Merchant Resource Group's InternetMerchant Terms of Use

Purpose of Terms: Customer and the principal authorize Merchant Resource Group, Inc. (DBA and hereby referred to as InternetMerchant) and its authorized agents to investigate and confirm the information contained in the Merchant Agreement on behalf of Customer and hereby certify that all the information provided, including Customer's legal, financial and business status, is true, correct and complete. InternetMerchant is an independent agent of Cardservice International and cannot and does not make decisions with regards to the merchant application and can only process the application in a timely manner with information provided from the customer. Customer and the principal hereby authorize InternetMerchant and its authorized agents to utilize credit bureau/reporting agencies and/or its own agents for purposes of verifying the accuracy of any information provided by Customer. Should this process determine that the business type or credit rating be unsatisfactory for merchant processing, Customer acknowledges the payment of such equipment or processing is still due and no refund will be granted. The term of this agreement is two years. If the Customer cancels account prior to agreed term, customer agrees to pay InternetMerchant a $300 cancellation fee. Customer agrees this fee is reasonable and authorizes InternetMerchant to deduct this fee from credit card or bank account on file. The customer agreement may only be modified as approved in writing by an authorized officer of InternetMerchant and its authorized agents. No other representative of InternetMerchant or its authorized agents is authorized to make any verbal or written modification to this Customer Agreement and Merchant Agreement. This is an entire agreement and supersedes any other verbal contract written or spoken.

Unacceptable business types are adult-related information services via the Internet, airline/cruises, check-cashing, collection agencies, credit card protection services, credit repair, debt consolidation, drug paraphernalia, firearm sales, golf clubs, illegal products, aggregator or billing or payment services, investments, lotteries, medical benefits, mortgage and pharmacies. Higher risk business types that may require an additional security deposit are auctions, auto accessories, barter associations, cleaning/janitorial services/supplies, computer stores, concert promotion, contractors, coupons/certificates, diet programs, vitamin sales, herbal remedies, discount buying clubs, domain names, DVD/VHS/CD sales, escort services, financial aid, freezer meats, fulfillment centers, furniture stores, gambling advice, how-to books, long distance phone, massage parlors, membership clubs, motor freight, moving companies, precious metals, gems and diamonds, real estate, seminars, timeshare, tobacco sales. Customer declares under penalty of perjury under the laws of the state of Massachusetts and under the laws of the state in which my business is located that all of the information contained in the Merchant Application is true, correct and complete and that their creditor and merchant status is in good standing, without delinquencies or liens. Should it be determined at any point merchant has misrepresented the purpose of the merchant account or business in which he/she intends to use such account or is on a terminated merchant list or has filed bankruptcy, InternetMerchant. reserves the right to bill merchant for any additional fines, fees or costs associated.

Refund Terms and Conditions: Fees paid for setup of payment gateway (LinkPoint, Authorize.net or other) and purchasing of any other products are refundable only upon a merchant account being declined by Acquiring Bank (Bank). While in the application approval process, Merchant may cancel this agreement in writing provided customer pays MRG $300 as an account processing fee. In addition, the following causes for application rejection reasons will result in a similar default of the $300 processing fee: (1) Merchant failed to disclose prior bankruptcy or current or previous terminated merchant status; (2) Social security number is wrong or missing, or in either case Merchant cannot provide a physical copy if/when requested; (3) Website is not live; or (4) Merchant's business is misrepresented, including but not limited to misrepresentation of an exempt business type (e.g., travel). The processing fee will be taken from the bank or credit card account that Merchant provides to satisfy debts arising under this Agreement. Exempt business types, prior bankruptcies and/or any serious credit delinquencies resulting in approval conditions will not constitute a return of payment and may set off the termination fee. InternetMerchant has final decision on all offers for sales and any rates or fees for service not related to your merchant account. No refunds will be granted for charges billed 90 days prior to refund request Merchant agrees that 90 days is an adequate time frame to notify MRG of billing errors.

Holiday Promotion: InternetMerchant will rebate your first month of transaction processing fees (up to a maximum of $100), beginning on the date your application is submitted online. You will receive a rebate check 6-8 weeks after your first month of processing is completed.

Terminal Leasing and Rentals: If Customer agrees to a lease or rental agreement, the principal Customer agrees to pay InternetMerchant a lease/rental application fee equal to the first month's lease payment plus shipping and handling at the time of application. Merchant agrees to the terms of the lease and will be responsible for the total financed amount of the equipment. In the event the Merchant cancels the lease/rental agreement or application provided incomplete or inaccurate information necessary to get the merchant account or lease/rental approved, Customer agrees to inform InternetMerchant in writing and pay InternetMerchant $300 as an application processing and cancellation fee. By signing this agreement Customer authorizes MRG to access their credit report. Customer acknowledges that he or she is in good standing with past and current creditors. InternetMerchant has complete and final right to determine that credit is not satisfactory, and may assess a $300 cancellation fee or may assess a security deposit equal to the cost of the terminal. Customer and InternetMerchant mutually agree that said $300 is a reasonable estimate of the costs and expenses InternetMerchant will incur due to a cancellation of any application by the Customer. The monthly payment may be based on Customer's credit and/or business type subject to change. Should the lease/rental not be verified by Customer within two business days of receipt of the equipment, InternetMerchant reserves the right to charge Customer the total financed or leased amount of the terminal plus any ancillary charges of said equipment including cancellation fee.

Internet Secure Payment Gateway License Fees: Once your Internet merchant account is approved, a separate $15 monthly customer support fee for the secure payment gateway will be billed to the bank account on file from "Merchant Resource Group". This service is separate from your relationship with the merchant service provider and will be in force throughout the life of this two-year agreement. In the event of cancellation, InternetMerchant will require notification in writing with 30 days notice but not to exceed 60 days. If these requirements are not met, no refund can be granted unless authorized by InternetMerchant.

Wireless Units: A $35 Wireless Activation fee will be charged to the bank account of record for all new wireless units. Availability/Interruption. Wireless units are considered "upon availability" which means the final offer of its availability is at sole discretion of InternetMerchant. Service is normally available to wireless devices when it is within the operating range of the system and may be available outside of that area in other participating service areas. Service is subject to transmission limitation and/or interruption caused by weather, equipment, terrain, obstructions such as trees or buildings, and other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modification or to combat viruses or potential fraud. Interruption may also result from nonpayment of charges by you.

Return and Warranty: Upon agreement in writing, any returned equipment or non-activated gateway license will be subject to a 25% re-stocking, application processing fee and/or cancellation fee. A Return Merchandise Authorization (RMA) form with an RMA number must accompany any returned item(s) within six (6) months of this signed agreement regardless of warranty. InternetMerchant will not accept shipments of any returned equipment without the InternetMerchant approved RMA # on the shipping label. All original materials (accessories, manuals, etc.) must be included in the original packaging. Regardless of warranty, the item must be in mint, re-sellable condition (no cracks, scratches, liquid damage, etc.). Upon receipt, InternetMerchant will do a final evaluation of the returned equipment for the purpose of establishing condition and have final say as to the "condition". Terminals covered under warranty that do not receive an RMA and/or are not returned in good working order will be charged to customers banking or credit card account on file. Subsequent return of said equipment or requests for refund at that point forward will be declined.

ACH and credit card payment plans: The principal merchant represents that the information provided on the Application is complete and accurate. The principal merchant agrees to pay InternetMerchant or its authorized agent all above fees and acknowledges that InternetMerchant will automatically debit said bank account and/or credit card for the amount due on or after the payment due dates. Said merchant also agrees that InternetMerchant or any financial institution can cancel automatic payment for said account for any reason, at any time, with or without prior notice. Merchant understands that a return fee of $25.00 may be charged on all returned items. I acknowledge that the origination of these debits to my account must comply with U.S. laws and I agree that this agreement remains in effect until canceled by InternetMerchant The line item on your bank statement will read "Merchant Resource Group" or some derivation thereof.

Questions: Please contact us with any questions regarding the InternetMerchant terms of service by calling 1-800-223-1160 or email support@internetmerchant.com.