MERCHANT ECHECK/ACH APPLICATION & AGREEMENT

This Agreement is between YOU (Merchant), and PayToo Corp., d/b/a PayToo ® and PayToo Merchant Services Corp a/k/a d/b/a Go.PayToo (hereinafter “PayToo”) and its Originating Depository Financial Institution (“ODFI”) and/or Third Party Processor is entered into on the date signed and accepted by all parties.  These Terms and Conditions and the Merchant Application constitute the entire agreement between PayToo and merchant with respect to the subject matter hereof.

PayToo is providing merchant access to a web-based E-WALLET/CREDIT CARD/ECHECK/ACH Platform for the purpose of originating debit and credit transactions through the PayToo Payment as an Electronic Funds Transfers (“EFT”) or a Processing acquiring system.  Merchant acknowledges that all transactions will be originated in accordance with these terms and conditions and the National Automated Clearing House Association (“NACHA”) Rules and Regulation (Rules), as periodically amended, and any other government regulations that may relate to ECHECK/ACH originations or Credit Card payment and E-Wallet payment.



PayToo will be providing payment at 100% face value for all NSF or CHARGE BACK returned items that are not greater than the contractual amount mutually agreed upon and are compliant with the following:

- Customer Full Name
- Residence Address
- Home Telephone Number (including Area Code)
- Driver’s License Number (including State)

Corporate and personal credit and criminal background inquiries on both the legal entity contracting for payment services with Processor and the designated Principals of that entity are required for all private corporations and certain not for profit organizations (501 C-3 Tax Entities). The objective of these inquiries is to confirm that the entity and principals meet Processor’s qualifications to originate Automated Clearing House (“ACH”) Electronic Funds Transfer (“EFT”) debit and credit transactions and to comply with Processor’s and its affiliated bank’s Office of Foreign Asset Control (“OFAC”) and Know Your Customer (“KYC”) requirements. All inquiries and information is for the sole purpose of determining Merchant qualifications, to comply with Federal Regulations and act in concert with payments and financial services industry “best practices”. The acquisition of all such information shall be in strict compliance with the Fair Credit Reporting Act (“FRCA”) and Bank Secrecy Act (“BSA”).
By signing this Agreement, the principal(s) of the applying entity and as an authorized officer of such, hereby authorizes Processor to conduct the credit and background inquiries for the above stated purposes.
Merchant authorizes Processor to collect fees and charges via the Automated Clearing House (“ACH”) system  as an Electronic Funds Transfer (“EFT”) debit from the bank account(s) indicated herein on a periodic basis as they become due and payable (“Settlement(s)”), and signer(s) attests to be a duly authorized signatory on the bank account indicated for such transactions. Settlements include Offset debit entries as a prefunding requirement to transmit credit entries submitted by Merchant; Fee Settlement to debit Merchant for Fees and Charges as agreed; File Settlements to debit or credit the Merchant for entries that Merchant previously submitted to the PayToo ECHECK/ACH Processing Platform for transmission through the ECHECK/ACH System; Late Return Settlements for settling returned transactions, which were returned after a File Settlement was originated and transmitted to the Merchant’s designated account.  PayToo will notify Merchant by electronic mail (‘email”) when debit or credit entries for Settlement purposes are originated.  Merchant also understands that they are responsible for notifying their bank of this authorization in order to avoid returned transactions due to the bank filters or any other such services that the Merchant has with their bank that would result in a dishonored transaction.
Upon acceptance of this Application/Agreement, PayToo will immediately initiate a debit entry to the above account for the Application and Setup fees.
Signer(s) asserts that he or she is a duly authorized officer or representative of Merchant.

Merchant Addendum – Automated Clearing House (ECHECK/ACH) Agreement

PLEASE CAREFULLY REVIEW THIS TERMS AND CONDITIONS, WHICH ARE HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE. BY SIGNING ELECTRONICALY YOU (I) REPRESENT AND WARRANT THAT YOU HAVE FULL POWER AND AUTHORITY TO BIND THE PARTY ON WHOSE BEHALF YOU SIGN; (II) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THOSE TERMS AND CONDITIONS AND (III) AGREE TO ACCEPT ELECTRONIC NOTIFICATION OF ANY CHANGES TO THOSE TERMS AND CONDITIONS.  CONTINUED ORIGINATION OR ACCEPTANCE OF DEBIT OR CREDIT ENTRIES FROM OR BY COMPANY OR ITS THIRD-PARTY SENDER AFTER RECEIVING NOTIFICATION OF CHANGES TO THE TERMS AND CONDITIONS WILL CONSTITUTE MERCHANT’S ACCEPTANCE OF THE CHANGES AND ITS AGREEMENT TO THE CHANGED TERMS AND CONDITIONS.

Agreement as to obtaining authorizations for ECHECK / ACH Payments
Regulations governing origination of an ECHECK/ACH debit payment require that the Originator (You the Merchant) have and retain evidence that the Payer duly authorized the payment. This proof of authorization can be in the form of:  

a. A written purchase, service, membership or subscription agreement signed by the Payer;
b. A Voice recording verifying a verbal authorization;
c.  An email confirmation sent to the Payer prior to the effective date of the debit;
d. A digital copy of the Payer and Payment details supplied over the internet by the Payer indicating authorization when the transaction is initiated online.

In the event of a claim by a Payer that they did not authorize an ECHECK/ACH debit originated by you Processor may require that we retrieve from you one of the above Proof of Authorizations. YOU MUST BE ABLE TO PROVIDE THIS UPON REQUEST BY PROCESSOR within seven (7) business days. Failure to provide a Proof of Authorization may result in termination of your Merchant Account and is considered to be a material breach of the ECHECK/ACH Processing Agreement.

I/We agree to insure that valid Proof of Authorizations are acquired from Payers prior to the initiation of an ECHECK/ACH item and that I/We shall not intentionally or knowingly originate an ECHECK/ACH debit item utilizing the ECHECK/ACH System wherein authorization from the Payer was not provided. Furthermore, I/We agree to maintain any and all Proof of Authorizations for a period of two (2) years from the date of the transaction and provide such to Processor upon demand.

By this Electronic signature(s) below the applicant(s) hereby attest under penalty of perjury that the
information contained herein is true and correct.

The applicant(s) expressly grant permission for PayToo Corp. / Third Party Processor/ Third Party Sender / ODFI and any other
service provider to verify information regarding the personal and business information referenced in this application,
which includes but is not limited to: personal and business credit reports, public record searches, bank and trade verifications,
and other risk analysis as deemed necessary.