of: (a) the date the Item was submitted to NRT for processing, and (b) the date the Paper Warranty Transaction actually occurred (checks may not pre-date or post-date the date they are initially submitted for Services and the transaction date by more than one day);
(h) Customer deposited the check in Customer’s Account and upon the check becoming a Returned Item, NRT receives the Returned Item for purchase within fifteen (15) days of the date that Customer originally received the check. Further, NRT must receive the Item for purchase after the Item has been presented for payment only once (i.e., Items may not be sent to NRT for purchase in connection with Warranty Services after re-presentment, whether paper or electronic);
(i) The Paper Warranty Transaction is not subject to any stop payment based on Consumer’s Good Faith dispute over goods or services, including a failure on the part of the applicable Customer to comply with responsible gaming Legal Requirements in relation to the Consumer initiating the Item, nor is it otherwise subject to Chargeback as set forth herein; and
(j) Customer has no reason to question or be on notice of any fact, circumstance or defense that would impair the validity or collectability of the Consumer’s Item or relieve the Consumer from liability for it.
5.1 Third Party Check Warranty Services.
Customer will submit Third Party Checks for authorization and accompanying Warranty Services to NRT. Each Third Party Check Warranty Transaction Customer submits to NRT for authorization, processing and warranty under this section will comply with the following requirements:
(a) The Third Party Check is drawn on a United States financial institution and is completely and properly filled out;
(b) Payor’s name and address are imprinted or typed on the Third Party Check;
(c) Third Party Check and Third Party Check Warranty Transaction comply with the Agreement;
(d) The Customer’s assigned merchant ID, Approval Code, and Check Cashing Consumer’s identification type and identification number are printed or written on the Third Party Check;
(e) The amount entered into the system and on the Third Party Check (in words and figures) match exactly;
(f) The Third Party Check is payable to, and endorsed by the Check Cashing Consumer, without any restrictions or limitations of any kind unless otherwise expressly provided herein (e.g. time limitations). The endorsement signature of the Check Cashing Consumer appearing on the back of the Third Party Check reasonably resembles the signature on the identification produced by that Check Cashing Consumer to Customer for purposes of authenticating Check Cashing Consumer’s identity;
(g) The physical appearance of the Check Cashing Consumer attempting to cash the Third Party Check reasonably resembles the physical description or image appearing in or on identification produced by that Check Cashing Consumer and examined by Customer for purposes of authenticating Check Cashing Consumer’s identity;
(h) The Third Party Check transaction represents an obligation of the Third Party Check Cashing Consumer presenting the Third Party Check for cash and does not involve any element of credit, for any purpose;
(i) The date of the Third Party Check does not precede the date of the Third Party Check transaction by more than 180 days;
(j) The date of the inquiry call to us is the same date as the Third Party Check Warranty Transaction. However, if the inquiry call occurs at or near midnight, the Third Party Check Warranty Transaction must occur within four hours of the inquiry call;
(k) The Customer has no reason to question or have notice of any fact, circumstance or defense which would impair the validity or collectability of the Third Party Check or the liability and/or obligation of either the Payor of the Third Party Check or the Check Cashing Consumer negotiating the Third Party Check;
(l) The Third Party Check must be deposited in the Customer’s account within three (3) Banking Days of the date the Third Party Check is approved by us for acceptance; and
(m) At least one attempt to redeposit a Third Party Check that originally returned unpaid must have been made if its original return was based on a reason permitting its re-presentment.
6. DDA Warranty Transaction Requirements.
Customer agrees that each DDA Warranty Transaction submitted to NRT for processing shall comply with the following requirements:
(a) The DDA Warranty Transaction was based on a valid and active Loyalty Program Account and the Registered Consumer entered a valid PIN;
(b) To Customer’s Knowledge, the Registered Consumer authorized the debiting of such Registered Consumer’s DDA for the amount of the DDA Warranty Transaction;
(c) Customer made an inquiry to NRT in strict accordance with the Agreement and obtained a single Approval Code. The DDA Warranty Transaction was not performed in an attempt to avoid the Warranty Requirements;
(d) The DDA Warranty Transaction represented an obligation of Registered Consumer at the point of sale (no phone, mail or Internet transactions) for cash back and did not involve any transaction for credit, payment on an account, debt or check already due to Customer;
(e) The date of the DDA Warranty Transaction was within one calendar day of the date of the inquiry call for authorization (checks may not pre-date or post-date the date of the inquiry call for authorization by more than one day);
(f) The DDA Warranty Transaction is not subject to any stop payment based on Consumer’s Good Faith Dispute over goods or services, including Customer’s failure to comply with responsible gaming Legal Requirements in relation to the Consumer initiating the Item, nor is it otherwise subject to Chargeback as set forth in the Agreement;
(g) Acting reasonably, Customer has no reason to question or have notice of any fact, circumstance or defense which would impair the validity or collectability of Registered Consumer’s obligation and/or the DDA Warranty Transaction or relieve Registered Consumer from liability for payment of such DDA Warranty Transaction;
(h) Customer complied with all applicable Legal Requirements;
(i) Customer complied with its obligations as an Originator under the NACHA Rules and delivered all required Disclosures in order for Vendor to process the DDA Warranty Transaction and to collect any applicable Returned DDA Warranty Transaction and Returned DDA Warranty Transaction Fee as an electronic fund transfer or draft.
7. Available Cash Limits Authorization.
(a) When any Consumer seeks to acquire Available Cash Limits, Customer shall advise the Consumer to provide their social security number, advising that this additional information may factor into the Consumer’s ability to obtain a higher Available Cash Limit. If provided, Customer shall transmit social security numbers provided to NRT for use in the authorizations process. Subject to the availability of enhanced consumer reporting data, if Customer wants enhanced consumer reporting data obtained on a Consumer, Customer must submit the Consumer’s social security number to NRT with all other identifiers transmitted with the Consumer’s transaction or registration;
(b) At least fifteen (15) business days prior to each such Customer’s receipt of Services and pursuant to the Agreement, Customer shall submit a file containing the registered Identification, in conformance with the Agreement, for each Consumer that has received authorization for a check cashing limit from each such Customer’s payment acceptance provider immediately preceding NRT (collectively, the “Known Consumers”). Submission of the routing and account numbers of Known Consumers is a preferred component of this submission and should be submitted where possible, in addition to other forms of ID specified by the Agreement. Submissions will either (i) list the dollar amounts of check transactions cashed in the year preceding by Customer’s most recent and prior check acceptance service provider or (ii) contain the average dollar amount of such transactions. Customer shall certify to NRT, in writing, to the accuracy of the data it submits on Known Consumers;
(c) Subject to a lack of any negative account or check writing history available to NRT, NRT will authorize Available Cash Limit amounts for each such Known Consumer, as identified in the file provided by Customer to NRT, up to an amount which either meets or exceeds the average dollar amount of checks reported by Customer for each such Known Consumer. Available Cash Limit amounts for Known Consumers as described in this subsection (b) will remain in place for a minimum of three months from the inception of Customer’s receipt of Services;
(d) Following the initial three-month period referenced in subsection (b) above, NRT reserves the right to either adjust Available Cash Limits for individual Known Consumers or increase the billing rate of Fees for a Customer, based on a performance review of Customer’s processing and warranty history over this initial three-month period. Any such adjustment to Available Cash Limits or increase in the billing rate of Fees will result where NRT determines as a result of the quarterly review, in its sole discretion, that there is an unacceptable level of risk associated with individual Known Consumers or a particular Customer;
(e) Changes to Available Cash Limits for individual Known Consumers or Increase in Fees made pursuant to the Agreement shall be subject to fifteen (15) days’ written notice by NRT to Customer. When NRT chooses to adjust Available Cash Limits for Known Consumers, such adjustment will only apply to Known Consumers who present an unacceptable level of risk. In the event overall limits must be lowered for a Customer, the adjustment will affect the Available Cash Limits of all Known Consumers of the Customer.
8. Posting of Required Notices.
Customer shall post all required notices in a prominent and conspicuous location, and as further directed by the Agreement, for consumers to read and authorize Customer’s assignable assessment of Returned Item Fees and collection of Returned Items. NRT shall supply Customer with the form of posting notice and provide general directions for the posting of such notices at the Customer location. The Customer shall ensure that the form and placement of such postings at Customer is compliant with Legal Requirements, including NACHA Rules and Regulation E.
9. Returned Item Fees.
Customer agrees to assess a Returned Item Fee on all Returned Items in accordance with Legal Requirements and the Agreement.
10. Transaction Authorizations.
Customer shall utilize Services in connection with Warranty Transaction authorization requests pursuant to procedures by which either: (i) checks are either rubber-stamped with an authorization signed by the check writer, or a digital signature of an authorization is electronically stored, authorizing the electronic debiting of the check writer’s account or the creation of a draft for the amount of the check, and also for Returned Item Fee, or (ii) a copy of the NACHA consumer notice is provided to the check writer at the point of sale, such notice including verbiage which, when signed by consumer, authorizes the electronic debiting of the check writer’s account or the creation of a draft for the collection of the check and also for Returned Item Fee; provided, however, that such policies and procedures shall at all times be sufficient to allow Vendor to electronically debit the check writer’s account for Returned Item Fees in compliance with applicable law and NACHA Rules if the check is returned unpaid.
11. Updating Information.
Customer agrees to promptly notify NRT if any Consumers make a payment to Customer in connection with any Returned Item that is subject to warranty service under this Agreement, returns any cash associated therewith or otherwise cancels any services represented thereby (in such manner that the Returned Item is fully or partially satisfied), and to identify such Consumers and the Returned Item fully.
12. Chargebacks.
Further to section 6.1 of the applicable check cashing services Schedule to the Agreement, the circumstances referred to in that section include one or more of the following:
(a) The cash for which the Item was issued has been returned to Customer, was not delivered by Customer, or the transaction is subject to Good-Faith Dispute;
(b) Customer received full or partial repayment or security in any form to secure payment of the Item;
(c) The Warranty Transaction is for any reason void or invalid, applicable Legal Requirements prevent the purchase by or transfer of the Item, or a court of law determines that the Item is (in whole or in part) not due and payable by Consumer (unless such determination results from a bankruptcy proceeding);
(d) Any of the applicable warranty requirements for Warranty Transactions set forth in the Agreement are breached;
(e) Customer failed to comply with the Agreement, or related Originator Authorization and Agreement;
(f) Customer, or any of its owners, agents or employees (a) materially altered the Registration Application, Item or Authorization, (b) processed the Warranty Transaction with Knowledge that (i) it was likely to be dishonored (including failure to receive an Approval Code), or (ii) the Identification used or signature provided (to the extent an Identification or signature is required under the applicable warranty requirements) was forged or did not belong to the Consumer; or (c) processed the Warranty Transaction in a manner which was an attempt to avoid the Warranty Requirements. “Knowledge” is also presumed where there is evidence of Customer’s attempt to avoid warranty limitations through intentional manipulation of transactions, including, but not limited to the resubmission of a previously denied transaction.
(g) A duplicate Item related to the same transaction was received and processed; or, in the case of a Warranty Transaction processed as an electronic fund transfer, the check giving rise to the Item was deposited, thereby creating a duplicate entry against Consumer’s financial institution account;
(h) The closeout of any batches (if applicable) or transmission of Warranty Transactions to for settlement processing did not occur within seven (7) business days (or such timeline that is specifically set forth in the warranty requirements) from the date the Approval Code was issued for the corresponding Warranty Transactions;
(i) The Consumer disputes authorizing the Item, or the validity or accuracy of a debit made to the Consumer’s financial institution account in connection with a Warranty Transaction; or
(j) Any Authorization required by the NACHA Rules, Regulation E or applicable Legal Requirements was incomplete, unsigned or Customer failed to provide NRT with a legible copy of the Authorization within three (3) days of NRT’s request for it.
13. Equipment; Software; Hardware.
(a) Equipment, software and hardware. Equipment, software and hardware used by Customer shall be compatible with applicable specifications provided by NRT and suitable to enable Customer’s compliance with the Agreement.
(b) Specifications and Formatting. NRT shall provide Customer with specifications for the formatting and transmission of data to NRT and/or its Vendor.
(c) Connectivity. NRT shall be responsible for connectivity at its operating premises supporting all communications from and to NRT and Customers. NRT’s Vendor shall not be responsible for any communications between NRT and its Customers.
14. Compliance with Law.
(a) Processing Notices; Returned Item Fees. Customer shall provide such notices (including any updates) to Consumers that are required pursuant to the NACHA Rules, Regulation E, the Electronic Funds Transfer Act, or other applicable Legal Requirements in order that any applicable Returned Item Fees may be collected as electronic fund transfers, paper drafts, or otherwise. Customer shall comply with all other conditions of Regulation E, including but not limited to those governing Customer’s Loyalty Program.
(b) Privileged Licenses. NRT and Customer each acknowledges that the other Party and its Affiliates may be subject to and exist because of privileged licenses issued by governmental authorities responsible for or involved in the regulation of gaming or gaming activities, and/or Vendors that provide services to entities that provide gaming activities (“Gaming Authorities”). If either Party is requested by any Gaming Authority to provide any information and obtain any approval to conduct the business contemplated by the Agreement between NRT and Customer, then such Party shall provide all requested information and apply for and obtain all necessary approvals required or requested of such Party by such Gaming Authority. If a Party fails to provide any such information and/or obtain any such approval, or a Party is directed by a Gaming Authority to cease business with the other Party, then the other Party may suspend and cease provision or receipt of Services, as the case may be, without penalty or payment of damages. NRT’s suspension or cessation of Services under this subsection shall be restricted to the Customer’s locations that are subject to the jurisdiction of the applicable Gaming Authority requiring such action.
15. Electronic Funds Transfer Processing.
(a) Funding. Warranty Transactions will typically be credited to Customer’s account within two (2) banking days following: (i) for host-based processing, NRT Vendor’s receipt and acceptance of each applicable Customer’s completed Warranty Transactions before 9:00 p.m. Central Time each processing day; or (ii), for batch processing after each applicable Customer’s regular close-out of its point-of-sale terminal(s), NRT Vendor’s receipt and acceptance of each applicable Customer’s saved, completed Warranty Transactions before 9:00 p.m. Central Time. NRT or Vendor may initiate any necessary adjustments to each applicable Customer’s Account for Items processed as Warranty Transactions; including, without limitation, chargebacks or partial adjustments. NRT, through its Vendor, may recover the amount of any adjustments made to each applicable Customer’s Account in connection with an Item in the event the adjustment was made at the Customer’s or NRT’s request or as a result of the Customer’s or NRT’s error, and the Item becomes a Returned Item. NRT, through its Vendor, may also recover the amount of any fees from the applicable Customer that a Consumer paid to its financial institution as a result of adjustments made to an Item due to a Customer’s error. NRT, through its Vendor, may also recover the amount of any fees from Customer paid to its financial institution as a result of adjustments made to an Item due to Customer’s error.
(b) Account Reconciliation. In the event any Warranty Transaction is not funded or otherwise paid to Customer in accordance with delivery of Services as outlined in the Agreement, Customer NRT must notify NRT in writing of such failure within the latter of (i) thirty (30) days from the date of the Warranty Transaction or (ii) the date on which Customer should reasonably have knowledge of such failure. Neither NRT nor Vendor shall have any liability to Customer, and Customer is precluded from asserting any claims, damages or losses against Vendor for non-funding and for any claims, damages or losses associated with non-funding a Warranty Transaction, if Customer does not notify NRT of a failure to fund or otherwise pay such Warranty Transaction within such thirty (30) day period.
16. Processing.
Customer shall process Warranty Transactions in accordance with specifications and operational rules which shall include utilizing a dual-read MICR reader for the reading of paper checks. All software and hardware used by Customer for processing and settlement of Warranty Transactions shall be compatible with NRT’s and/or its Vendor’s applicable specifications and operational rules.
17. Use of TeleCheck Materials.
(a) License. TeleCheck International, Inc. (“TCI”), an affiliate of Vendor, owns the trademarks referenced in this section. Pursuant to authorization granted to Vendor by TCI, Vendor has granted to NRT and NRT grants to Customer , a nonexclusive, limited license to use the TELECHECK®, TELECHECK logo and other Vendor trademarks and service marks (collectively, the “TeleCheck Marks”) within the US and its territories during Customer’s utilization of Services, subject to the following:
i. Customer may not assign or transfer the TeleCheck Marks;
ii. Customer may use and display decals, identification data and other materials provided by Vendor or NRT at Customer’s locations solely during the Customer’s Agreement with NRT and solely in connection with the Services;
iii. Customer will not permit any persons other than their own respective officers, employees or agents at Customer’s locations to use its Merchant ID;
iv. Customer will promptly cease use of the TeleCheck Marks and remove any decals, electronic files, logos or other materials (including those affixed to entry doors or windows at Customer’s locations) upon termination or expiration of its Agreement with NRT or cessation of the provision of Services to Customer; and
v. Customer will not create any print, electronic or Internet-based materials (including, without limitation, any marketing materials) using any TeleCheck Marks without Vendor’s prior written consent, which may be withheld in Vendor’s sole discretion.
(b) Use of TeleCheck Marks. Customer acknowledges TCI’s ownership of the TeleCheck Marks and will not contest the validity of the TeleCheck Marks or the ownership thereof. Customer shall refrain from performing any acts that might discredit, disparage, dilute, infringe or negatively affect the value of the TeleCheck Marks or constitute unfair competition with Vendor or TCI. Customer shall use the TeleCheck Marks pursuant to any guidelines provided by Vendor, as may be amended from time to time. The following will appear at least once on every piece of advertising or promotional material created by Customer that bears the TeleCheck Marks: “The [‘Applicable Mark’] trademark is owned by TeleCheck International, Inc. and is licensed for use by [‘Subscriber Name’] or [Customer]”.
