GENERAL. By signing this Agreement, Merchant hereby retains and appoints Company and any Third-Party Sender it may utilize from time to time ("Third-Party Sender") as Merchant's exclusive data processing and collection agent for processing Entries originated by Merchant for Credit and Debit to accounts of Customers, in accordance with the terms and conditions contained in the Agreement ("Terms and Conditions"). The Terms and Conditions are incorporated by reference in this Agreement and, in addition to any other exhibits, addenda, schedules, terms or amendments, shall comprise and be referred to as "the Agreement."
AUTHORIZATION FOR AUTOMATIC FUNDS TRANSFER (ACH). By signing this Agreement, Merchant grants consent and authorization to Company or its Third-Party Sender where applicable to initiate or transmit automatic Debit, Credit and Adjustment Entries to the Merchant's Settlement Account and Reserve Account. Each person signing below understands and agrees that Company, or its Third-Party Sender, will debit the account specified by Merchant for all setup fees, including any non-refundable application fee, as an ACH item and, upon receipt of the completed Application and Agreement, all subsequent monthly service and transaction fees, Returned Entries, charge backs, required withholdings, fines, fees, damages, or any other cost of processing transactions for Merchant via an ACH transaction in accordance with the Terms and Conditions included in this Agreement.
THIRD-PARTY BENEFICIARY. Merchant expressly acknowledges and agrees that Company's Third-Party Sender e-Prodigy ACH, LLC D/B/A ACHBanking is an express and intended third-party beneficiary of the Agreement and has all the rights under the Agreement as if it were a party thereto, including, without limitation, the right to enforce any terms of the Agreement or assert claims against Merchant for breach of the Agreement.
AGREEMENT SIGNATURE. Each person signing below agrees that they have read and agree to the Terms and Conditions which have been provided to them and certifies that all information provided in the Application or otherwise to Company or its Third-Party Sender to provide services under this Agreement is true, correct and complete. Each person agrees to notify Company or its Third- Party Sender where applicable of any and all changes which occur from time to time in the information and statements contained in the Application and Agreement or otherwise provided to Company, Third-Party Sender, the ODFI, or anyone else relating in any way to this Agreement.
PERSONAL GUARANTEE To endure and in consideration of Third-Party Sender's acceptance of the Merchant Application and this Agreement, the undersigned agrees to be bound by all terms and provisions of this Agreement (which includes this Addendum and the Terms and Conditions) to the same extent and in the same manner as Merchant, and unconditionally and irrevocably personally guarantees performance of all of Merchant's obligations under the Terms and Conditions provided https://achbanking.com/company/agreement (URL) (as amended, renewed or extended) and payment of all sums due to Third-Party Sender by Merchant thereafter and, in the event of a default, hereby waives notice of default and agrees to indemnify Third-Party Sender for any and all funds due from Merchant pursuant to terms of this Agreement. Guarantor(s) further agrees that Third-Party Sender may proceed directly against Guarantor(s) without first exhausting Third-Party Sender's remedies against the Merchant, any other person or entity responsible to Third-Party Sender or any security held by Third-Party Sender.
PLEASE CAREFULLY REVIEW THE ACH TERMS AND CONDITIONS PROVIDED TO YOU AND AVAILABLE AT https://achbanking.com/company/agreement [URL], WHICH ARE HEREBY INCORPORATED INTO THIS BY REFERENCE. THE TERMS AND CONDITIONS YOU ARE AGREEING TO ARE VERSION 2 (v.2). BY SIGNING BELOW YOU (I) REPRESENT AND WARRANT THAT YOU HAVE FULL POWER AND AUTHORITY TO BIND THE PARTY ON WHOSE BEHALF YOU SIGN; (II) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THOSE TERMS AND CONDITIONS AND (III) AGREE TO ACCEPT ELECTRONIC NOTIFICATION OF ANY CHANGES TO THOSE TERMS AND CONDITIONS. CONTINUED ORIGINATION OR ACCEPTANCE OF DEBIT OR CREDIT ENTRIES FROM OR BY COMPANY OR ITS THIRD- PARTY SENDER AFTER RECEIVING NOTIFICATION OF CHANGES TO THE TERMS AND CONDITIONS WILL CONSTITUTE MERCHANT'S ACCEPTANCE OF THE CHANGES AND ITS AGREEMENT TO THE CHANGED TERMS AND CONDITIONS.