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shall not deny services or employment on the basis of
<br />race, creed, color, national origin, sex, age, disability,
<br />sexual orientation, military status, marital status, or any
<br />other legally protected class; (ii) will comply with all
<br />applicable laws and regulations and the rules and
<br />procedures applicable to the credit and debit card
<br />brands it accepts andprocesses; and (iii) in accordancewith then-current PCI DSS requirements, will
<br />maintain proper security and responsibility for payer
<br />data while it is in AllPaid's possession, all at Allpaid's
<br />sol€ cost. Participant further warrants that
<br />Participant's decisions and instructions to Allpaid
<br />with respect to Payer responsibility for payment of all
<br />or any part of the Service Fee shall conform with
<br />applicable law.
<br />5. Indemnification and Disclaimers. Allpaid shall
<br />indemnifu and save harmless participant, its agents,
<br />officers, and employees from responsibility or liability
<br />for all damages, costs, expenses, (including reasonable
<br />attorney fees and defense costs) relating to death or
<br />bodily injury or damages to physical property directly
<br />resulting from AllPaid's performance under thisAgreement. ALLPAID ACCEPTS NO
<br />RESPONSIBILITY F'OR SECURITY OF PAYER
<br />DATA ON SYSTEMS OTI{ER TIIAN THOSE
<br />CONTROLLED BY ALLPAID. ALLPAID
<br />LIABILITY WTIII RESPECT TO PAYMENTS
<br />PROCESSED IIEREIJNDER IS LIMITED TOMAKING PAYMENTS IN TIIE AMOTINTS
<br />AU'IHORIZED. ALLPAID IS NOT A SURETY
<br />AND PROCESSING A PAYMENT THROUGH
<br />ALLPAID DOES NOT GUARANTEE ANY
<br />PARTICULAR OUTCOME INCLUDING, BUT
<br />NOT LIMITED TO, A DEF'ENDANT'S COURT
<br />APPEARANCE OR X'ULL SATISF'ACTION OF'
<br />A F'INANCIAL OBLIGATION. OTIMR TIIAN
<br />WARRANIMS EXPLICITLY MADE IN THIS
<br />AGREEMENT, ALLPAID DISCLAIMS ALL
<br />WARRANTIES OR REPRESENTATIONS OF
<br />AIYY KII\D, E)(PRESS OR IMPLIED. NEITIMR
<br />PARTY SHALL BE LIABLE F'OR INCIDENTAL,
<br />INDTRJCT, pftNTrTyE, OR CONSEQUENTIAL
<br />DAMAGES EVEN IT' ADVISED OF' TIMPOSSIBILITY OF' SUCH DAMAGES.
<br />PARTICIPAIIT BEARS RESPONSIBILITY FOR
<br />ANY ADMIIVSTRATIVE ACTIONS IT MAYTAKE IN CONNECTION WTIII SERVICES
<br />PROVIDED T]NDER TIIIS AGREEMENT.
<br />employer and employee between the parties or to
<br />provide either party with the right, power, or authority,
<br />expressed or implied, to create any such duty or
<br />obligation on behalf of the other party.
<br />7. Taxes. AllPaid shall be responsible forthe payment
<br />of all taxes legally imposed upon its services.
<br />8. Notices. All legal notices permitted or required by
<br />this Agreement shall be in writing and given to the
<br />respective parties in person, by first class mail, by
<br />recognized private courier, or by facsimile (with a hard
<br />copy following) directed to the address first stated in
<br />this Agreement or to such other person or place that
<br />the parties may from time to time designate (if to
<br />AllPaid, note "Attention: Account Services"). Notices
<br />and consents under this section shall be deemed to be
<br />received, if sent by mail or courier, five days following
<br />their deposit in the U,S. Mail or with such courier or,
<br />if sent by facsimile, when such facsimile is transmitted
<br />to the number the intended recipient provides and
<br />sender receives a confirmation that such facsimile was
<br />transmitted.
<br />9. SERVICE CHANGES: Participant is responsible
<br />for advising AllPaid as to the types of payments
<br />AllPaid is authorized to accept on participant's behalf
<br />(per the fees and conditions in Attachment,,A,,) and
<br />the type of service and equipment modes that will
<br />apply to each payment type. Participant may at any
<br />time (i) authorize AllPaid to accept additional types of
<br />payments, (ii) cancel the processing th.rough Allpaid
<br />of any types of payments, (iii) modi$, the service or
<br />equipment modes (from among Internet, telephone,
<br />Internet and telephone, Govgwipe@, etc.), (iv) modify
<br />the account(s) to which AllPaid shall direct payments
<br />to Participant, or (v) add other agencies, departments
<br />or sub-agencies ("Affiliated Agencies") to, or delete
<br />Affiliated Agencies from Participant,s use of any
<br />AllPaid services and equipment by specifuing all such
<br />changes to AllPaid in writing. Any such changes will
<br />be subject to AllPaid acknowledgment and acceptance
<br />in writing and any verification process Allpaid may
<br />require. For purposes of this subsection only, ,,in
<br />writing" shall mean via letter, facsimile, or email (if to
<br />AllPaid, to accountservices@allpaid.com). Allpaid
<br />reserves the right to adjust service and security levels
<br />as AllPaid reasonably deems necessary to maintain
<br />payment security and integrity.
<br />10. Gov$wipe. AllPaid will provide participants that
<br />selecl Gov$wipe with card readers and peripheral
<br />equipment (cables, etc.), which are and will remain the
<br />property of AllPaid. Participant understands that
<br />AllPaid card readers are embedded with proprietary
<br />technology ("Firmware"). AllPaid grants participant
<br />6. Independent Contractor. Allpaid shall provide all
<br />services to Participant as an independent contractor.
<br />Other than the limited agency of Allpaid to accept
<br />payments for Participant, nothing contained herein
<br />shall be deemed to create any association, partnership,
<br />joint venture, or relationship of master and servant or
<br />AllPaid Agree. No. XX)O( ST-Name of Entity, 20yyl4ONDD
<br />(AllP aid_PAFo m_rev21 21MAR( S - GENEML)Page 2 of 5
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