VISA
AND/OR MASTERCARD AND/OR ANY OTHER APPLICABLE NETWORK IN WRITING (WITH A COPY TO
METAVANTE) (1) OF THE TRANSFER OF ITS BANK IDENTIFICATION NUMBER (BIN) OR
INTERBANK CARD ASSOCIATION NUMBER, OR OTHER IDENTIFYING NUMBER (AS APPLICABLE)
TO THE NEW PROCESSOR, AND (2) OF THE NEW ACH ACCOUNT NUMBER FOR BILLING
PURPOSES.
CREDIT CARDS.
CUSTOMER AUTHORIZES METAVANTE AND GRANTS TO METAVANTE POWER-OF-ATTORNEY TO
ENDORSE ANY AND ALL CHECKS PAYABLE TO CUSTOMER WHICH ARE RECEIVED BY METAVANTE
IN PAYMENT OF CREDIT CARD ACCOUNTS FOR WHICH METAVANTE PROVIDES PAYMENT
PROCESSING SERVICES.
CUSTOMER MAY REQUEST THAT METAVANTE MAKE AVAILABLE TO CUSTOMER'S CREDIT CARD
CARDHOLDERS CHECKS OR DRAFTS WHICH THE CARDHOLDERS MAY USE TO DRAW ON THEIR
CREDIT CARD ACCOUNT.
CUSTOMER AGREES THAT NEITHER METAVANTE NOR METAVANTE'S
PAYABLE THROUGH BANK SHALL HAVE ANY RESPONSIBILITY TO REVIEW OR VERIFY THE
SIGNATURE OF THE DRAWER OF ANY CREDIT CARD CHECK, AND CUSTOMER WILL BE
RESPONSIBLE FOR THE FULL AMOUNT OF ANY CREDIT CARD CHECK PAID BY METAVANTE FOR
CUSTOMER.
Pay Anyone Services.
"Pay Anyone" services are those services that Metavante
provides to remit payments to any U.S. payee using electronic funds transfer or
paper checks.
The services may include online user interfaces and electronic
statement presentment.
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 on Customer's behalf.
In the event that Metavante
shall provide online user interfaces for the Services (the "Branded
Website(s)"), Customer agrees that Metavante is under no obligation to provide
any person with access to the Services unless and until Customer has provided
Metavante with all information and documentation required by Metavante for End
User set-up.
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 Pay Anyone 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
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misused log-in ID and/or password; or (d) 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