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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 and processes; and (iii) in accordance
<br />with 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 />sole 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 />indemnify 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 this
<br />Agreement. ALLPAID ACCEPTS NO
<br />RESPONSIBILITY FOR SECURITY OF PAYER
<br />DATA ON SYSTEMS OTHER THAN THOSE
<br />CONTROLLED BY ALLPAID. ALLPAID
<br />LIABILITY WITH RESPECT TO PAYMENTS
<br />PROCESSED HEREUNDER IS LIMITED TO
<br />MAIQNG PAYMENTS IN THE AMOUNTS
<br />AUTHORIZED. 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 DEFENDANT'S COURT
<br />APPEARANCE OR FULL SATISFACTION OF
<br />A FINANCIAL OBLIGATION. OTHER THAN
<br />WARRANTIES EXPLICITLY MADE IN THIS
<br />AGREEMENT, ALLPAID DISCLAIMS ALL
<br />WARRANTIES OR REPRESENTATIONS OF
<br />ANY KIND, EXPRESS OR IMPLIED. NEITHER
<br />PARTY SHALL BE LIABLE FOR INCIDENTAL,
<br />INDIRECT, PUNITIVE, OR CONSEQUENTIAL
<br />DAMAGES EVEN IF ADVISED OF THE
<br />POSSIBILITY OF SUCH DAMAGES.
<br />PARTICIPANT BEARS RESPONSIBILITY FOR
<br />ANY ADMINISTRATIVE ACTIONS IT MAY
<br />TAKE IN CONNECTION WITH SERVICES
<br />PROVIDED UNDER THIS AGREEMENT.
<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 />AltPaid Agree. No. XXXX ST -Name of Entity, 20YYMONDD
<br />(RllPah PAFosrn_rev1020MAR15 - GENERAL)
<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 for the payment
<br />of all taxes legally imposed upon its services.
<br />S. 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 through AllPaid
<br />of any types of payments, (iii) modify the service or
<br />equipment modes (from among Internet, telephone,
<br />Internet and telephone, Gov$wipe®, etc.), (iv) modify
<br />the account(s) to which AllPaid shall direct payments
<br />to Participant, or (v) add other agencies, departments
<br />or sub -agencies ("Affiliated Agencies") to, or delete
<br />Affiliated Agencies from Participant's use of any
<br />AllPaid services and equipment by specifying all such
<br />changes to AIlPaid in writing. Any such changes will
<br />be subject to AllPaid acknowledgment and acceptance
<br />in writing and any verification process AllPaid may
<br />require. For purposes of this subsection only, "in
<br />writing" shall mean via letter, facsimile, or email (if to
<br />AllPaid, to accountservices@allpaid.com). AllPaid
<br />reserves the right to adjust service and security levels
<br />as AllPaid reasonably deems necessary to maintain
<br />payment security and integrity.
<br />10. Gov$wipe. AllPaid will provide Participants that
<br />select 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 />A11Paid card readers are embedded with proprietary
<br />technology ("Firmware"). AllPaid grants Participant
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