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Check Warranty Terms and Conditions

Effective Date: May 1, 2020 (v.20.1)

  1. TERM, TERMINATION AND AMENDMENT. Capitalized terms used herein without definition shall have the meaning provided in the Agreement. Central Credit reserves the right to amend, at its discretion, the terms and conditions of the Agreement, including, any addenda, Operating Procedures, rates and fees, by providing Customer notice thereof and such amendments shall be effective thirty (30) days from the date notice is made to Customer.
  2. DEFINITIONS. As used herein the following definitions apply:
    1. “Check Writer” means the drawer of a check;
    2. “Claim” means any arbitration award, assessment, charge, citation, claim, damage, demand, directive, expense, fine, interest, joint or several liability, lawsuit or other litigation, notice, obligation, payment, penalty, or summons of any kind or nature whatsoever, including any damage, expense, payment or penalty incurred or imposed because of or arising out of violation of any term or condition of the Agreement, infringement or misappropriation of any patent, trademark, copyright or other intellectual property right or violation of any law, and any consequential, indirect, special, incidental or punitive damages and any attorney’s fees and expenses incurred in connection therewith. For purposes of the foregoing Claim definition, a Claim shall be considered to exist even though it may be conditional, contingent, indirect, potential, secondary, unaccrued, unasserted, unknown, unliquidated, or unmatured;
    3. “Consumer” means a check writer, person, or entity that authorizes an Item;
    4. “Dishonored Item” means an Item that has received a valid Central Credit Approval Code pursuant to a Warranty Service Business Transaction, which is subsequently dishonored upon presentment for payment;
    5. “Electronic Check” means an authorization to debit an account holder’s account at a financial institution by way of automated clearing house (ACH) transfer or any other method of electronically effecting a debit or withdrawal of funds from such account;
    6. “EC Business Transaction” means a Warranty Service Business Transaction that is processed as an electronic check transaction;
    7. “EC Batch” means a collection of saved electronic check transactions;
    8. “Item” means an outstanding financial obligation pursuant to a check, including, a check processed as an EC Business Transaction;
    9. “Operating Procedures” means Central Credit’s published policies and procedures contained in various documents provided to Customer concerning the services, equipment and maintenance provided pursuant to the Agreement, the terms of which are incorporated in the Agreement as if fully set forth herein;
    10. “Central Credit Approval Code” means that Central Credit has authorized an Item for warranty coverage under the Agreement pursuant to a Warranty Service Business Transaction;
    11. “Central Credit Parties” means Central Credit and its members, Everi, managers, officers, directors, employees, shareholders, agents and attorneys;
    12. “Warranty Maximum” for an Item means the lower of (i) the face amount of the Item or (ii) the lesser amount set forth on Exhibit A to the Agreement (“Exhibit A“); and
    13. “Warranty Service Business Transaction” means a transaction involving the contemporaneous issuance of a check or electronic check for delivery of cash pursuant to the Warranty Service and shall not include: (i) checks written for payment on an account, debt or check already due to Customer; (ii) checks written in exchange for chips, tokens or other gaming piece representing value; or (iii) checks written in exchange for a marker or as a promise to pay an amount undetermined at the time of presentation.
  3. FEES AND RATES.
    1. All fees and rates set forth on Exhibit A or elsewhere in the Agreement shall be increased on each anniversary of the Effective Date by five percent (5%) of the then in effect amount. In the event any amounts payable by Customer to Central Credit are not paid when due, including any amounts payable as a result of Customer’s indemnification obligations, Customer expressly agrees that all of such amounts may be deducted from any amounts due to Customer by Central Credit or Everi under any other agreement between Customer and Central Credit or Everi, and that Everi is an intended third-party beneficiary of this provision; provided, however, in the event such liabilities are not deducted, at all times during the term of the Agreement and at all times thereafter, Central Credit may invoice Customer for the full amount thereof. All fees will be billed and paid in U.S. dollars and all checks submitted in payment will be drawn on a U.S. bank account.
    2. For each Item that Customer submits to Central Credit pursuant to the Warranty Service, by telephone, electronically or otherwise, Customer shall pay to Central Credit a fee equal to the product of the inquiry rate set forth on Exhibit A (“Inquiry Rate”) multiplied by the face amount of the Item; provided, however, that in the event that the aggregate amount of all such fees during any calendar month for any particular Premises is less than the monthly minimum set forth on Exhibit A (“Monthly Minimum”), then in lieu of paying such fees for Items submitted from such Premises during such calendar month, Customer shall pay to Central Credit a fee equal to such Monthly Minimum.
    3. Customer may dispute a fee, commission, or other charge set forth in any invoice, statement or other written document provided by Central Credit, by providing written notice of such dispute to Central Credit (a “Notice of Dispute”). The Notice of Dispute shall include a detailed description of the exact items and amounts disputed and the nature of the dispute. Any such Notice of Dispute must be received by Central Credit no later than 180 days after the date of the applicable invoice, statement or other written document provided by Central Credit. Except with respect to any invoice, statement or other written document that is subject to a Notice of Dispute, all invoices, statements or other written documents shall not be subject to further dispute or other adjustment by Customer after expiration of such 180 day period.
  4. Self Service Check Cashing Service. Where legally permissible, Central Credit provides an automated service by which Customer’s patrons who have completed certain enrollment requirements and are authorized to initiate transactions involving the contemporaneous issuance of an electronic check for delivery of cash pursuant to the Warranty Service (each an “Authorized Patron”) may utilize a ticket redemption, currency exchange, or similar device (“Kiosk”) to initiate such transaction and funds authorized pursuant to such transaction may be dispensed by the Kiosk (the “Self Service Check Cashing Service”) and Central Credit provides licenses to use the related software (the “Self Service Check Cashing Software”). For each transaction initiated and completed using the Self Service Check Cashing Service (each a “Self Service Check Cashing Transaction” and any one or more, collectively, the “Self Service Check Cashing Transactions”), Customer shall be charged the additional fee (“Self Service Check Cashing Fee”) set forth on Exhibit A in addition to Customer’s already contracted Inquiry Rate and other fees for the Warranty Service. The Self Service Check Cashing Fee, for purposes of clarity, is in addition to all other fees and costs applicable to transactions, as set forth in the Agreement. Customer will also be liable to Central Credit for payment of a one-time, per Premises implementation fee for the Self Service Check Cashing Software (“Self Service Check Cashing Implementation Fee”) and an annual, per device fee (”Self Service Check Cashing Connect Fee”), as set forth on Exhibit A. Except for the implementation of the additional Self Service Check Cashing Fee, the annual Self Service Check Cashing Connect Fee, and the one-time Self Service Check Cashing Implementation Fee, all the existing rates and calculations set forth in the Agreement shall apply. If offered to Customer, the Self Service Check Cashing Service and Self Service Check Cashing Software are subject to the additional terms and conditions set forth below.
    1. Check on Kiosk Maximum. Notwithstanding anything to the contrary, including, without limitation, the Warranty Maximum set forth on Exhibit A and an Authorized Patron’s transaction limits under the Warranty Service, the maximum dollar amount for a Self Service Check Cashing Transaction may be limited by the cash withdrawal limit set on an applicable Kiosk.
    2. License. Subject to the terms and conditions of the Agreement, Central Credit hereby grants to Customer, a non- perpetual, non-exclusive, non-transferable, non-sublicensable, limited license to use the Self Service Check Cashing Software, solely in connection with the Warranty Service at the Premises (“License”). Upon the expiration or earlier termination of the Agreement, the License shall automatically terminate and Customer shall immediately cease using the Self Service Check Cashing Software for any purpose whatsoever, unless otherwise approved by Central Credit in writing. Upon request, Customer shall allow Central Credit to remove the Self Service Check Cashing Software and Customer shall return or destroy, at Central Credit’s discretion, all Self Service Check Cashing Software and any copies thereof. All right, title, and interest in and to the Self Service Check Cashing Software and any related intellectual property rights are and shall remain the sole and exclusive property of Central Credit and/or its affiliates, agents, suppliers, or licensors, as applicable.
    3. Restrictions. Customer shall not(i) modify, copy, duplicate, reproduce, reverse compile, reverse assemble, or create derivative works of all or any portion of the Self Service Check Cashing Software; (ii) rent, lease, assign, distribute, sell, license or sublicense Self Service Check Cashing Software; (iii) transfer or convey to any third party, Self Service Check Cashing Software; or any right thereto, without the prior written consent of Central Credit. Central Credit reserves the right to refuse to further license, lease or provide Self Service Check Cashing Software to Customer. Self Service Check Cashing Software contains substantial trade secrets of Central Credit, and may not be used in any manner that may be detrimental to Central Credit.
    4. Use. Customer shall use Self Service Check Cashing Service solely in accordance with transactions processed hereunder, and shall allow no party (other than its Authorized Patrons in connection with their use of the Self Service Check Cashing Service) to utilize Self Service Check Cashing Service without the prior written approval of Central Credit, such consent to be given or withheld in Central Credit’s sole and absolute discretion.
  5. UTILITIES, EQUIPMENT AND SUPPLIES. All utilities necessary to provide Warranty Service and otherwise support, shall be supplied, installed, and maintained by Customer at Customer’s sole cost and expense. Such utilities shall include, without limitation, adequate electricity, lighting, heating, air conditioning, telephone, internet and other data lines, as well as physical security of the terminals and cleanliness of the exterior of, and the area surrounding, the terminals. Customer agrees that where Central Credit provides any hardware, software, equipment, cash, and/or supplies for use in connection with the Warranty Service (excluding any equipment purchased from Central Credit by Customer), such items shall remain the sole property of and title shall at all times vest in Central Credit (“CC Property”). Customer shall not permit any encumbrance to exist on any CC Property nor shall Customer permit any other use of such CC Property without the prior written consent of Central Credit. Customer shall maintain “all risks” or “special causes of loss” (including theft) property insurance on CC Property while it is on Customer’s Premises, at their full replacement cost, and shall name “Central Credit, LLC” as a loss payee with respect to such CC Property and, upon request, Customer shall provide to Central Credit a certificate evidencing such insurance with an insurance carrier rated at least “A-VII” by the current edition of Best’s Key Rating Guide. To the extent required, Customer consents to Central Credit’s filing or recordation of any paperwork Central Credit deems reasonably required to maintain its rights in any such CC Property. Upon the expiration or earlier termination of the Agreement, Customer shall fully cooperate, without delay, with Central Credit’s retrieval of any and all CC Property provided for use in connection with therewith. Central Credit and its agents, representatives, employees, and contractors shall have the right to enter the Premises to exercise its rights and perform its obligations under the Agreement, provided that Central Credit shall provide reasonable notice under the circumstances to Customer and/or any applicable gaming regulatory authorities, and shall schedule such entry during normal business hours where practicable.
  6. PAYMENT, RESERVE ACCOUNT, SECURITY INTEREST.
    1. All fees and charges incurred in any calendar month are due and payable on or before the fifth (5th) day of the following calendar month. Customer authorizes Central Credit to debit all fees, charges or other amounts owed (including, without limitation, all face amounts of all Returned Items as defined in Section 15(a), that are reassigned or chargedback to Customer hereunder and all processing fees associated with such Returned Items) to Central Credit or its affiliates under the Agreement or any other agreement between Customer and Central Credit or its affiliates from Customer’s account at the financial institution provided to Central Credit, and to credit all amounts owing to Customer under the Agreement to such account. Each of Central Credit’s affiliates is an intended third party beneficiary of the Agreement. If there are insufficient funds in such account to pay amounts owed to Central Credit or its affiliates, or if there are any amounts otherwise not paid by Customer when due, including, without limitation, delinquent fees, chargebacks or rejected and reassigned warranty Items, Customer shall immediately reimburse Central Credit or its affiliates upon demand, or at Central Credit’s option, Central Credit may offset such amounts against any amounts due Customer from Central Credit or its affiliates under the Agreement or any other agreement between Customer and Central Credit or its affiliates. A delinquency charge of 1-1/2% per month or the highest amount permitted by law, whichever is lower, shall be added to the outstanding balance of any account over fifteen (15) days delinquent. Central Credit shall have the right to suspend all services and obligations to Customer, including the payment of all warranties due and all transactions previously authorized, during any period in which Customer’s account is delinquent. Customer agrees to pay to Central Credit a $25.00 fee for any check or ACH debit that is not paid or accepted by Customer’s financial institution upon presentment.
    2. To secure Customer’s obligations to Central Credit and its affiliates under the Agreement and any other agreement for the provision of related equipment or related services (including any credit card cash advance, debit card cash access, or automated teller machine services), Customer grants to Central Credit a lien and security interest in and to any of Customer’s funds pertaining to the transactions contemplated by the Agreement now or hereafter in the possession or under the control of Central Credit or its affiliates, whether now or hereafter due or to become due to Customer from Central Credit. Any such funds, money or amounts may be commingled with other funds of Central Credit, or, in the case of any funds held pursuant to the foregoing paragraphs, with any other funds of other customers of Central Credit. In addition to any rights now or hereafter granted under applicable law and not by way of limitation of any such rights, Central Credit is hereby authorized by Customer at any time and from time to time, without notice or demand to Customer or to any other person (any such notice and demand being hereby expressly waived), to set off, recoup and to appropriate and to apply any and all such funds against and on account of Customer’s obligations to Central Credit and its affiliates under the Agreement and any other agreement with Central Credit or any of its affiliates, including, without limitation, fees for any related equipment or related services, whether such obligations are liquidated, unliquidated, fixed, contingent, matured or unmatured. Customer agrees to duly execute and deliver to Central Credit such instruments and documents as Central Credit may reasonably request to perfect and confirm the lien, security interest, right of set off, recoupment and subordination set forth in the Agreement.
  7. WARRANTY SERVICE. Central Credit shall provide the Warranty Service in accordance with the foregoing:
    1. WARRANTY. The sole purpose of the Warranty Service is to provide information and processing services to Customer. Central Credit warrants the accuracy of all information that it provides to Customer provided that all requirements set forth in Section 12(a) below are strictly satisfied. A Dishonored Item shall be deemed to be a breach of the warranty and, as Customer’s sole and exclusive remedy for such breach, Central Credit shall pay to Customer the face amount of the Dishonored Item, up to the Warranty Maximum, subject to the terms, conditions and limitations contained in the Agreement and any addenda hereto. The foregoing warranty shall not apply to any Item generated in connection with a Warranty Service Business Transaction in which Customer submits more than one Item to Central Credit pursuant to the Warranty Service. The Agreement is solely between Customer and Central Credit; Customer shall not provide, provide access to, resell or distribute, directly or indirectly, any of the services provided by Central Credit, or any portion of Central Credit’s response to any Item submitted to Central Credit pursuant to the Warranty Service, to any third party other than the relevant consumer. Customer is not authorized to, and shall not in any manner, utilize the Central Credit services in connection with any transaction conducted, in whole or in part, over the Internet or in any other non-face-to-face transaction.
    2. CENTRAL CREDIT APPROVAL CODE. Customer acknowledges that Central Credit will use its internal and proprietary risk management systems (which may be based in part on systems or data provided to Central Credit by third parties) to evaluate the risk associated with any particular Item and to assist in its decision whether or not to issue an Central Credit Approval Code. Central Credit shall decide, in its sole and absolute discretion, whether or not to issue a Central Credit Approval Code for any particular Item.
    3. CONVERSION TO EC BUSINESS TRANSACTIONS. Central Credit may, in its sole and absolute discretion, convert any Item with respect to which it has issued a Central Credit Approval Code into an EC Business Transaction.
  8. “GOODWILL” OF A RETURNED ITEM. Central Credit may, in its sole and absolute discretion, voluntarily reimburse a Customer for a specific Returned Item rather than reassign or chargeback such Returned Item to Customer, without any obligation to do so. Central Credit’s election to reimburse a Returned Item shall not act as a waiver of Central Credit’s right to decline to pay any other Returned Item or Central Credit’s right to reassign or chargeback any other Returned Item to Customer.
  9. ELECTRONIC CHECK PROCESSING. For each EC Business Transaction with respect to which Central Credit issues a Central Credit Approval Code, Central Credit shall, via an electronic funds transfer, affect a credit to Customer’s financial institution account for the amount of such transaction as part of an EC batch. Such credit shall occur: (i) within two banking days following (A) Customer’s regular close-out of the point-of-sale terminal from which such transaction was commenced, and (B) transmission of the transaction to Central Credit for processing as part of an EC batch, provided that the EC batch is closed and received by Central Credit by 11:00 p.m. Pacific Time on the date on which the Central Credit Approval Code was issued; and, (ii) regardless of whether or not the Item associated with such EC Business Transaction is paid by the consumer’s financial institution.
  10. RETENTION OF ELECTRONIC CHECK RECEIPTS. Customer shall cause the consumer to sign an electronic check authorization receipt in a form approved by Central Credit prior to submission of each EC Business Transaction to Central Credit for processing. Customer shall maintain the signed electronic check receipt for a minimum period of two (2) years from the date of the transaction or for the period specified by the rules of the National Automated Clearing House Association (“NACHA”), whichever is longer. Unless otherwise directed in writing by Provider, within seven (7) days of Central Credit’s request, Customer shall physically deliver either the original or a legible copy of the signed electronic check authorization receipt to Central Credit. Customer shall, upon reasonable notice and during normal business hours, permit Central Credit (or Provider, as applicable) to audit Customer for its compliance with this requirement.
  11. ACCOUNT RECONCILIATION. In the event any EC Business Transaction with respect to which Central Credit issues a Central Credit Approval Code is not funded by Central Credit in accordance with Section 9, Customer shall notify Central Credit thereof in writing within thirty (30) days from the date of such EC Business Transaction, unless otherwise directed in writing by Provider. If Customer fails to notify Central Credit within such thirty (30) day period, Central Credit shall thereafter have no liability to Customer for the amount of such transaction or otherwise and Customer shall be and hereby is precluded from asserting any claims, damages or losses relating to Central Credit ‘s failure to fund such EC Business Transaction.
  12. CONDITIONS OF WARRANTY
    1. WARRANTY REQUIREMENTS AND ELECTRONIC CHECK REPRESENTATIONS. Central Credit will reimburse Customer for one Item, up to the Warranty Maximum, per Warranty Service Business Transaction, which satisfies all of the following applicable requirements (the “Warranty Requirements”), and Customer represents and warrants, with respect to all Warranty Service Business Transactions and EC Business Transactions submitted to Central Credit for processing under the Agreement, as follows:
      1. The check must be a first party personal check drawn on a United States, Canadian, Puerto Rican, or U.S. Virgin Islands financial institution and must be made payable to Customer. The name of the check writer must be imprinted or typed on the check by the check manufacturer. The face amount and payee name must be imprinted or typed on the check. If a P.O. Box is used or an address is not imprinted or typed by the check manufacturer, a physical address description must also be written on the check according to Central Credit’s Operating Procedures;
      2. Customer must receive a completed (e.g., all fields filled in) paper check from the consumer;
      3. A consumer that authorizes the electronic debiting of his, her or its account and the corresponding electronic check debit entry is in all respects properly authorized and in an amount agreed to by the consumer;
      4. Customer shall have submitted the Item to Central Credit pursuant to the Warranty Service in strict accordance with Central Credit’s Operating Procedures and Customer must have obtained a Central Credit Approval Code for such Item;
      5. Customer’s Central Credit Subscriber Number (as provided by Central Credit), check writer’s telephone number (including area code), a physical address description, identification type and number and Central Credit Approval Code must all be printed or written on the check;
      6. The Warranty Service Business Transaction with respect to which the Item was submitted to Central Credit represents a valid obligation of the consumer and the transaction is for cash only and does not involve any element of credit for any purpose;
      7. The signature and physical description of the check writer on the check and the electronic check authorization receipt, if applicable, must reasonably correspond to any signature and description contained in the piece of identification;
      8. The signature in the signature block on the check must not be substantially different from the name imprinted on the check;
      9. The date of the check or electronic check, if applicable, must accurately coincide with the date of the submission of the same to Central Credit pursuant to the Warranty Service and the date on which the transaction actually occurred (i.e., no checks or electronic checks may be pre-dated or post-dated);
      10. The amount of the check submitted to Central Credit pursuant to the Warranty Service and the amount shown in words and figures on the check and the amount on the consumer’s electronic check authorization receipt, if applicable, must all agree exactly;
      11. The check must have been deposited in Customer’s bank, dishonored upon presentment for payment, and delivered and received by Central Credit for purchase within thirty (30) days of the date of the check; provided, however, if the dishonored check is delivered to Central Credit after more than one presentment, Central Credit may elect to purchase such check in Central Credit’s sole discretion;
      12. Customer must not have submitted more than one Item to Central Credit for a Central Credit Approval Code in connection with the Warranty Service Business Transaction pursuant to which the Item was generated;
      13. Cash must have been delivered to the check writer contemporaneously with the issuance of the check or electronic check to Customer;
      14. Customer received a signed electronic check authorization receipt from the consumer and either the consumer or Customer voided the signed paper check to which any EC Business Transaction relates;
      15. Customer has no reason to question, and has no notice of any fact, circumstance or defense which would impair, the validity or collectibility of the Item or relieve the consumer from liability;
      16. The consumer shall have signed a separate electronic check authorization receipt for each EC Business Transaction submitted to Central Credit;
      17. Central Credit shall purchase and process EC Business transaction as permitted by NACHA rules and regulations in Central Credit’s sole discretion; and
      18. In the event the check is a payroll check, in addition to all other applicable provisions herein, (i) such payroll check  must be imprinted with the name of the entity issuing the payroll check, (ii) such payroll check must be computer generated, provided that hand written signature are acceptable, (iii) such payroll check may not be postdated and may not be presented more than seven (7) calendar days following the date printed on such payroll check, (iv) such payroll check must be made payable to the person presenting the item, and (v) the name on such payroll check must match the name on the identification presented.
    2. MATERIAL TERMS. All of the above requirements and representations are material terms of the Agreement. By execution of the Agreement, Customer acknowledges Customer’s full knowledge and understanding of the above requirements and representations as they pertain to the services provided to Customer under the Agreement. Customer shall not be entitled to recover any amounts under the Agreement if Customer fails to timely satisfy any of the terms or conditions of, or if Customer breaches any representation contained in Section 12(a) or any other terms, conditions, or limitations in the Agreement.
  13. ASSIGNMENT OF CHECKS AND ELECTRONIC CHECKS. By the execution of the Agreement, Customer assigns, transfers and conveys to Central Credit all of Customer’s right, title and interest in and to any: (a) check submitted to Central Credit for warranty coverage; or (b) electronic check submitted by Customer to Central Credit for processing under the Agreement.  Customer shall, at Central Credit’s request, in Central Credit’s discretion, endorse each such check and take any action reasonably deemed necessary by Central Credit to aid in the enforcement of Central Credit’s rights hereunder.
  14. COLLECTION AND DISHONORED ITEM FEES. For each check or electronic check that is assigned to Central Credit hereunder, Central Credit shall be entitled to collect from the consumer and retain any fees or exemplary damages that are allowed by law, in addition to the face amount of such check or electronic check. Customer shall follow all Central Credit policies and procedures and post and provide at Central Credit’s direction any notices which in Central Credit’s opinion may be required for it to collect any such amounts arising from returned, dishonored or unpaid checks or electronic checks.
  15. REASSIGNMENT AND CHARGEBACK
    1. REASSIGNMENT AND CHARGEBACK. Central Credit, as applicable, may: (a) reassign to Customer any check purchased by Central Credit pursuant to the warranty provisions of the Agreement; or (b) chargeback to Customer and debit Customer’s financial institution account the full amount of any electronic check submitted to Central Credit for processing pursuant to the Agreement, in any of the following circumstances (any such check or electronic check hereinafter referred to as a “Returned Item”):
      1. The transaction for which the check or electronic check was tendered, or transfer to Central Credit of the check writer’s check or the electronic check, is for any reason: (i) not permitted by applicable law; or (ii) determined by a court of law to be, in whole or in part, not due and payable by the consumer, unless such determination results from the check writer’s bankruptcy proceeding;
      2. The check or electronic check was not issued in connection with a Warranty Service Business Transaction or an EC Business Transaction;
      3. Any of the representations made by Customer as set forth in Section 12(a) are or become false or inaccurate, Customer failed to comply with any of the terms or conditions of the Agreement, or the check or electronic check or the Warranty Service Business Transaction in connection with which such check or electronic check was issued fails to strictly comply with the Warranty Requirements;
      4. Customer, or any of its owners, agents or employees: (i) materially altered either the check or the electronic check authorization receipt; or (ii) accepted the check or processed the EC Business Transaction with reason to know that the check or the electronic check was likely to be dishonored or that the identification used to authorize the check or the electronic check was forged, altered or did not belong to the check writer;
      5. The electronic check authorization receipt was incomplete or unsigned;
      6. A duplicate electronic check relating to the same EC Business Transaction was received and processed by Central Credit or the original paper check used to initiate the EC Business Transaction was deposited and presented for payment, thereby resulting in a duplicate entry against the check writer’s financial institution account;
      7. A legible copy of the electronic check authorization receipt is not received by Central Credit within seven (7) days of a request by Central Credit;
      8. The consumer disputes authorizing the EC Business Transaction or disputes the validity or accuracy of the transaction; or
      9. Customer receives notice that the check writer of a Dishonored Item filed bankruptcy and Customer failed to notify Central Credit of the bankruptcy within three (3) business days of Customer’s receipt of such notice. Customer agrees to pay to Central Credit the full face amount of any check purchased by Central Credit pursuant to the warranty provisions of the Agreement that becomes a Returned Item and the full amount of any electronic check submitted to Central Credit for processing pursuant to the Agreement that becomes a Returned Item, together with a $15.00 processing fee for each such Returned Item.
    2. NOTICE OF EVENTS. Customer shall immediately notify Central Credit upon the happening of any of the above circumstances. If an Item is reassigned to Customer as provided herein, Central Credit may debit Customer’s account in the amount paid by Central Credit for the Item, or upon request, Customer shall remit the amount of the Item to Central Credit. Central Credit may also chargeback to Customer any amount over the Warranty Maximum on any EC Business Transaction where Central Credit has not received full payment for such EC Business Transaction within sixty (60) days of the date of the EC Business Transaction. Upon reassignment or charging back an Item, Central Credit shall have no further liability to Customer on such Item. Following termination of the Agreement, Customer shall continue to bear total responsibility for any reassignments, chargebacks and adjustments made under this Section.
  16. UPDATING INFORMATION. With regard to any Items submitted or reported to Central Credit, Customer shall promptly notify Central Credit if a check writer makes any payment to Customer on a Dishonored Item.
  17. CREDIT LAW COMPLIANCE. In connection with each Item submitted to Central Credit hereunder, Customer certifies that: (a) it has a legitimate business need, in connection with a business transaction initiated by the consumer, for the information provided by Central Credit under the Agreement regarding such consumer; and (b) the information provided by Central Credit will only be used for permissible purposes as defined in the Fair Credit Reporting Act, and applicable state and federal laws, with the exception that the information will not be used for employment purposes, and will not be used by Customer for any purpose other than a single business transaction between Customer and consumer occurring on the date on which such Item is submitted to Central Credit.  Neither Customer, nor its agents or employees, shall disclose the results of any response by Central Credit to any Item submitted to Central Credit hereunder except to the consumer to which such Item relates and in no case to any other person outside the Customer’s organization.  If Customer decides to reject any transaction, in whole or in part, because of information obtained from Central Credit, Customer agrees to provide the consumer with all information required by law and Central Credit in conformity with Central Credit’s Operating Procedures.
  18. USE OF CENTRAL CREDIT MATERIALS AND MARKS. Central Credit grants to Customer, and Customer accepts, a nonexclusive, nonassignable and nontransferable temporary permission, uncoupled with any right or interest, to use Central Credit’s name and logo (collectively, the “Central Credit Marks”), identification data and other materials provided by Central Credit during the term of the Agreement solely in connection with the offering of the Warranty Service provided under the Agreement. In addition, the following shall appear at least once on every piece of advertising or promotional material used by Customer: “(insert applicable Central Credit Mark) is a trademark owned by Central Credit, LLC and is licensed for use by (insert Customer Name)”; provided, however, that no such advertising or promotion using any Central Credit Mark or Central Credit’s name shall be done without the prior written consent of Central Credit. Customer shall use the designation “®” and “SM” in conjunction with those Central Credit Marks which are registered trademarks and service marks, respectively, of Central Credit. Upon termination of the Agreement, Customer shall either return or destroy all Central Credit materials (including, without limitation, the prompt removal of materials that are affixed and displayed to the public). CUSTOMER SHALL NOT USE ANY CENTRAL CREDIT MARKS IN CONJUNCTION WITH OR ON THE INTERNET. Customer shall take all actions reasonably required by Central Credit to ensure that the Central Credit Marks and other Central Credit materials do not become part of the public domain or are otherwise misappropriated by any person or entity to the detriment of Central Credit. Customer acknowledges Central Credit’s ownership of the Central Credit Marks and agrees that it will do nothing inconsistent with such ownership. Customer shall promptly notify Central Credit of any unauthorized use of the Central Credit Marks by third parties of which Customer becomes aware.
  19. USE OF INFORMATION. Customer agrees that: (a) all right, title, and interest in or to any data or other information relating to an Item or a consumer obtained by Central Credit in connection with any service provided hereunder (including, any electronic or other image of all or any portion of any check or driver’s license or other identification) shall be owned by Central Credit; (b) Central Credit may use any credit information provided to a Central Credit affiliate for Central Credit’s credit review; and (c) Central Credit may provide or receive any experiential information regarding Customer or Customer’s customers to or from any Central Credit affiliate.
  20. CENTRAL CREDIT OPERATING PROCEDURES. Customer shall strictly follow all Central Credit Operating Procedures provided to Customer, as may be amended from time to time by Central Credit, in its sole discretion, including the Operating Procedures relating to the Central Credit Marks. To the extent that there is any conflict between the Operating Procedures and the terms of the Agreement, the terms of the Agreement shall govern. Customer is authorized to use Central Credit-owned or -supplied equipment and Central Credit-provided services pursuant to the Agreement only for the processing of completely filled out checks (i.e., negotiable instruments). Any other use of Central Credit-owned or -supplied equipment or Central Credit-provided services is unauthorized and Customer covenants not to make any such use of such equipment or services. Should Customer make any use of Central Credit-owned or – supplied equipment or Central Credit-provided services other than those expressly authorized by the Agreement, Customer agrees to indemnify, defend and hold harmless Central Credit as provided in Section 22.
  21. ASSIGNMENT OF AGREEMENT. The Agreement may not be assigned by Customer without the prior written consent of Central Credit. Central Credit may freely assign the Agreement, its rights, benefits or duties hereunder, upon notice to Customer. Subject to the foregoing, the Agreement shall inure to the benefit of and be binding upon the successors and assigns of Central Credit and the heirs, executors, administrators, successors and assigns of Customer.
  22. LEGAL RESPONSIBILITY. In the event Customer violates any term(s) of the Agreement, Customer shall indemnify, defend and hold harmless Central Credit and its affiliates from and against any and all Claims arising therefrom, including, payment of all costs, including, reasonable attorneys’ fees, for actions taken by Central Credit whether by suit or otherwise, to defend Central Credit or its affiliates from any Claim related thereto or to preserve or enforce Central Credit’s rights under the Agreement and Central Credit shall have the right to immediately repossess all equipment owned or leased by Central Credit. In the event of any legal action with third parties or regulatory agencies concerning any transaction or event arising under the Agreement, Customer shall: (a) promptly notify Central Credit of the Claim(s) or legal action; (b) reasonably cooperate with Central Credit in the making of any Claim(s) or defense(s); and (c) provide information, assist in the resolution of the Claim(s) and make available at least one employee or agent who can testify regarding said Claim(s) or defense(s).  Customer shall indemnify, defend, and hold harmless the Central Credit Parties from any Claim(s) arising from any false or inaccurate representation made by Customer or from Customer’s failure to strictly comply, in whole or in part, with any: (a) terms and conditions pursuant to the Agreement and any addenda hereto or the Operating Procedures; or (b) applicable law.  Upon written notice from Central Credit to Customer, Customer shall immediately undertake the defense of such Claim by representatives of its own choosing, subject to Central Credit’s reasonable approval; provided, however, that Central Credit shall have the right to control and undertake such defense by representatives of its own choosing, but at Customer’s cost and expense, if the Claim arises out of patent, trademark, or other intellectual property rights or laws.  IN NO EVENT SHALL CENTRAL CREDIT, AND/OR ANY PROVIDER BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR INJURY TO EARNINGS, PROFITS OR GOODWILL INCURRED BY CUSTOMER OR ANY OTHER PERSON UNDER THE AGREEMENT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, IN NO EVENT SHALL CENTRAL CREDIT’S LIABILITY UNDER THE AGREEMENT FOR ALL CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT OF FEES PAID TO CENTRAL CREDIT BY CUSTOMER PURSUANT TO THE AGREEMENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED.
  23. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7(a), CENTRAL CREDIT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY EQUIPMENT OR SERVICES PROVIDED HEREIN, AND NO WARRANTY IMPLIED AT LAW SHALL ARISE FROM THE AGREEMENT, THE SALE OR LEASING OF ANY EQUIPMENT BY CENTRAL CREDIT TO CUSTOMER, OR FROM THE PERFORMANCE BY CENTRAL CREDIT OF ANY SERVICES HEREUNDER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY CENTRAL CREDIT AND WAIVED BY CUSTOMER. All decisions to accept or reject any driver’s license or other form of identification or payment for Customer’s products or services are solely Customer’s responsibility. Customer assumes all risks that any and all checks or electronic checks accepted by Customer may be dishonored, whether or not Central Credit has issued a Central Credit Approval Code with respect to such checks.
  24. THIRD PARTY PROVIDER. Customer acknowledges and agrees that Central Credit may contract with a third party services provider (“Provider”), to provide on behalf of Central Credit part or all of the Warranty Service provided by Central Credit under or pursuant to the Agreement. Customer acknowledges that as of Effective Date, hereby agrees (for the benefit of Provider as a third- party beneficiary) as follows:
    1. Central Credit shall be solely responsible for any breach of the Agreement by Central Credit, including as a result of Provider’s breach of its agreement with Central Credit that may result in a breach of the Agreement by Central Credit.
    2. Customer acknowledges that Central Credit is not authorized to create any obligations or responsibilities on the part of any Provider to Customer under or in respect of the Agreement.
    3. Customer acknowledges and agrees that Central Credit’s ability to provide the services to Customer may be subject to Customer’s execution of certain documents required by a Provider or one of its affiliates, NACHA and/or an applicable regulatory authority to ensure compliance with all applicable regulatory and association rules and regulations, and Customer shall not unreasonably withhold its consent to any such documentation.
  25. EXCLUSIVITY. Central Credit shall be the sole and exclusive supplier of check cashing transactions to Customer’s patrons during the term of the Agreement.
  26. DAMAGES. Upon Central Credit’s termination of the Agreement as a result of Customer’s breach or upon Customer’s unauthorized termination of the Agreement, Central Credit shall be entitled to recover from Customer liquidated damages in an amount equal to the product obtained by multiplying (A) ninety percent (90%) of the average monthly total aggregate fees and charges payable by Customer to Central Credit during the term of the Agreement prior to such breach or termination, by (B) the number of months contained in the unexpired portion of the then current term of the Agreement. Central Credit and Customer hereby acknowledge and agree that, after giving due consideration to the costs Central Credit may incur by reason of Customer’s breach or unauthorized termination, to the possibility that Central Credit will not be able to mitigate its damages, and to the expense savings that Central Credit may obtain by not having to provide services, equipment or maintenance, the liquidated damages specified herein constitute a reasonable estimate of the loss to Central Credit in the event of such breach or unauthorized termination of the Agreement and will not be construed as a penalty.
  27. SURVIVABILITY. All representations, warranties, indemnities and covenants made herein shall survive the termination of the Agreement and shall remain enforceable after such termination.