HomeMy WebLinkAboutAgreement nCourtDocuSign Envelope ID: 35E98622-FFFE-4454-BC9B-720205A70BF6
Court
Payments Made Easy
09/04/2016
Kittitas County Superior Court
205 W 5th Avenue
Ellensburg, Washington 98926
Attn : Val Barschaw, Kittitas County Clerk
Dear Ms. Barschaw:
As requested, this letter agreement ("Agreement") with Kittitas County Superior Court (hereinafter referred
to as the "Agency"), sets forth our mutual understanding of the terms and conditions pertaining to nCourt
LLC providing Kittitas County Superior Court with an electronic payment processing program.
For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows :
1. nCourt LLC ("nCourt") is a government services technology company that, among other things,
provides software that permits government agencies to collect citations , parking, utility, tax, and
other payments via our live, bilingual call center, online via the web or mob ile device and at the
counter with a credit or debit card (the "Program ").
2 , nCourt shall continue to host and maintain the Agency-specific website(s) for Kittitas County
Superior Court, www.kittitasclerk.com.
3. All costs for development, hosting, application, processing, customer service and merchant fees
related to the Program are underwritten by a 'user fee' included in the payment transaction as
follows :
• Payments made via our live, bilingual call center -7%
• Payments made online via the web or mobile device -5%
• Payments made at the counter via PCI compliant, EMV ready card readers -3.5%
• Recurring payments made via ACH -$1 .50 per payment
4. There is no cost to the Agency for the implementation and operation of the Program. Agency will
make resources available to assist nCourt in the timely launch of the payment processing
program . The expected "go live" date for the services contemplated in this Agreement is 45 days
from the execution of this Agreement.
5. nCourt will provide a secure website that will allow payers to enter their pertinent information,
e .g ., citation number and fine amount, and then proceed to pay with a credit or debit card.
6 . When a payment is authorized, nCourt will provide email notification to the Agency and will
update the Agency's Dashboard with the payment details . Agency employees will accept or reject
the payment in the Dashboard and, if accepted, update their databases with payment information .
7. The payer will be simultaneously advised via automated email that the transaction has been
completed and will receive further notification, when the Agency processes the payment in the
Dashboard .
8 . Payments are deposited daily into a government fees custodial account and transferred by ACH
electronic transfer to the Agency on a daily basis . The payment will be accompanied by a
9(:;~'i,.c, CUrX) P I::JCf3 Blvd :-<en neSiJ'v·V. (;.,6, 30144 Toll-Free: 8 ',)!:;.89''i 8065 Fax: 8/7 . .3;39 ,9908
OocuSign Envelope 10 : 35E98622-FFFE-4454-BC98-720205A70BF6
Court
Payments Made Easy
reconciliation detailing the payments included. Any money transfer fees will be absorbed by
nCourt.
9 . nCourt guarantees to Kittitas County Superior Court all fees collected, regardless of any
chargeback issues . In the case of suspected fraud , nCourt may, from time to time, reach out to
the Kittitas County Superior Court for assistance in pursuing resolution to suspected fraudulent
chargebacks. In such instances, the Agency agrees to provide reasonable assistance to nCourt in
these efforts. Such support may include providing documentation, call records, and/or in cases of
documented fraud, reinstatement of the underlying citation.
10. Upon completion of the solution, nCourt will provide the Agency with 2 VeriFone vx805 PCI
compliant, EMV ready credit card reader for taking payments at the counter. Upon receipt, this
hardware becomes the sole and exclusive property of the Agency. nCourt will facilitate
processing of any warranty claims on the EMV ready credit card reader during the manufacturers'
warranty period. Following the expiration of the manufacturers' warranty, nCourt will subsidize
the replacement of any defective or damaged EMV credit card reading device according to the
following schedule :
Rep lacement period
1 sl year fo ll owing warranty expiration
2 nd y~ar fo ll owing w arranty expirati on
3'd year foll owing warra nty expirati on
4th year fo ll owing warranty expJrati on and beyond
nCourt will pay x% of the replacement ·cost
25 %
50 %
75 %
100%
11. Upon notification of an over-or under-payment of any fine amount, nCourt will refund an
overpayment or notify the buyer via automated email of their under-payment and the remaining
amount due .
12. If there are designated payments which are ineligible for online payment, the Agency will be able
to reject the payment through the Dashboard. Payers will be notified by automated email.
13 . nCourt shall hold harmless, indemnify and defend Kittitas County Superior Court and all of his
officers , employees and/or officials from any and all liability, actions, claims , losses , damages or
other costs of whatsoever nature that may be asserted by any person or entity arising from or in
connection with the collection of payments by credit or debit card or through internet transactions
pursuant to the terms of this Agreement.
14 . nCourt shall provide a toll-free telephonic customer service function to ensure that members of
the public utilizing the Program have a satisfactory experience that does not require the
technological assistance of Agency personnel.
15 . In order to ensure high utilization of the Program and thereby further streamline payment
processing, the website address shall be printed on all invoices and a payment link to the nCourt
payment system will be established on the Agency's website. Links from other government
websites will also be explored . Additionally, Agency administrative staff should routinely advise
telephone callers of the Agency's website(s) which should create greater utilization and reduce
telephone inquiries to the Agency.
16. The disclaimer language to appear on the website is contained in Appendix A , attached hereto.
17 . This Agreement may be terminated by the Agency at will but with 90 days' prior notice.
95~:i}\ Cur:'c-1)!iJce Blvd KennesiJ \f!. C/\ ::;014 4 Toll-Free: t;::iS.S9S.8Cl6,) Fax: 817 389 990S
DocuSign Envelope ID: 35E98622-FFFE-4454-BC9B-720205A70BF6
Court
Payments Made Easy
18. This Agreement represents the final agreement of the parties. No amendment or modification of
this
Agreement shall be valid or binding upon either party unless made in writing and signed by the
party against whom it is to be enforced.
19 . This Agreement has been executed and delivered in the State of Washington, and all questions
with respect to the construction of this Agreement and the rights and liabilities of the parties
hereto shall be determined in accordance with the applicable provisions of the laws of the State of
Washington , without giving credence to the conflicts of law provisions thereof.
20. The parties acknowledge that they have executed this Agreement as of the date and year first
above written.
21. Citizen Notification can be made with nCourt automated text messaging service . In accordance
with the Telephone Consumer Protection Act of 1991, your citizens must consent to telephone
(call or text) communications related to the payment due Agency. It is Agency's sole responsibility
to obtain this consent and to provide nCourt with citizen telephone numbers. nCourt may only
provide outbound notification services to citizens who have elected to allow Agency to
communicate with them via phone or text.
Agreed and Accepted : •
BY :ot?~otZ
Title: fb4tt, e1l 4l..lt/
Date: If} / Lf II t~
nCourt LLC
8Y:[~'~
~8SC€:£3-159064C8 ..•
Title: Controll er
Date: 9/7/2016
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DocuSign Envelope ID: 35E98622-FFFE-4454-BC9B-720205A70BF6
urCourt
Payments Made Easy
APPENDIX A
To continue to pay your fee, fine, citation or other payment, you must accept the following TERMS OF USE. Please read
and fully understand the following terms and press the" ACCEPT TERMS" button to acknowledge that you have read and
accept these terms. Acceptance of these terms is required to continue to payment. If you do not accept these terms,
press "DECLINE TERMS" button to return to the Citation Search screen.
The systems in place for automated processing of information from this court have been tested thoroughly and are subject to
multiple levels of backup, confirmation and security. By using this automated payment system, USER acknowledges and
understands that errors may occur just as errors can occur with human processing of information. By using this service, you agree
that this is voluntary and that you (the "USER") understand that the convenience (or service) fee added to the payment(s) being
made are charged by the Provider to pay merchant processing fees, web hosting fees, administration and other costs and expenses
associated with providing this service , No part of the convenience (or service) fee benefits the court, the judge, any specific civil
service individual or any jurisdiction in which the charges or fees were levied, incurred or are being paid.
Other than in connection with processing the payment being made, to the fullest extent possible, identifying private information will
not be distributed in any way . No data records or other information will be used, released or sold to any third party. No information
will be released to any other party unless such party requires the information for purposes of processing or providing another service
essential to completing the transaction related to the payment(s) being made ,
nCourt, LLC (the "Company") agrees to use all reasonable efforts to provide accurate processing of information provided from court
files and to diligently distribute information provided by the USER to the court. nCourt, LLC cannot and does not guarantee the
accuracy or timeliness of any provided information provided and expressly disclaim any warranty, including merchantability and
fitness for a particular use under the Uniform Commercial Code of Georgia beyond the extent of the convenience (or service) fees
paid by the user of the service
nCourt, LLC has in place a comprehensive security plan and internal control plan which is designed to ensure the anonymity of
program user information . Further, access to such information is controlled and restricted to authorized personnel only. The
payment submission process uses Secure Sockets Layer (SSL) encryption to virtually eliminate the possibility of unauthorized
access to your private information while it is being transferred across the internet. Your personal financial data is NOT stored on
computers administered by the Company.
By submitting this information electronically, you agree to release the court, judge, civil service individuals or any jurisdiction in
which the charges or fees were levied, and nCourt, LLC, its principals, officers, directors, employees, agents affiliated companies,
successors and assignees (collectively the 'Providers') from any direct, indirect, punitive, incidental, special or consequential
damages ariSing out of or in any way connected to the use of the Program or with the delay or inability to use it, or for any
information, software, products and services obtained through this program, or otherwise arising out of the use of this program, the
internet generally, or on any other basis (whether based on contract, tort, strict liability or otherwise.) The Providers will not be
responsible for any security breaches or non-cornpliance with Federal or State law or terms of this agreement which results in any
act or omission of the USER or a third party unrelated to the negligence of the Provider.
The operation of this online payment program is based in Kennesaw, Georgia and any action of any nature against the company
must be brought in Cobb County, Georgia. You agree not to challenge the use of any electronic payment and additionally agree
that any action brought by the Provider(s) against you to enforce any electronic payment for which any benefit has been provided to
you in any way shall entitle the Provider(s) to per se probable cause for criminal action for theft of services or for civil recovery of all
fees paid, process fees, costs, attorney's fees, plus any incidental or associated damages proven by the Provider(s). Any such civil
actions shall be bought in the courts of Cobb County, Georgia, without regard to choice of law, and all parties consent to jurisdiction
and venue therein
Nothing herein is to be construed as legal counselor advice. Users should consult with their own legal counsel with respect to the
implications of making the payment through this system ,
Any purchases made by a USER from nCourt, LLC via the nCourt web services sites is NON-REFUNDABLE, in whole or in part,
once the payment has been submitted, confirmed and accepted by the court. If the submission is rejected by the court, refunds will
be processed via credit card, ACH or paper check . Any processing fees associated with the transaction are NON-REFUNDABLE .
To continue to pay your fee, fine, citation or other payment, you must accept the following TERMS OF USE. Please read
and fully understand the following terms and press the" ACCEPT TERMS" button to acknowledge that you have read and
accept these terms. Acceptance of these terms is required to continue to payment. If you do not accept these terms,
press "DECLINE TERMS" button to return to the Citation Search screen.
Please indicate your consent to these terms by pressing the 'Accept Terms' button .
Fax: g//,389 ~9908
DocuSign Envelope 10 : 35E98622-FFFE-4454-BC9B -720205A70BF6
Court
Payments Made Easy
nCourt LLC partners with Vantiv, LLC and Fifth Third Bank. Please sign the bottom of this form and return
it to us immediately as confirmation of understanding the terms and conditions of our service.
Kittitas County Superior Court understands that nCourt LLC will continue to provide customer support and
billing associated technology services. Kittitas County Superior Court hereby authorizes Vantiv, LLC . to
fund a bank account designated by nCourt LLC for your benefit and to make direct deposit of Visa,
MasterCard, and Discover funds into this account. Vantiv, LLC will debit an account owned and
designated by nCourt LLC : (1) for the discount fees , and other charges incurred in connection Kittitas
County Superior Court card processing; (2) for all chargebacks and adjustments; (3) for arbitration fees,
fines, penalties, etc. charged by the associations incurred as a result of Kittitas County Superior Court
card processing; and (4) for any other amounts described in the Sub-Merchant Agreement Terms and
Conditions. Kittitas County Superior Court has read , understands and agrees to be bound by the terms
and conditions of the Merchant Service Agreement attached hereto, which is hereby incorporated by
reference and may be modified or amended from time to time.
for
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• Co mplian ce Pol
A Poss ibleNOW Company
Qt·
p er Data Security Standards V3.1
This is to certify that this organization has completed a PCI nss
V3.1 assessment performed by CompliancePoint, a PCI Security
Council Qualified Security Assessor Company, and was found to
be compliant with the PCI Data Security Standards.
Customer
Web address
Category
Validation
Valid Until
: nCourt, LLC
: l,vww.ncourt.com
: Levell Service Provider
: December 1, 2015
: December 1, 2016
Conditions of issuing:
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