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HomeMy WebLinkAboutVIII-14 Approve Contract Addendum - BS&A Payment Module City Council Memorandum To: Mayor Fasbender & City Council members From: Chris Eitemiller, Finance Manager Date: August 19, 2024 Item: BS&A Payment Module Contract Addendum Council Action Requested: Approve contract addendum for the BS&A payment module. Background Information: Prior to implementation of the new BS&A financial system, the City was presented with the option to add the BS&A module to accept payments, which we did. This required an addendum to the City’s contract with the vendor. Financial Impact:  There is no cost to the City. All expenses will be paid by customers via transaction convenience fees. Committee Discussion: Not Applicable Attachments:  BS&A Integrated Payments module contract addendum. VIII-14 —1— Integrated Payments Addendum This Addendum (“Addendum”) supplements the Customer Agreement entered into by and between BS&A Software, LLC (“BS&A”) and the City of Hastings, MN (“Customer”) together with the BS&A Customer Terms and Conditions (collectively, the “Agreement”). Effective as of May 13, 2024. Payment processing services accessible through an integration with BS&A’s platform are provided by BS&A’s designated payment processor, as BS&A may designated from time to time (“Processor”). As of the effective date of this Addendum, the Processor is Stripe, Inc. (“Stripe”). This Addendum will apply if Customer sets up an account with the Processor (with Stripe as processor, such account is referred to herein as the “Stripe Connected Account”), to receive payment processing services from Processor (“Payment Processing Services”) through such integration. Capitalized terms used but not defined here will have the meanings given to them in the Agreement or in the Stripe Agreements (defined below). 1. Payment Processing Services 1.1 Processor Agreements. As of the effective date of this Addendum, use of the Payment Processing Services is subject to the Stripe Services Agreement, the Stripe Privacy Policy, and other terms and conditions of Stripe, as each may be updated or modified by Stripe from time to time (collectively, the “Stripe Agreements”). Customer may not use any Payment Processing Services until Customer agrees to the Stripe Agreements, and by agreeing to this Addendum, Customer expressly (a) accepts and agrees to the Stripe Agreements, and (b) authorizes BS&A to capture Customer’s electronic or digital acceptance of the Stripe Agreement and provide proof of such acceptance to Stripe as may be requested by Stripe. Customer understands that the Stripe Agreements are solely between Customer and Stripe, and the Payment Processing Services are provided solely by Stripe. BS&A is not a party to the Stripe Agreements, has no control over the Payment Processing Services and the Stripe Agreements, and will have no liability under the Stripe Agreements or in any way relating to the Payment Processing Services. Customer is responsible for checking for applicable updates to the Stripe Agreements from time to time, and any use by Customer of the Payment Processing Services following a change to the Stripe Agreements shall constitute acceptance of such change. 1.2 Customer Information and onboarding. Customer will follow the onboarding procedures and policies provided by BS&A and Stripe (as may be amended from time to time), and Customer will provide all requested information. All information provided by Customer to BS&A must be truthful and accurate. Customer acknowledges that Processor has the ultimate decision whether to approve Customer for the Payment Processing Services. 1.3 Transaction Processing and Settlement. Transactions are processed by Processor, not BS&A. Stripe (or its partner banks) will settle Transaction proceeds to Customer’s designated bank account in accordance with the Stripe Agreements. Customer acknowledges and agrees that its processed transactions may be deposited into to a pooled account held for the benefit of Customer and other customers of BS&A held at any financial institution so that such funds may be combined and aggregated with other funds that are ultimately settled to Customer by such financial institution. Customer understands and agrees that BS&A does not process, receive, or hold Customer funds at any time and that BS&A is not a bank, money transmitter, or other money services business (as such terms are defined by the Bank Secrecy Act or any state law). To the extent BS&A is deemed to hold or receive funds (constructively or otherwise) of any customer of Customer at any point in time, Customer hereby irrevocably appoints BS&A as its non-fiduciary agent for the limited purpose of collecting, receiving, VIII-14 —2— holding, and settling funds from Customer’s customer (the cardholder) on Customer’s behalf. In such event, such funds shall be deemed received by Customer upon receipt by BS&A and shall satisfy the cardholder’s obligation to Customer in connection with the transaction for the goods or services sold by Customer. If BS&A fails to remit such funds to Customer, Customer’s sole recourse for such event is solely against BS&A and not against the cardholder or the cardholder’s financial source. 1.4 Data Usage and Sharing. Customer authorizes BS&A to (a) access and receive data relating to Customer’s Stripe Connected Account (as such term is defined in the Stripe Agreements), including transaction and usage data and other data about the Stripe Connected Account; (b) share data regarding the Stripe Connected Account, related activity and other Customer data with Stripe in connection with the Payment Processing Services; and (c) issue instructions to Stripe regarding Transactions and funds processed by Stripe. Customer agrees to complete and submit any additional authorization forms or other such documentation as requested by BS&A or Stripe. 2. Payment Terms 2.1 Fees. The fees for the Payment Processing Services will be as set forth in Schedule A of this Addendum and will be automatically debited by BS&A via ACH from the depository account designated by Customer that is on file with BS&A (“Customer Account”). Customer hereby authorizes BS&A, Processor, their financial institutions and any of their assignees to collect amounts owed under this Addendum (including, but not limited to, the fees for the Payment Processing Services set forth on Schedule A and any liabilities arising under this Addendum) by debiting funds from the Customer Account (“ACH Debit Authorization”). All payments are non-refundable. If Customer fails to make any payment when due (or any ACH Debit of the Customer Account is returned or rejected for any reason), late charges will accrue as permitted pursuant to Section 7.1 of the Agreement. For clarity, any fees or payment terms that may be posted on Stripe’s website for Stripe’s direct customers are not applicable. All fees are exclusive of any applicable taxes, unless otherwise provided. Customer agrees that all ACH transactions authorized pursuant to this authorization comply with all applicable laws and with the Network Rules (including the Nacha Operating Rules). Notwithstanding anything to the contrary in the Agreement, fees for the Payment Processing Services can be amended upon thirty days notice to Customer. 2.2 Disputes. If Customer believes that there is an error in any statement provided by BS&A or any information reported by BS&A regarding a Transaction, or any error made in the amount of a payment or settlement, Customer must notify BS&A within thirty (30) days of Customer’s discovery of the error or it will waive such claim. 2.3 Tax Reporting. BS&A may send documents to Customer and the Internal Revenue Service (IRS) or other tax authority for Transactions processed using the Payment Processing Services. BS&A may have tax reporting responsibilities in connection with the Payment Processing Services such as an Internal Revenue Service report on Form 1099-K (which reports Customer’s gross transaction amounts each calendar year to the IRS), or state or other taxing authority requirements. Customer acknowledges that BS&A or Stripe (as determined in their sole discretion) will report the total amount of transactions received by Customer in connection with the Payment Processing Services each calendar year as required by the taxing authorities. Customer will cooperate with BS&A and Stripe in providing accurate and complete tax reporting information, including any other information that may be required by the taxing authorities to fulfil tax reporting described herein. Customer represents and warrants that all information that it submits for tax reporting purposes is complete and accurate to the best of its knowledge, and that BS&A and Stripe may rely on all such information submitted by Customer. VIII-14 —3— Customer agrees that neither Stripe nor BS&A will be liable for any penalty or other damages stemming from any 1099-K form that is issued incorrectly if it comports with the information provided by Customer, and neither Stripe nor BS&A will have any obligation to verify the legal name or tax ID number for reporting purposes. Customer understands and agrees that BS&A and Stripe may submit tax reporting information exactly as provided by Customer. Notwithstanding the foregoing, BS&A or Stripe may in their sole discretion investigate or validate any tax reporting information or other information submitted by Customer. 2.4 Electronic Delivery of Tax Documents. In connection with the tax reporting activities described above, Customer may elect to receive electronic delivery of the referenced tax-related documents from BS&A or Stripe, including through BS&A’s platform or another online portal whereby Customer can access and download the applicable statements. If Customer elects to receive tax documents electronically, it will provide such consent by clicking an “I Accept” or similar button or checking a box captioned with acceptance and consent language (“Tax E-Delivery Consent”). The Tax E-Delivery Consent will remain in effect until withdrawn by Customer. The Tax E-Delivery Consent may be printed or downloaded. If Customer does not specifically consent to the electronic delivery of tax-related documents, Customer will receive paper copies of all required tax-related documents, including Form 1099-K. BS&A or Stripe will notify Customer once the applicable tax forms become available via the email address BS&A has on file for Customer. 3. Compliance 3.1 Laws and Rules. Customer agrees to comply at all times with all applicable laws and regulations as well as the rules and regulations of all applicable payment networks (“Network Rules”), including industry standards such as the Payment Card Industry Data Security Standards (“PCI-DSS”). Additional data protection standards and policies which Customer must comply with are set forth in the Stripe Agreements. Furthermore, Customer acknowledges and agrees that it is fully responsible for all acts and omissions of its employees, contractors, and agents and will ensure their compliance with all laws and Network Rules as well as Customer’s other obligations under this Addendum and the Stripe Agreements. 3.2 Customer’s Business. Customer understands that any transactions involving Customer’s goods or services which are processed through the Payment Processing Services pursuant to this Addendum (“Transactions”) are between Customer and its customer (the cardholder), and any issues relating to a Transaction are solely between Customer and the cardholder. Customer is solely responsible for all liabilities associated with Customer’s payment processing activity and use of the Payment Processing Services, including without limitation with respect to chargebacks, refunds, identity theft, fraud and any assessments or fees imposed by Stripe, a sponsor bank, the card networks or any third party. Customer is responsible for determining what, if any, taxes apply to the goods and services Customer provides to its cardholders and the payments Customer makes or receives, and it is Customer’s responsibility to collect, report and remit the correct tax to the appropriate tax authority. Customer will comply with any and all applicable tax laws, including those in connection with Transactions. 3.3 Prohibited Activities. Customer will not use the Stripe Connected Account for any activity prohibited by Stripe, including but not limited to those activities listed in the section of Stripe Services Agreement titled “Services Restrictions” or those activities listed in the Stripe Restricted Businesses List. Customer shall not use the Payment Processing Services to conduct a Restricted Business or transact with a Restricted Business. Customer may not use the Payment Processing Services in breach of the Connected Account Agreement or for any activity that applicable law or the Stripe Agreements prohibit. VIII-14 —4— 3.4 Fraud Monitoring. BS&A and Stripe may monitor Transactions for the purpose of determining fraudulent activity and whether Customer is in good standing. Such monitoring if conducted, will be for the benefit of BS&A and/or Stripe only. BS&A does not have any obligation to monitor Transactions on Customer’s behalf. Based on BS&A’s methods, which are subject to change without notice, BS&A may decide to suspend Customer’s access to the Payment Processing Services, or in other ways limit Customer’s privileges to the extent BS&A deems necessary or useful to prevent fraud or losses. Without limiting the foregoing, BS&A may delay, in its sole discretion, or at the direction of Stripe sending instructions on Customer’s behalf if BS&A reasonably believes that Customer’s instructions may involve fraud or misconduct, or violate applicable law, rule, regulation, order, this Addendum, or other applicable BS&A or Stripe policies, as determined by BS&A or Stripe in their sole and absolute discretion. 3.5 Cardholder Fee Programs. If Customer elects to impose a fee on cardholders with respect to Transactions (including a surcharge for credit cards, a convenience fee, service fee or other similar type of fee) or implement a discount based on the type of payment method used for a Transaction (including cash, check, or ACH) (collectively, “Cardholder Fee Program”), Customer must first seek approval from BS&A. Customer is solely responsible for its compliance with all applicable Network Rules and all present and future federal and state laws and regulations relating to any such Cardholder Fee Program and any required consumer disclosures related thereto. Although BS&A may, in its discretion, assist Customer with disclosures and practices relating to such Cardholder Fee Programs, BS&A’s provision or approval of any materials or practices shall not be deemed a confirmation that such materials or practices comply with the Network Rules or applicable law and shall not in any way relieve Customer from its responsibility to ensure that all program materials and practices comply with the Network Rules and applicable law. Customer must provide BS&A with at least at thirty (30) days prior written notice before implementing (or announcing publicly that it intends to implement) any Cardholder Fee Program that would be considered a surcharge program under the Network Rules. 4. Chargebacks 4.1 Chargebacks. If BS&A determines in its sole discretion that Customer is incurring excessive chargebacks, BS&A may establish controls or conditions governing Customer’s use of the Payment Processing Services, including without limitation, by (a) establishing new fees, (b) instructing Stripe to require a reserve, (c) instruct Stripe to delay payouts, and/or (d) terminating this Addendum and access to the Payment Processing Services. Notwithstanding anything to the contrary herein, for any Transaction that results in a chargeback, BS&A may direct the withholding of the chargeback amount and any associated fees. Customer authorizes BS&A to deduct or debit the amount of any chargeback and any associated fees, fines, or penalties assessed by a third party, from Customer’s Account or offset from any amounts otherwise due to Customer. Further, if BS&A reasonably believes that a chargeback is likely with respect to any Transaction, BS&A may instruct Stripe to withhold the amount of the potential chargeback from payments otherwise due to Customer until such time that: (a) a chargeback is assessed, in which case BS&A will retain the funds; (b) the period of time under applicable law or Rule by which the cardholder may dispute the Transaction has expired; or (c) BS&A determines that a chargeback on the Transaction will not occur, in which case BS&A will instruct the release of the withheld funds to Customer. If BS&A is unable to recover funds related to a chargeback for which Customer is liable, BS&A may set off or debit Customer’s Account for the full amount of the applicable chargeback, or, if BS&A is unable to do so, Customer shall pay BS&A the amount of such chargeback and any associated fees, fines or penalties immediately upon demand. Customer will pay all costs and expenses, including without limitation attorneys’ fees, other legal expenses, and handling fees incurred by or on behalf of BS&A in connection with the collection of all chargebacks. This section will survive VIII-14 —5— termination of this Addendum. Additional chargeback terms and requirements are set forth in the Stripe Agreements. 4.2 Investigations. BS&A is not obligated to intervene in any dispute arising between Customer and cardholders. Notwithstanding anything to the contrary herein, if BS&A needs to conduct an investigation or resolve any pending dispute related to chargebacks or Transactions, Customer will assist BS&A when requested, at Customer’s expense, to investigate such Transactions. Customer will timely submit all applicable information, documentation, or evidence related to such chargeback to BS&A, within the timeframe instructed by BS&A, necessary for BS&A to meet card network timelines for submitting evidence and responding to a chargeback. Customer authorizes BS&A to share information about a chargeback with the cardholder, the cardholder’s financial institution and Customer’s financial institution in order to investigate or mediate a chargeback. BS&A will request necessary information from Customer to contest the chargeback. If a chargeback dispute is not resolved in Customer’s favor by the card network or issuing bank or Customer chooses not to contest the chargeback, BS&A may recover the chargeback amount and any associated fees. Customer acknowledges that its failure to assist BS&A in a timely manner when investigating a Transaction, including providing necessary documentation within the time period specified in BS&A’s request, may result in an irreversible chargeback. BS&A will charge a fee as set forth in the applicable price schedule for mediating or investigating chargeback disputes, in addition to any other chargeback fees set forth in this Addendum or the Agreement, if applicable. BS&A reserves the right to change such fee at any time. If BS&A reasonably suspects that the Customer’s access to the BS&A platform or Payment Processing Services has been used for an unauthorized, illegal, or criminal purpose, Customer gives BS&A express authorization to (but understands that BS&A is not obligated to) share information about Customer and any Transactions with law enforcement. 5. Liability 5.1 Indemnification. 5.1.1 In addition to the indemnification obligations under the Agreement, Customer will indemnify and hold harmless BS&A and its officers, affiliates, and representatives from and against any and all losses, damages, claims, assessments, chargebacks, fees, and other amounts incurred arising out of or in any way related to: (a) Customer’s breach of any of its representations, warranties or covenants in this Addendum; (b) the Stripe Agreements or Customer’s use of the Payment Processing Services, including all activity on Customer’s Stripe account; (c) Customer’s violation or non-compliance with any applicable law, rule, regulation, order, or Network Rules (including non-compliance of PCI-DSS); (d) all Merchant Losses (as defined in the Stripe Agreements); (e) Customer’s implementation of a Cardholder Fee Program; and (f) Customer’s gross negligence or willful misconduct. 5.1.2 In addition to the indemnification obligations under the Agreement, BS&A will indemnify and hold harmless Customer and its officers, affiliates, and representatives from and against any and all losses, damages, claims, assessments, chargebacks, fees, and other amounts incurred arising out of or in any way related to: (a) BS&A’s breach of any of its representations, warranties or covenants in this Addendum; (b) BS&A’s violation or non- compliance with any applicable law, rule, regulation, or order; and (c) BS&A’s gross negligence or willful misconduct. 5.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BS&A, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO CUSTOMER OR ANY VIII-14 —6— OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BS&A IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, CUSTOMER AGREES AND ACKNOWLEDGES THAT ANY ASSESSMENT, FINE, PENALTY, FEE, OR OTHERWISE IMPOSED BY STRIPE, A BANK, A CARD NETWORK OR A GOVERNEMNT AGENCY OR REGULATOR WILL BE DEEMED TO BE A DIRECT DAMAGE AND NOT INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL. 5.3 Force Majeure. BS&A is not responsible for any delay or failure in performing its obligations under this Addendum, in whole or in part, for any cause or circumstance outside its reasonable control, including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, pandemics, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, failures of Processor or other third party provider, DDoS or other computer attacks, incompatible or defective equipment, software, or services, or otherwise. 6. Term and Termination 6.1 Term. This Addendum will be effective on the date that BS&A approves Customer for the Payment Processing Services and will continue for one (1) year unless earlier terminated in accordance with this section. This Addendum will automatically renew for consecutive one (1)-year renewal terms unless either party gives the other party written notice of non-renewal no less than sixty (60) days before the end of the then-current term. 6.2 Termination. This Addendum will automatically terminate upon termination of the Agreement. 6.3 Termination . In addition to the termination rights set forth under the Agreement, either party will have the right to terminate this Addendum immediately, with or without notice, for: (a) breaches any provision of this Addendum or any Stripe Agreements; (b) the Stripe Agreements or the Customer’s Stripe Connected Account terminate for any reason;; (d) either party or their employees and agents violate any applicable laws or Network Rules; or (e) either party is required to terminate this Addendum by Stripe, government agency, payment network, or other regulator. BS&A will not be liable to Customer or other third party for termination of the Payment Processing Services for any reason. 6.4 Effect of Termination. The termination of this Addendum will not affect any of BS&A’s rights or Customer’s obligations arising under this Addendum. After termination of this Addendum and/or Customer’s Stripe account, Customer shall continue to be liable for all chargebacks, refunds, fees, card network liabilities, credits, and adjustments resulting from or relating to Transactions processed pursuant to this Addendum. The termination of Customer’s access to Payment Processing Services will be effective immediately. Customer authorizes BS&A to notify Stripe of any termination of this Addendum; however, Customer is responsible to manually close its Stripe Connected Account separately in accordance with Stripe procedures. 7. General 7.1 Precedence. Any inconsistency, conflict, or ambiguity between these Addendum and the Agreement will be resolved by giving precedence and effect to this Addendum, but only to the extent of the inconsistency, conflict, or ambiguity. Other than as expressly amended by this Addendum, all other provisions of the Agreement will remain in full force and effect. 7.2 Amendments. Except as set forth below in this section, this Addendum may only be amended with the written consent of both parties. BS&A shall only request an amendment to this Addendum for VIII-14 —7— applicable fees and rates at time of renewal . BS&A must give Customer ninety (90) days’ prior notice of increase in fees and rates so that Customer may consider such increases prior to any automatic renewal term. For any other material amendments, BS&A shall give Customer thirty (30) days’ prior notice of the request for any amendment. If Customer does not agree to any material amendment it may terminate this Addendum without penalty within thirty (30) days of receiving notice of the amendment. Failure to terminate this Addendum prior to the effective date of the amendment, or any continued use of the Payment Processing Services following the effective date of the amendment, will constitute Customer’s acceptance of and agreement to the amendment. Notwithstanding the foregoing, the termination right set forth herein will not apply to any amendment which, in BS&A’s sole and absolute discretion, is required to comply with applicable laws or Network Rules, or to pass through increases in third party costs and fees, including but not limited to fees and assessments charged by Stripe, payment networks, or BS&A’s vendors and service providers. 7.3 Dispute Resolution. The dispute resolution provisions of the Agreement, including the choice of law and venue will apply to any and all disputes or claims arising under this Addendum. 7.4 Counterparts. This Addendum may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. An electronic signature shall be accepted as an original for all purposes. This Addendum may be executed and delivered by electronic means (including click-to-accept) and the parties agree that such electronic execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such electronic signatures as evidence of the execution and delivery of this Addendum to the same extent that an original signature could be used. BS&A Software Kellie Kucik, Integrated Payments Team, BS&A Software CITY OF HASTINGS Mary Fasbender, Mayor Kelly Murtaugh, City Clerk VIII-14 —8— Tax E-Delivery Consent Please read this information carefully and print or download a copy for your files. Consent to Electronic Delivery of Tax-Related Documents By executing the Addendum or otherwise accepting this Tax E-Delivery Consent (“Consent”), you acknowledge that you have read and understand the terms of this Consent, and you affirmatively elect and consent to receive tax-related documents in connection with the Payment Processing Services (“Tax Documents”), including but not limited to IRS Form 1099-K, via electronic delivery. This Tax E-Delivery Consent (“Consent”) is effective until withdrawn in the manner described below. You understand you will NOT receive hard (paper) copies of Tax Documents unless and until such withdrawal. This is your copy of the Consent. Please print, download, and save a copy of this Consent for your records. Electronic Delivery You agree that BS&A may deliver Tax Documents to you in any of the following ways: (a) via email at the email address BS&A has on file for you; and/or (b) via an online interface which allows you to view and download the Tax Documents. For example, such interface may be provided through your account or profile on the BS&A services, if applicable. If Tax Documents are provided via the BS&A services or other online interface, BS&A (or its processor or service provider, as applicable) will notify you via email once each Tax Document becomes available. Additional or Substitute Paper Copies In addition to obtaining electronic copies, you may also request paper copies of your Tax Documents by contacting BS&A at the contact information provided below. Note that requesting a paper copy of Tax Documents will be considered a one-time request and will not be considered a withdrawal of this Consent. You must formally withdraw this Consent in the manner described below to begin regularly receiving paper copies of Tax Documents on a going-forward basis. For information that is required by law to be sent to you, including Form 1099-K and other Tax Documents, as applicable, if BS&A receives notice that an email is undeliverable due to an incorrect or inoperable email address, or if BS&A is otherwise unable to deliver your Tax Documents via electronic means, BS&A will attempt to send such information via U.S. Postal Service to the mailing address BS&A has on file for you. Notification of Change of Tax Information or Email You must notify BS&A promptly if your email address used to receive Tax Documents, notifications, or other account information changes. You must also notify BS&A promptly of any relevant change in your information as it appears on your Form W-9, including your name, address, or taxpayer identification number. BS&A must have such information exactly as it appears on your Form W-9 in order to properly fill out and issue your Form 1099-K. VIII-14 —9— By agreeing to this Consent, you agree to notify BS&A promptly of any such change, by contacting BS&A by mail or email at the contact information provided below Withdrawal or Termination this Consent You may withdraw this Consent at any time by providing written notice of withdrawal to BS&A by mail or email at the contact information provided below. In each case, you must state that you are withdrawing consent to paperless delivery of tax-related documents, and you must provide your name and taxpayer identification number exactly as they appear on your IRS Form W-9. You understand that withdrawal of this Consent is prospective only; withdrawal ensures that future Tax Documents will be delivered to you in paper but does not apply to any Tax Document that has already been furnished to you electronically. BS&A may take up to 10 business days after receipt of your withdrawal to process your request. In addition, BS&A reserves the right to terminate this Consent and stop electronic delivery of Tax Documents at any time by giving notice to you. If BS&A does so, BS&A will send future Tax Documents as paper copies, via mail. System Requirements To access Tax Documents electronically, you need a computer system or mobile device that, at minimum, has the following features and capabilities: • internet access; • browser software (at least 128-bit encryption, JavaScript enabled); • application that can read and display PDF files; • sufficient hardware necessary to support the above features, including sufficient storage to download and retails files to keep a copy for your records; and • printer (if you want to print a hard copy). By agreeing to this Consent you certify that your computer system or mobile device meets these hardware and software requirements. Contact BS&A You may contact BS&A by mail or email to update your Form W-9 information or to withdraw this Consent at: BS&A Software, LLC • 14965 Abbey Ln, Bath Twp, MI 48808 • payments@bsasoftware.com X Chris Eitemiller Finance Manager, City of Hastings VIII-14 —10— Schedule A – Payment Processing Services & Fees Service Fee Payment Processing Implementation $0 Monthly Account Fee $0 Gateway $0 PCI DSS $0 Tokenization $0 Chargeback / Dispute Management $0 Real-Time ACH Validation $0 Real-Time Transaction Fraud & Risk Monitoring $0 Text – to – Pay $0 IVR $0 Credit Card – Visa, Mastercard, Discover, American Express – Pass-Through to Payor Online, Text, IVR, Counter Percentage Per Transaction Utility Billing 2.95% $0.50 Tax 2.80% $0.50 Misc. 2.95% $0.50 Credit Card – Visa, Mastercard, Discover, American Express – Absorbed by Municipality Online, Text, IVR, Counter Percentage Per Transaction Utility Billing 2.8% $0.50 Tax 2.8% $0.50 Misc. 2.8% $0.50 ACH – Pass-Through to Payor Transaction Amount Fee per Transaction $0 - $1,000 $3.00 $1,001 - $5,000 $6.00 $5,001 + $12.00 Device Price No. of Devices Total S700 Terminal $300 + Tax & Shipping 3 Complementary VIII-14