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12/16/09 <br />Chris Laugenour <br />Santa Ana City Jail <br />62 Civic Center Plaza <br />Santa Ana, CA 92702 <br />RE: KCN Deposit Services: Letter of Understanding <br />Dear Chris: <br />This letter serves to outline the responsibilities of both Keefe Commissary Network (KCN) and Santa Ana City Jail with regard to <br />deposit services. Due to the complexity of accepting/transferring funds, we have described this service in greater detail below. <br />1. Payment Methods. KCN shall support the following "Payment Methods" for facilitating deposits into Inmate Accounts: <br />a. Online Website. Described as, any public or personal computer user shall have the ability to visit a website to make <br />deposits using any card carrying the MasterCard or Visa logo. <br />b. Call Center. Described as, any personal or public phone user shall have the ability to call a toll-free number to <br />make deposits using any card carrying the MasterCard or Visa logo. <br />2. Responsibilities of KCN. <br />a. KCN shall receive payments from the public, directed to inmates of Client via the KCN electronic payment service <br />b. KCN will transfer payment files to Client on a daily basis. KCN will deliver payments to Client by the second <br />business day following (but not including) the day of the transaction by means of an Electronic Funds Transfer <br />("EFT") to Client's designated bank account. <br />c. KCN shall provide Client with daily payment information via the KCN Client interface. <br />d. KCN shall be responsible for responding to and resolving inquiries and complaints from senders of funds arising out <br />of KCN's failure to timely transmit any payment to Client. <br />e. KCN shall provide sufficient promotional material to be posted in each housing and public area of Client. <br />f. KCN agrees that it shall, to the full extent allowed by law, assume all liability, responsibility and risk of loss <br />associated with its breach of our Agreement and/or its negligence in the performance of its duties hereunder. <br />3. Responsibilities of the Client. <br />a. Client will provide KCN with the required bank account information for transmission of an Electronic Funds <br />Transfer ("EFT"). Client agrees to notify KCN, in writing, giving fourteen (14) days notice, of any changes to the <br />bank account information. The address for this notifications is as follows: <br />Keefe Commissary Network, LLC. <br />Attn: Controller <br />10880 Lin Page Place <br />St. Louis, Missouri 63132 <br />Email: chunter.iUkeefea ou coin <br />b. Client will, upon receipt of written/documented proof of overpayment, promptly refund any overpayment made by <br />KCN, for any reason. This is to include duplicate payments, payments refunded to Customers by KCN and any <br />incorrect payments. At KCN's option and in lieu of foregoing, KCN may offset any such overpayments from future <br />payment amounts transmitted by KCN to Client and notify Client of any such offset. <br />c. Client will promptly report receipt of each payment to the designated inmate in accordance with Client policy. <br />d. Client will be responsible for resolving any inquiries or complaints arising from Client's failure to promptly and <br />properly credit the inmate's account. <br />e. Client agrees that it shall, to the full extent allowed by law, assume all liability, responsibility and risk of loss <br />associated with its breach of our previous Agreement and/or its negligence in the performance of its duties <br />hereunder. <br />4. Fees and Charges. KCN shall apply "Service Fees" to all payments in accordance with the fee structure located in <br />Attachment A. All fees shall be assessed to the depositor. <br />5. Taxes. Each party shall be responsible for calculating, collecting and remitting their own federal, state and/or local taxes <br />associated with the deposit services. <br />