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ATM Additional Terms and Conditions

Effective Date: May 1, 2020 (v.20.1) 

  1. ATM SERVICE. During the term of this Service Order, Everi shall provide the ATM Service to Customer’s patrons at the Premises, subject to these ATM Additional Terms and Conditions. As part of the ATM Service, Everi shall provide patrons at the Premises, access to cash through transactions dispensed by ATM Enabled Devices at the Premises. Everi’s provision of the ATM Service is at all times subject to Customer’s compliance with the responsibilities required by Star, Interlink, Maestro, NYCE, Pulse, AFFN and/or other pin-debit networks (each, a “PIN-debit Network”); and Visa, Mastercard, and/or Discover (each, a “Card Brand”); and Everi’s sponsor bank(s). Capitalized terms used herein without definition shall have the meaning provided in the Everi General Terms and Conditions, and as may be more specifically identified in the applicable Service Order.
  2. TERM. Unless otherwise specified on Exhibit A to the Service Order (“Exhibit A”), the initial term of the Service Order shall commence on the date last executed by Everi and Customer (“Commencement Date”), and shall continue for the initial period set forth on Exhibit A (“Initial Term”). After the expiration of the Initial Term, this Service Order shall renew automatically for successive renewal terms of duration as set forth on Exhibit A (“Renewal Term”), unless either party notifies the other in writing not less than ninety (90) days prior to the expiration of the then current term of this Service Order (the Initial Term and each Renewal Term are, collectively or individually, as applicable, the “Service Term”).
  3. FEES AND PAYMENTS. As consideration for the provision of the ATM Service, Customer shall pay Everi all fees or expenses, if any, set forth on Exhibit A (each a “Fee” and any one or more, collectively, “Fees”), and Everi shall pay Customer the commissions (“Commissions”), as more specifically set forth in Section 5 herein and Exhibit A.
  4. CARDHOLDER FEES AND SURCHARGES. When legally permissible, Everi will charge the ATM, debit and credit Cardholders accessing the ATM Service at the Premises, a Cardholder surcharge (“Cardholder Fee” as set forth on Exhibit A) for each transaction using the ATM Service in which cash is dispensed from an ATM Enabled Device (each, a “Surcharged Transaction” which definition shall expressly exclude all 3-in-1 Transactions (as defined herein). The Cardholder Fees do not include additional fees that may be imposed by the cardholder’s financial institution. The Cardholder Fees may be increased at any time during the Service Term by either party upon not less than thirty (30) day’s written request to the other.
  5. COMMISSIONS. As consideration for the provision of the ATM Service, during the Service Term, Everi shall pay to Customer a Commission in the amount set forth on Exhibit A for each Surcharged Transaction, based upon the network interchange rates as of the reference date set forth on Exhibit A (“Interchange Rate Reference Date” or “IRRD”). All Commission payments shall be paid by Everi on or before the twentieth (20th) day of the calendar month following the calendar month in which the Surcharged Transactions accrue.
  6. FEES. If applicable, the Fees respective to each ATM Enabled Device are as set forth on Exhibit A, respectively and Customer shall be liable to Everi for such Fees on a monthly basis, except as otherwise set forth on Exhibit A. Customer acknowledges and agrees that Everi will deduct all applicable Fees from Customer’s monthly Commission payment, however Everi’s failure to deduct or withhold all or any of such Fees shall not invalidate, excuse, or waive Customer’s liability for such Fee. Customer shall be responsible to reimburse Everi for a monthly, per Premises, security fee for enhanced data protection (“Security Fee”) and Everi shall assess a monthly, per Premises, EMV fee based on the total number of devices and terminals at each Premises (“EMV Fee”), as set forth in Exhibit A.
  7. EQUIPMENT LOCATIONS. The parties agree that the ATM Enabled Devices shall at all times be in mutually agreed upon, secure, well lit, high-visibility areas within the Premises, having enough space as is reasonably necessary for the placement, maintenance, operation and support of the ATM Enabled Devices in accordance with law, and sufficient capability of receiving electrical and telecommunications service without undue burden (“Designated Locations”). Neither party shall remove or relocate an ATM Enabled Device from the agreed upon Designated Location without the other party’s consent, not to be unreasonably withheld. Customer shall be responsible for any labor or remodeling, as required, to prepare the Designated Locations.
  8. DEVICE OWNERSHIP. To the extent that Everi provides any ATMs, Redemption Devices and/or other related equipment or supplies pursuant to this Service Order for Customer’s use in connection with Everi’s provision of the ATM Service, Customer agrees (i) that such items shall at all times remain the sole property of Everi; (ii) except as otherwise set forth in this Section, shall only be used for the ATM Service provided by Everi; and (iii) Customer shall allow no other party to provide or process any ATM, credit card, or POS debit transactions on or through the ATMs, Redemption Devices and/or other related equipment, or provide service, repair or maintenance on such devices. Notwithstanding the foregoing, Customer may utilize the Third Party Service (as defined herein), and/or may or utilize the devices for other permitted uses as contemplated by Everi’s manufacturer specifications for the relevant device, if applicable.
  9. CONFIGURATION. Customer agrees and acknowledges that Everi shall in its sole and absolute discretion determine the network configuration to be used for the provision of the ATM Service. If applicable, such network configuration shall be implemented in a manner that permits Customer to offer Third Party Service (as defined herein).
  10. FUNDING RESPONSIBILITY. The responsibilities of the parties to provide cash replenishment for the devices is as set forth on Exhibit A. The party responsible for cash replenishment shall:
    1. Provide currency to operate the ATMs (or, if Customer, ATM Enabled Devices as applicable);
    2. Transport currency, bags or cartridges to the ATMs (or, if Customer, ATM Enabled Devices as applicable);
    3. Replace currency dispensed by the ATMs (or, if Customer, ATM Enabled Devices as applicable); and
    4. Replenish receipt paper, journal paper, printer ribbons and journal discs for the ATMs (or, if Customer, ATM Enabled Devices as applicable).
  11. ADDITIONAL TERMS APPLICABLE TO EVERI FUNDED DEVICES. Where Everi is responsible for cash replenishment for the ATMs (any one or more, “Everi Funded ATMs”), the following additional terms shall apply.
    1. Cash. Everi may either directly provide cash for the Everi Funded ATMs, or provide cash through a third party vault cash provider, and Customer agrees it shall allow Everi and its vault cash provider access to all Everi Funded ATMs for purposes of the foregoing. Customer acknowledges that it has no ownership interest in any of the currency being provided by Everi or its vault cash provider for any Everi Funded ATMs, and shall have no access to the currency placed in any such Everi Funded ATM.
    2. Federal Funds Target Rate. For the purposes of this Service Order, the Federal Funds Target Rate (“FFTR”) is the actual target rate or the rate at the upper end of any target range in effect each day as established by the Federal Open Market Committee of the Federal Reserve Bank as published by the Federal Reserve Bank and available at (“Target Range”). During each calendar month that FFTR exceeds the base rate set forth in Exhibit A (“FFTR Base Rate”), Everi will temporarily reduce the per transaction Commission otherwise payable to Customer for Everi Funded ATMs, by the FFTR modification amount set forth on Exhibit A (“FFTR Modification Amt”) for each twenty-five basis points (0.25%) by which FFTR exceeds the FFTR Base Rate (collectively, “FFTR Adjustment”). Any such FFTR Adjustment shall become effective on the first day of the calendar month during which any such change in the average daily FFTR for a calendar month occurs. The FFTR Adjustment does not apply to any Customer Funded Devices. In the event that the FFTR rate should become unavailable, then Everi may either determine the effective “FFTR” rate based on (i) on a comparable alternative reference rates suggested by the Federal Reserve, or similar body, of a rate of comparable tenor to the applicable FFTR at the, or (ii) its own good faith determination of offered rates of a similar measure.
    3. Bill Mix. If, at any time, Customer requests to enable the currency blend feature on any Everi Funded ATMs, to dispense cash in bills of specified denominations (“Bill Mix”), Everi shall and is hereby authorized to deduct and withhold from the Commission, the amount set forth on Exhibit A (“Bill Mix Fee”) for each transaction processed on a Everi Funded ATM while Bill Mix is enabled.
  12. ADDITIONAL TERMS APPLICABLE ONLY TO CUSTOMER FUNDED DEVICES. The following terms shall apply to all Redemption Devices and any ATMs for which Customer is responsible for cash replenishment (“Customer Funded ATM”, and together with Redemption Devices, collectively, “Customer Funded Devices”):
    1. Customer acknowledges and agrees that it may fund and maintain an ATM Enabled Device, subject to Customer’s acknowledgement in writing of the responsibilities required by the PIN-debit Networks, Card Brands and/or Everi’s sponsor bank(s).
    2. The parties acknowledge and agree that Everi shall have no ownership in, or access to, any currency provided by Customer for the Customer Funded Devices, and shall have no liability for any imbalance or shortage of such currency.
    3. Customer shall keep a minimum cash inventory and perform all services necessary to comply with Everi’s Device Replenishment and Cash Balancing Guidelines (as defined in Section 18).
    4. Within three (3) banking days after receipt of the balancing paperwork prepared by Customer at the time of cash replenishment, Everi shall, by wire transfer or Automated Clearing House (ACH) transfer an amount to Customer equal to the amount of money disbursed from the Customer Funded Devices pursuant to the ATM Service since the prior replenishment.
  13. ATM MAINTENANCE. For the purposes of this Service Order, first line maintenance (“FLM”) means minor, non-technical repairs or maintenance not requiring specialized tools, parts, or knowledge, including, without limitation: (i) clearing receipt paper, card, and cash jams in the ATM or Redemption Device (including removing bad currency); (ii) fixing receipt and journal failures; (iii) identifying dispenser malfunctions by cleaning sensor(s) and executing a dispenser test; (iv) replenishing consumable supplies; (v) so long as parts and tools are not required, identifying and fixing pick, cash, and printer failures; (vi) identifying lock failures so long as doing so does not require any additional work (such as drilling); and (vii) resetting the connection between the ATM or Redemption Device and the PIN-debit Networks. Second line maintenance (“SLM”) includes without limitation, on-call corrective action within commercially reasonable timeframes, and in-depth investigation and resolution of ATM or Redemption Device problems associated with normal use, and wear and tear, including: (i) providing technical diagnosis and resolution necessary to resolve errors; and (ii) lubricating, adjusting, repairing, or replacing parts meeting the manufacturer’s specifications necessary to support the continued satisfactory operation of the ATM or Redemption Device. Everi and Customer acknowledge and agree that each party’s FLM and SLM responsibilities are as set forth on Exhibit A. Where Everi provides FLM or SLM, Everi shall bill Customer on a pass-through basis all maintenance costs arising from all non-standard service calls, including those required outside of the hours of 8:00 a.m. to 8:00 p.m. local time, as a result of any vandalism to or tampering with the devices, any non-authorized activity involving the Devices, or any other extraordinary and irregular event. Customer shall provide vendor escort for any ATM maintenance and/or any other ATM field services provided by Everi or any third party service provider on behalf of Everi, on any Customer Funded Device to safeguard the assets residing in such Customer Funded Device, and shall notify Everi of any additional security measures it feels are necessary with respect to any ATM Enabled Device because of any suspected or known liability. The parties acknowledge and agree that Customer and Everi may separately contract for Redemption Device service and/or maintenance, but such services are outside the scope of this Service Order.
  14. THIRD-PARTY SERVICES. Customer acknowledges and agrees that gaming device voucher redemption; bill breaking; foreign currency exchange; player loyalty services; point, coupon, and/or wagering account redemption; wagering account loading; and/or similar services (each, a “Third Party Service”) are outside the scope of this Service Order. Accordingly, Customer releases Everi from any and all liability arising from, relating to, or in connection with any Third Party Service used on or in connection with the ATM Enabled Devices, and assumes all cost, liability and expense associated therewith. The compatibility of any Third Party Service with the ATM Enabled Devices may be subject to Everi’s approval of the Third Party Service or provider of such service, which approval Everi shall not unreasonably withhold. Customer shall discontinue use of any Third Party Service on or in connection with the ATM Enabled Devices, which is reasonably determined by Everi to be incompatible or provided by an unapproved provider.
  15. THE 3-IN-1 SERVICE. Where legally permissible, Everi offers a service through which a Cardholder may elect to convert and resend for approval, a transaction attempted and declined through the ATM Service, as a point-of-sale (“POS”) debit cash access or credit card cash access transaction (“3-in-1 Service”). If applicable, Customer will be charged the monthly Fee set forth on Exhibit A (the “3-in-1 Fee”) for each device enabled with the 3-in-1 Service (each, a “3-in-1 Enabled Device”). All transactions initiated as POS debit cash access or credit card cash access transactions on a 3-in-1 Enabled Device or converted through the 3-in-1 Service (collectively, the “3-in-1 Transactions”) shall be subject to the applicable provisions of a separate agreement or Service Order between the parties for Everi’s provision of debit card and credit card cash access services, and are expressly excluded from all Commission structures set forth herein.
  16. CASH WITHDRAWAL LIMIT. The cash withdrawal limit (“Cash Withdrawal Limit”) in respect of each type of ATM Enabled Device is as set forth on Exhibit A and as may be updated from time to time upon request to Everi and at Customer’s sole discretion, subject to applicable laws and regulations.
  17. MONTHLY MINIMUM VOLUME. In the event that, for three (3) successive calendar months, the total number of Surcharged Transactions is less than the required minimum monthly number of Surcharged Transactions, as set forth on Exhibit A (“Minimum Monthly Volume”), as applicable, Everi may, upon not less than thirty (30) days prior notice and at Customer’s sole cost and expense, if applicable, enforce the penalty as set forth on Exhibit A (“Penalty”).
  18. DEVICE REPLENISHMENT AND CASH BALANCING GUIDELINES. Customer acknowledges and agrees to follow the minimum mandatory procedures, as set forth below, as may be updated from time to time, in completing any cash replenishment and/or cash balancing on any ATM enabled devices utilizing Everi’s ATM service funded by Customer. Customer shall comply with the following minimum Device Replenishment and Cash Balancing Guidelines:
    1. Replenishment shall be conducted on a regularly scheduled basis such that adequate cash is available to provide the ATM service and any third party services in the normal course of business. Replenishment will be accomplished in accordance with acceptable minimum control standards adopted by the Customer and reasonably acceptable to Everi. Customer will perform settlement procedures; exchange cassettes, if necessary; print required administrative receipts; replenish consumable supplies, if necessary; and lock the ATM enabled ticket redemption, currency exchange, or similar devices and ATMs. The remaining currency will be removed, counted, balanced and verified in accordance with minimum control standards, which incorporate Everi’s settlement procedures for the ATM Service.
    2. Device replenishment operations include transporting currency to and from the ATM enabled devices on a regularly scheduled basis; replacing currency dispensed; replenishing all consumable supplies such as receipt paper; and performing designated housekeeping duties. From time to time, Customer may also be required to perform certain first line maintenance and second line maintenance on the ATM enabled devices.
    3. Customer shall establish cash replenishment and security procedures that are reasonably acceptable to Everi, but Everi shall not bear any liability with respect thereto or arising therefrom. Everi shall have the right to review Customer’s cash replenishment and security procedures prior to the provision of the ATM Service or at any time thereafter, and Customer shall modify such procedures to comply with Everi’s then current minimum required procedures, as reasonably requested by Everi.
    4. In the event of an investigation of any variances, upon Everi’s request, but not more frequently than once per banking day, Customer shall provide Everi with a balancing report detailing the amount of cash dispensed from each ATM enabled device pursuant to the ATM service, and the amount of overages or shortages discovered during the balancing process for each ATM enabled device.
    5. In the event of a cash imbalance, Customer shall, via overnight carrier, electronic file or facsimile within 24 hours of balancing; provide Everi with the ATM enabled device’s completed balance sheet form, transaction logs, administrative receipts, and any other relevant information regarding the cash imbalance to assist in the investigation. If necessary and allowed by the networks, Everi shall submit a request for adjustment to the appropriate network for each of the transactions that may have attributed to the cash imbalance. Adjustments will be made within 30 days under normal conditions and as allowed by the networks. Customer shall reimburse Everi for any fees, fines, penalties and direct expenses incurred as a result of cash imbalances that are attributed to Customer. Customer shall ensure all balancing information remains available to Everi upon request for a minimum of 180 days after the respective date of such balancing information documents.
    6. Customer shall be solely liable for any cash shortage due to any reasons other than those directly attributed to Everi.
  19. ADDITIONAL SERVICE. The Services described in this ATM Additional Terms and Conditions represent the entire scope of services to be provided by Everi under this Service Order. Any services not expressly set forth above, if requested, are subject to Everi’s discretion, and shall be charged at Everi’s then prevailing rates for such out of scope services.