MUA Terms & Conditions
Rate Guarantee and Prior Processing Cancellation Responsibility. Processing discount rates are locked in for the term of the credit card processing equipment lease and/or the credit card processing agreement (the “Agreements”) subject to ongoing compliance with card acceptance guidelines and provided the agreements are not in default, notwithstanding pass through adjustments from card regulatory associations. Merchant accepts all responsibility for cancellation of prior processing services, and understands that it is solely the Merchant’s responsibility to cancel all prior services and Merchant accepts responsibility for any termination or cancellation fees and agrees to hold harmless Net Card of any financial obligation related to prior processing and equipment lease contracts, unless otherwise agreed to in writing. Merchant understands that the purchase or lease of equipment is a separate and independent transaction from the Merchant’s desire for credit and debit card processing services and that the Agreements are mutually exclusive of each other. Merchant further agrees that due to the customized nature of the equipment, Net Card will not be responsible for any refund or return of any equipment. Merchant further acknowledges that Net Card shall have no liability regarding the reprogramming, integration, or service of any Point of Sale equipment (“POS”) in the Merchant’s possession before executing this Agreement.
Net Card ISO/MSP Statement. Net Card is an Independent Sales Organization/Merchant Service Provider (ISO/MSP) that is party to the Agreements as a third party with a one time or ongoing economic interest in the agreements. Net Card does not claim or represent that it is the manufacturer, servicer, underwriter, or is in any way affiliated with the other parties to the Agreements notwithstanding the economic interest in the Agreements, unless otherwise set forth in writing. When any of the referenced in page one are assigned to Net Card, Net Card’s and the merchant’s rights to one another shall be governed under this MUA. If any of the terms of this MUA conflict with the Agreements referenced on page one, this MUA shall govern. Similarly Net Card may have no rights or obligations whatsoever to the Agreements referenced on page one. Merchant should review those agreements first.
Agreement Exclusiveness. Due to the mutually exclusive nature of the Agreements and the separate desire for services, Purchaser may use the equipment with other providers and is not required to use leased equipment with Net Card processing services. Merchant may also use membership, SB, or cash advance without using all of the CP services as each agreement is independent of the others. This agreement is a fully integrated document.
Warranties, Remedies, Choice of Law and Forum The Merchant’s obligations to Net Card under the Agreements, and each of them, shall be deemed in default when, including but not limited to, any Agreement having a past due balance of greater than ten calendar days, a Merchant’s failure to produce documents necessary for the performance of the Agreements or failure to reasonably cooperate with Net Card requests to perform the Agreements, the Merchant’s failure to verbally confirm terms of the contracts at time of delivery pursuant to third party verification efforts, no processing activity for six months, or any and all events of default under the material terms of the agreements Net Card has an economic interest in, including without limitation, the merchant processing agreement or lease. In the event of default or early termination of processing contract, and notwithstanding anything to the contrary set forth herein, Merchant/Purchaser shall be responsible for an amount of liquated damages equal to all monthly fees due for the remainder of the existing term, including all monthly minimum fee commitments, plus an equipment/de-conversion fee of $500 and in no case shall be less than $997. In the event a Purchaser defaults on an equipment lease contract, an amount shall be due to Net Card for the full monthly base payments for the lease term, and all attorney’s fees, and collection costs. This Agreement shall remain in full force and Net Card for an initial term years for processing agreements and a term of four years for equipment lease agreements. Merchant expressly authorizes Net Card to electronically withdraw amounts due by Merchant to Net Card electronically from Merchant/Purchaser’s account referenced and in the Agreements, or from account on file, immediately on or after the effective date of termination or default. If the Purchaser’s account does not contain sufficient funds for the debit amount Merchant shall pay Net Card the amount due immediately. The payment of accelerated monthly fees as described herein is not a penalty, but rather is hereby agreed to by the parties to be a reasonable amount of liquidated damages to compensate Net Card for its termination expenses and all other damages it may occur due to Merchant’s default event for which such amounts would be payable. Such amounts shall not be in lieu of but in addition to any payment obligations for services already provided hereunder (or that Net Card may continue to provide), which shall be an additional cost, and any and all other damages to which Net Card may be entitled hereunder. Upon termination any equipment provided by Net Card not leased through any third parties or purchased must be returned immediately at Merchant’s expense. Merchant has read and accepted the above material terms and understands that rates and processing fees area guideline for monthly billing and in no way constitutes a guarantee of savings. Purchaser consents and submits to the Exclusive and Mandatory Jurisdiction and venue of the San Diego North County Courthouse in San Diego County, California , and expressly agrees to such forum for the initiation of all suits, actions, or proceedings arising out of the Merchant/Purchaser’s obligations under this MUA. This agreement shall be interpreted under California law, and Merchant expressly waives the right to bring any claim in a class action, and must litigate any claim against Net Card separately and independently of all class actions.
Privacy Notice. Merchant herein acknowledges and agrees that telephone calls placed to and/or from Net Card may be recorded, transcribed, monitored, analyzed and archived by Net Card during the course of the contractual relationship between the parties. Merchant has the sole responsibility to notify Net Card prior to any commencement of a call that Merchant does not consent to the recording, transcription, monitoring, archiving, and analysis of the call. Net Card makes no representations or warranties with respect to any use of a recorded call by Net Card or affiliates. No separate communication shall be deemed to supersede this acknowledgement and agreement.