Metavante's systems.
All payee data and Metavante's payee
database shall be Metavante's property, which may be used by Metavante without
limitation for purposes of maintaining and providing "Pay Anyone" bill payment
services for Metavante's customers.
Electronic Biller Services.
Electronic biller services are services provided by
Metavante to enable Customer to present bills electronically to its customers
and/or accept online credit card and/or ACH payment instructions from its
customers.
The following terms apply to these Services:
ACCESS.
CUSTOMER SHALL COMPLY WITH METAVANTE'S REQUIREMENTS FOR MAKING THE
SERVICES OPERATIONAL AND AVAILABLE FOR CUSTOMER AND/OR END USERS (AS HEREINAFTER
DEFINED).
AN "END USER" IS A PERSON FOR WHOM METAVANTE PROVIDES THE SERVICES ON
CUSTOMER'S INSTRUCTION OR AUTHORIZATION OR ON CUSTOMER'S BEHALF.
END USER AGREEMENTS.
CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING EACH END
USER'S IDENTITY, AND FOR CONTRACTING WITH, AND MANAGING THE RELATIONSHIP WITH,
END USERS OF THE SERVICES, AND OBTAINING ALL NECESSARY END USER AUTHORIZATION TO
PROVIDE THE SERVICES.
METAVANTE WILL NOT HAVE A CONTRACTUAL RELATIONSHIP WITH
END USERS, AND SO MUST RELY UPON CUSTOMER TO MANAGE LIABILITY AND RISK ISSUES.
CUSTOMER WILL INCLUDE REASONABLE PROVISIONS IN ITS END USER AGREEMENTS
REGARDING, AND SHALL INDEMNIFY METAVANTE AGAINST, DEFEND METAVANTE AGAINST, AND
HOLD METAVANTE HARMLESS FROM CLAIMS ARISING FROM (A) CUSTOMER'S FAILURE TO
VERIFY THE END USER'S IDENTITY; (B) ANY END USER'S USE OF OR INABILITY TO USE
THE SERVICES, SPECIFICALLY INCLUDING ANY END USER'S CLAIM FOR ECONOMIC LOSS OR
DAMAGES ARISING FROM THE END USER'S USE OF THE SERVICES; (C) TRANSACTIONS
EFFECTED WITH A LOST, STOLEN, COUNTERFEIT, OR MISUSED LOG-IN ID AND/OR
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PASSWORD; (D) CUSTOMER'S POLICY WITH RESPECT TO PRIVACY, INCLUDING
NOTICE(S) REGARDING THE COLLECTION, USE, STORAGE, SECURITY, AND REVIEW OF
PERSONALLY IDENTIFIABLE DATA COLLECTED;
ACTIONS TAKEN BY METAVANTE IN
ACCORDANCE WITH AN END USER'S INSTRUCTION.
CUSTOMER AND ITS END USERS SHALL BE
RESPONSIBLE FOR SELECTING AND SAFEGUARDING THEIR PASSWORDS FOR USING THE
SERVICES.
AS BETWEEN CUSTOMER AND METAVANTE, ANY USE OF THE SERVICES THROUGH
USE OF A VALID PASSWORD SHALL BE AUTHORIZED USE, PROVIDED THAT METAVANTE WILL
CANCEL OR DISABLE ANY END USER PROMPTLY FOLLOWING NOTIFICATION FROM CUSTOMER.
PAYMENT FILES.
METAVANTE WILL PREPARE PAYMENT FILES FOR CUSTOMER AS CUSTOMER'S
THIRD-PARTY SERVICE PROVIDER AND DELIVER THE FILES TO CUSTOMER'S DESIGNATED ODFI
(FOR ACH FILES) OR TRANSACTION PROCESSOR (FOR CREDIT CARD FILES).
METAVANTE'S
SOLE RESPONSIBILITY FOR ANY ERROR IN PAYMENT OR REVERSED PAYMENT IS TO DETERMINE
WHETHER ANY MECHANICAL, PROCEDURAL, OR PROCESSING PROBLEMS OCCURRED AT METAVANTE
DURING THE PREPARATION OF THE PAYMENT FILE(INCLUDING BUT NOT LIMITED TO
REJECTION OF FILES) AND, IF NECESSARY, REPROCESS AND RESUBMIT THE PAYMENT FILE
WITHOUT ADDITIONAL CHARGE.
STATEMENT DATA.
IF CUSTOMER IS RECEIVING BILL PRESENTMENT SERVICES, METAVANTE
SHALL MAKE STATEMENT DATA AVAILABLE FOR END USERS TO ACCESS THROUGH ENTITIES
PARTICIPATING IN METAVANTE'S ELECTRONIC BILL PRESENTMENT NETWORK.
ACH Services.
GENERAL.
"ACH SERVICES" MEANS SERVICES WHEREBY METAVANTE WILL (I) INITIATE
AND/OR RECEIVE AUTOMATED CLEARING HOUSE DEBIT AND CREDIT ENTRIES, AND
ADJUSTMENTS TO DEBIT ENTRIES AND CREDIT ENTRIES TO CUSTOMER'S ACCOUNT,
(II) CREDIT AND/OR DEBIT THE SAME TO SUCH ACCOUNT.