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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 />ofter 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 />brurds 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 aud inshuctions 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. Indemnilication and Discleimers. AllPaid shall
<br />indemnifr and save harmless Participant, its agents,
<br />officers, and employees from responsibility or liability
<br />for all damages, costs, expcnses, (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 />RESPONSIBILXTY FOR SECTJRITY OF PAYER
<br />DATA ON SYSTEMS OTIIER THAN THOSE
<br />CONTROLLED BY ALLPAJD. ALLPAID
<br />LIABILITY WTTH RESPECT TO PAYMENIS
<br />PROCESSED IIEREI.'NDER IS LIII{ITED TO
<br />MAKING PAYMENTS IN TIIE AMOUNTS
<br />AT]TIIORIZED. ALLPND IS NOT A SURETY
<br />AND PROCESSING A PAYMENT THROUGH
<br />ALLPND DOES NOT GUARANTEE AIry
<br />PARTICULAR OUTCOME INCLUDING, BUT
<br />NOT LIMITED TO, A DEFENDAIYT'S COURT
<br />APPEARANCE OR FULL SATISTACTION OF
<br />A FINAIICIAL OBLIGATION. OTIIER TIIAN
<br />WARRANTMS EXPLICITLY MADE IN THIS
<br />AGREEMENT, ALLPAID DISCLATMS ILL
<br />WARRANTIES OR REPRESENTATIONS OF
<br />Atly KI|{D, EXPRESS OR IMPLIED. I\IEITIIER
<br />PARTY SHALL BE LIABLE FOR INCIDENTAL,
<br />TIYDIRECT, PIJnIITM, OR CONSEQIIENflAL
<br />DAMAGES EVEN IF ADVISED OX' TIIE
<br />POSSIBILITY OX' SUCH DAMAGES.
<br />PARTICIPANT BEARS RESPONSIBILITY X'OR
<br />ANY ADMII\ilS'TRATIVE ACTIONS IT MAY
<br />TAKE IN CONITECTION WTNI SERVICES
<br />PROVIDED I]NDER TIIITI AGREENMNT.
<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 />paSrments for Participant, nothing sontained herein
<br />shall be deemed to create any association, partnership,
<br />joint venfure, or relationship of master and servant or
<br />ST-Name of Entity, 20YY-IYIONDD
<br />.GENEML)
<br />employer and employee between the parties or to
<br />provide either parfy with the right, power, or authority,
<br />expresscd or implied, to creat€ any such duty or
<br />obligation on behalf of the other party.
<br />7. Tares. AllPaid shall be responsible for the payment
<br />of all ta:<es legally imposed upon its services.
<br />8. Notices. AII legal notioes 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 />recognizedprivate cowier, orby facsimile (with ahard
<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 />reccivcd, if sent by mail or cowier, five days following
<br />their deposit in the U.S. Mail or with such courier or,
<br />if sentby facsimile, when such facsimile is hansmitted
<br />to the number the intended recipient provides and
<br />sender receives a confirmation that such fassimile was
<br />tansmitted.
<br />9. SERVICE CIIANGES: 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 Attachmcnt "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) modifi the service or
<br />equipment modes (from among Internet telephone,
<br />Intemet and telephone, Gov$wipe@, etc.), (iv) modifu
<br />the account(s) to which AllPaid shall direct payments
<br />to Participant or (v) add other agencies, deparfrnents
<br />or sub-agencies ("Afiiliated Agencies") to, or delete
<br />Affiliated Agencies from Participant's use of any
<br />AllPaid services and equipment by specifring all such
<br />changes to AllPaid in writing. Any such changes will
<br />be subject to AllPaid acknowledgment and acceptrance
<br />in writing and any verification process AllPaid may
<br />require. For purposes of this subsection only, "in
<br />writing" shall mean via letter, facsimile, or email (if to
<br />AllPaid, to accountservices@allpaid.com). AllPaid
<br />ros€ryes the right to adjust service and security levels
<br />as AllPaid reasonably deems necessary to maintain
<br />payment security and integrity.
<br />10. Govtwipe. AllPaid will provide Participants that
<br />select Gov$wipe with card readers and peripheral
<br />equipment (cables, etc.), whioh 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 Pafiioipant
<br />AllPaid Agree. No. )OOO(
<br />(Al I P o i d_PAF o m 1n 2 0 2 0IvIAR I 5
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