Member Bank Information: BBVA Compass Bank, P.O. Box 2210, Decatur, AL 35699 (877) 525-5113
Important Bank Responsibilities:
• A VISA member is the only entity approved to extend acceptance of VISA products directly to a Merchant.
• A VISA member must be a principal (signer) to the Merchant Agreement.
• BBVA Compass Bank is responsible for and must provide settlement funds to the merchant.
• BBVA Compass Bank is responsible for all funds held in reserve that are derived from settlement.
• BBVA Compass Bank is responsible for educating merchants on pertinent VISA International Operating Regulations with which merchants must comply.
Important Merchant Responsibilities:
• Ensure compliance with cardholder data security and storage requirements.
• Maintain fraud and chargebacks below thresholds.
• Review and understand the terms of the Merchant Agreement.
• Comply with VISA International Operating Regulations.
You may download “Visa Regulations” from Visa’s website at: http://usa.visa.com/merchants/operations/op_regulations.html
You may download “MasterCard Regulations” from MasterCard’s website at https://www.mastercard.us/content/mccom/en-us/merchants.html
The responsibilities listed above do not supersede terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the Visa Member – BBVA Compass Bank – is the ultimate authority should the Merchant have any problems.
Merchant Payment Card Agreement Acceptance:
Each person signing below certifies that all information provided in this application is true, correct, and complete, and each person agrees to be bound by all provisions set forth in this document, including, but not limited to the Terms and Conditions, which is hereby incorporated by reference for all purposes.
(Terms and Conditions can be obtained by visiting https://www.merchantfoundry.com/s4atbv3/WLTC/TC_WL_9_28_18.pdf).
Each person authorizes the Bank or any credit reporting agency employed by the Bank
or any agent of the Bank, to make whatever inquiries the Bank deems appropriate to
investigate, verify or research references, statements or data obtained from the
Merchant for the purpose of this application or any application for accompanying
POS terminal(s) or equipment financing. An additional copy of the Terms and Conditions
will be sent to the business entity indicated above along with the welcome letter upon
approval of such business entity to accept payment cards by BBVA Compass Bank. Pursuant
to Section 8.1 of the Terms and Conditions, the initial term is for a length of three
(3) years and the Merchant Agreement will automatically renew for additional one (1)
year terms, unless terminated by any party upon written notice at least thirty (30) days
prior to the end of the then existing term. In the event MERCHANT terminates this Agreement
prior to the maturity date of the initial term, MERCHANT SHALL be liable to BANK for an early
termination fee equal to (i) $0.00 per location if terminated before completion of the first year of the Term; or (ii) $0.00 per
location if terminated after completion of the first year of the Term but prior to the end of the third year of the Term
(“Early Termination Fee”). For detailed information related to the termination rights and obligations set forth in this
Merchant Agreement, see Sections 2.14, 2.15, 2.17, 2.24, 2.27, 2.30, 2.34, 7.2, 7.3, Section 8 in its entirety 10.12
and 10.16, of the Terms and Conditions, which are a part of this Merchant Agreement.
Merchant Acknowledgements and Consents:
MERCHANT and each individual person signing below acknowledges and consents as follows:
a. The Terms and Conditions, which can be obtained at https://www.merchantfoundry.com/s4atbv3/WLTC/TC_WL_9_28_18.pdf,
together with this Merchant Processing Application constitute the AGREEMENT among the parties. MERCHANT is responsible
for reading and understanding the Terms and Conditions and agrees to be bound by all of their terms.
b. MERCHANT may be enrolled in Additional Services as defined and described in the Terms and Conditions, for which
applicable fees will be incurred. MERCHANT acknowledges and agrees that Additional Services are subject to the Merchant
Agreement, including the Terms and Conditions and documents referenced therein. The provisions of the Merchant Agreement
regarding Additional Services constitute an agreement solely between MERCHANT and PAYSAFE PAYMENT PROCESSING SOLUTIONS,
LLC, a Delaware limited liability company (“COMPANY”). MERCHANT specifically authorizes COMPANY and its affiliates to
collect fees and other charges applicable to Additional Services from MERCHANT’s ACH Account (as described above) in
accordance with their respective fee schedules as amended from time to time by COMPANY pursuant to the ACH Account.
The undersigned agree that the signature page of this Application shall also serve as the signature for the Merchant
Agreement as applicable to Additional Services, including fees and charges. MERCHANT may cancel Additional Services
and avoid further fees for such Additional Services by following the procedures described in Section 16.0 of the
Terms and Conditions or as otherwise explained in the applicable notice for Additional Services.
Resolution:
FOR ALL MERCHANTS WHO ARE LLCS, PARTNERSHIPS AND/OR CORPORATIONS – RESOLUTION - The indicated
officer/partner identified signing below has the authorization to execute the Merchant Payment
Card Agreement with BBVA Compass Bank on behalf of the herewithin named LLC, partnership or corporation.
The responsibilities listed above do not supersede terms of the Merchant Payment Card Application / Agreement
and are provided to ensure that Merchant understands some important obligations of each party. This Disclosure
page must be dated and signed by the Merchant's principal owner or authorized officer, whose signature confirms
that he/she has reviewed a copy of this document.
Do not sign below unless and until you have received and reviewed all pages of this Merchant Payment Card
Application/Agreement, Merchant Payment Card Application - Terms and Conditions and any other documents listed
above in the Application Preview section. I acknowledge that my signature below will be used to fill in all
signature locations on the documents listed above in the Application Preview section. I acknowledge that this
complete and legible Merchant Payment Card Application/Agreement has been provided to me and I agree to be bound
by its provisions. I understand that if this Merchant Payment Card Application/Agreement is approved by Processor,
I will comply with the Merchant Payment Card Application/Agreement, Merchant Payment Card Application - Terms and
Conditions for all transactions I process. I further acknowledge reading and agreeing to all terms in the Merchant
Payment Card Application - Terms and Conditions and any other documents listed above in the Application Preview section,
which shall be incorporated into the Agreement. I further understand that no strikeouts, interlineations, additions or
modifications to this preprinted Merchant Payment Card Application/Agreement may be made and that this Merchant Payment
Card Application/Agreement may be transmitted to or from Processor and/or retained electronically by Processor, which will
constitute an original. I understand that additional charges may apply and to refer to the Merchant Payment Card
Application/Agreement and the Merchant Payment Card Application - Terms and Conditions full details. I understand that
this Merchant Payment Card Application/Agreement is subject to approval by Processor and Bank. I declare that all of the
information contained in this Application is true and complete.