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FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 1 -2013
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FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 1 -2013
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Last modified
5/7/2013 3:53:46 PM
Creation date
2/25/2013 5:18:12 PM
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Contracts
Company Name
FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC
Contract #
N-2013-014
Agency
CITY MANAGER'S OFFICE
Expiration Date
8/1/2013
Destruction Year
2018
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Schedule A <br />Other Important Provisions for Card Acceptance <br />American Express OnePoint Program <br />1. OVERVIEW OF AMERICAN EXPRESS ONEPOINT PROGRAM <br />a. Eligibility; Transition to Our Standard Card Acceptance Program. Our American Express OnePoint Program provides integrated <br />Card acceptance services to eligible Entities through our agents, including First National Bank of Omaha. If you do not qualify for this <br />program, you may be enrolled in our standard American Express Card acceptance program, which has different servicing terms (e.g., <br />different speeds of payment); you may terminate the Agreement if you do not wish to so be enrolled. If you become ineligible for our <br />American Express OnePoint Program, we will transition you to our standard American Express Card acceptance program upon forty- <br />five day's prior notice, unless you opt-out of that transition by notifying our agent in writing no later than fifteen days prior to the effective <br />date of transition. <br />b. Program Services. We may perform our obligations and exercise our rights under the Agreement directly or through our agents. <br />Since we are acting through our agent in many instances under the Agreement, the terms we, our, or us also may refer to our agent <br />above, as the context requires. Please direct all inquiries and notices under the American Express OnePoint Program to our <br />agent: <br />TSYS Merchant Solutions, LLC <br />Attention: Legal Department <br />1601 Dodge Street, 23E <br />Omaha, NE 68102-1637 <br />c. Merchant Regulations. The Merchant Regulations set forth the policies and procedures of our standard American Express Card <br />acceptance program. The provisions of this Schedule A describe the different terms that apply to you under the American Express <br />OnePoint Program and take precedence over the corresponding provisions of the Merchant Regulations. For example, since Entities <br />classified in certain industries do not qualify for the American Express OnePoint Program, references in the Merchant Regulations to <br />those industries may not apply to you. Please contact our agent for a copy of the Merchant Regulations and with any questions about <br />specific industries under the program. <br />2. DOING BUSINESS WITH AMERICAN EXPRESS <br />a. Certain American Express Terms Not Applicable. Our Online Merchant Services, the terms applicable to Corporate Purchasing <br />Cards, and our Monthly Flat Fee option are not available to you under the American Express OnePoint Program. During your <br />participation in the program, you are not required to configure your systems to communicate directly with our systems and you must not <br />provide Payment Services or otherwise act as a Payment Service Provider. <br />b. Merchant Number; Your Merchant Information. <br />Under the American Express OnePoint Program, you will not receive a standard American Express Merchant Number. Our agent will <br />instead assign a unique OnePoint Program "merchant" or "account" number to your Establishment; if you have more than one <br />Establishment (or a sales channel for Internet Orders), it may assign to each a separate number. You will need that number each time <br />you call our agent under the American Express OnePoint Program. (If you are enrolled in or transition to our standard Card acceptance <br />program, we (not our agent) will assign you a standard American Express Merchant Number.) You must notify our agent of <br />any changes in your business and banking information and any closings of your Establishments. Our agent may verify and disclose <br />information about you, including by requesting reports about you and the person signing your application to accept the Card. <br />3. AUTHORIZATION <br />During your participation in the American Express OnePoint Program, you must initiate an Authorization for each Charge according to <br />the Authorization procedures of our agent and contact our agent about all Authorization responses. You must obtain from and submit to <br />our agent an Authorization Approval code for all Charges. Authorization does not guarantee that we or our agent will accept the Charge <br />without exercising Chargeback, nor is it a guarantee that the person making the Charge is the Cardmember or that you will be paid. <br />4. SUBMISSION <br />During your participation in the American Express OnePoint Program, you must submit Charges and Credits electronically to our agent <br />according to its Submission procedures under the OnePoint Program "merchant" or "account" number of the Establishment where the <br />Charge or credit originated. You must not submit Charges and Credits on paper. <br />5. SETTLEMENT <br />a. Settlement Amount. Our agent will pay you according to your payment plan, as de-scribed below, in U.S. dollars for the face amount <br />of Charges submitted from your Establishments less all applicable deductions, which may include: (i) the Discount, (ii) any amounts you <br />owe us or our Affiliates, (iii) any amounts for which we have Chargebacks, and (iv) any Credits you submit Our agent will subtract the <br />full amount of all applicable deductions from this payment to you (or debit your Demand Deposit Account), but if it cannot, then you must <br />pay it promptly upon demand <br />b. Discount. Your initial Discount and other fees and assessments are indicated in the Agreement or otherwise provided to you in <br />writing by our agent. We or our agent may adjust any of these amounts and may change any other amount charged to you for accepting <br />the Card. We or our agent may charge you different Discount Rates for Charges submitted by your Establishments that are in different <br />industries. We or our agent will notify you of such fees, such adjustments and charges, and assessments and any different Discount <br />Rates or Transactions fees that apply to you. <br />c. Payment Plan. During your participation in the American Express OnePoint Program, the terms of your payment plan (e.g., speed of <br />payment, payment and reconciliation options) with our agent govern settlement payments to you. Our agent will send payments for <br />Charges from your Establishments according to your payment plan to your Demand Deposit Account that you designate to it. You must <br />notify your bank that we, through our agent, will have access to your account for debiting and crediting the Demand Deposit Account. <br />6. PROTECTING CARDMEMBER INFORMATION <br />You must notify our agent immediately if you know or suspect that Cardmember Information has been accessed or used without <br />authorization or used other than in accordance with the Agreement You must promptly provide to us and our agent all Card Numbers <br />201108 MTPA Terms and Conditions Page 34 of 35 CONFIDENTIAL
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