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GLOBAL PAYMENTS DIRECT, INC. DBA OPENEDGE/TSYS MERCHANT SOLUTIONS
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GLOBAL PAYMENTS DIRECT, INC. DBA OPENEDGE/TSYS MERCHANT SOLUTIONS
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Last modified
1/17/2023 11:47:35 AM
Creation date
1/17/2023 11:46:12 AM
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Contracts
Company Name
GLOBAL PAYMENTS DIRECT, INC. DBA OPENEDGE/TSYS MERCHANT SOLUTIONS
Contract #
A-2022-251
Agency
Finance & Management Services
Council Approval Date
12/20/2022
Expiration Date
12/31/2025
Insurance Exp Date
4/1/2023
Destruction Year
2030
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DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 <br />20. EXCHANGE OF INFORMATION. Merchant authorizes Global Direct to order a credit report on <br />Merchant. Merchant hereby authorizes Member or any depository institution to release any financial <br />information concerning Merchant or its accounts to Global Direct, Subsequent credit reports may be <br />ordered in connection with updating, renewing or continuing this Card Services Agreement. Upon the <br />written request of any individual who is the subject of a consumer credit report, Global Direct will <br />provide the name and address of the consumer credit reporting agency furnishing such report, if any. <br />Global Direct may exchange information about Merchant with Member, other financial institutions and <br />credit card associations, network organizations and any other party. Merchant hereby authorizes <br />Global Direct to disclose information concerning Merchant's activity to any card association, network <br />organizations, or any of their member financial institutions, or any other party without any liability <br />whatsoever to Merchant, <br />21, SEVERABILITY; CONSTRUCTION. If any provision of this Card Services Agreement or portion <br />thereof is held to be unenforceable, such a determination will not affect the remainder of this Card <br />Services Agreement. Paragraph headings are included for convenience only and are not to be used in <br />interpreting this Card Services Agreement. <br />22. NOTICES. All notices from Merchant to Global Direct or Member under this Card Services Agreement <br />shall be in writing and shall be sent by facsimile, by overnight carrier, or by regular or certified mail. All <br />notices sent to Global Direct or Member shall be effective upon actual receipt by the Corporate <br />Secretary of Global Payments Direct, Inc„ 3550 Lenox Road NE, Suite 3000, Atlanta GA 30326. Any <br />notices from Global Direct or Member to Merchant under this Card Services Agreement shall be <br />effective upon the earlier of actual receipt or upon sending such notice to the address provided by <br />Merchant in the Merchant Application or to any other e-mail or physical address to which notices, <br />statements and/or other communications are sent to the Merchant hereunder or via electronic posting <br />or notification accessible to Merchant on Global Direct's Merchant Portal <br />(https://reporting.globalpay.com/login) or any successor online reporting tool. The parties hereto may <br />change the name and address of the person to whom notices or other documents required under this <br />Card Services Agreement must be sent at any time by giving notice to the other party. <br />23. MERGER. This Card Services Agreement, including these Card Services Terms & Conditions and the <br />Merchant Application, constitutes the entire agreement between Merchant, Global Direct, and Member <br />and supersedes all prior memoranda or agreements relating thereto, whether oral or in writing. <br />24. EFFECTIVE DATE. If Merchant is receiving these Terms and Conditions as an amendment to an <br />existing Card Services Agreement, the Terms and Conditions shall be effective upon receipt. <br />Otherwise, this Card Services Agreement shall become effective only upon acceptance by Global <br />Direct and Member, or upon delivery of indebtedness at such locations as designated by Global Direct <br />for purchase, whichever event shall first occur. In either event, such date is referred to herein as the <br />"Effective Date." <br />25. DESIGNATION OF DEPOSITORY. The financial institution set forth in the Merchant Application is <br />designated by Merchant as a depository institution ("Depository") for its credit card indebtedness. <br />Such financial institution must be a member of an Automated Clearing House Association. Merchant <br />authorizes payment for indebtedness purchased hereunder to be made by paying Depository therefore <br />with Instructions to credit Merchant's Accounts, Depository, Member, and/or Global Direct may charge <br />any of Merchant's Accounts at Depository for any amount due under this Card Services Agreement. <br />Global Direct must approve in writing any proposed changes to the Account(s) or to the Depository. <br />Merchant represents and warrants that: (a) the Account(s) will always be in the same legal and DBA <br />(if applicable) name as Merchant's name on the Merchant Application; (b) Merchant will own and <br />maintain control of the Account(s) and will keep such Account(s) open at all times during the term and <br />as long as any Reserve Account is in effect; and, (c) the Account(s) will not be associated with any <br />
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