|Important Notice: Amendment to your Merchant Services Agreement with Forte|
Due to NACHA requirements relating to "The Uniform Commercial Code (UCC) Article 4A," it is necessary to revise your agreement with Forte. As such, per the terms of your Merchant Services Agreement (“Service Agreement”) with Forte Payment Systems, Inc (or its predecessor ACH Direct, Inc.), effective September 6, 2018 (“Amendment Effective Date”), the section in the Service Agreement entitled “ACH Processing Services” shall be amended to include the following:
PROVISIONAL AND FINAL PAYMENT:
"Merchant, Merchant’s third party senders and/or Merchant’s agent(s) acknowledge receipt of notice that Entries may be transmitted through the ACH network, that payment of an Entry by the RDFI to the Receiver is provisional until receipt by the RDFI of final settlement for such Entry, and that if such settlement is not received, then the RDFI will be entitled to a refund from the Receiver of the amount credited and the Merchant will not be deemed to have paid the Receiver the amount of the Entry. The rights and obligations of the Merchant concerning the Entry are governed by and construed in accordance with the laws of the State of Texas, unless the Merchant and Forte Payment Systems have agreed that the laws of another jurisdiction govern their rights and obligations."
By continuing to use the services after the Amendment Effective Date, you agree to the terms and conditions as modified by this Amendment. Except to the extent expressly modified herein, all of the terms and provisions of the Service Agreement are hereby ratified and confirmed and remain in full force and effect.
If you have any questions regarding this notice, please feel free to contact your assigned Account Manager or our Support Team at firstname.lastname@example.org or 866-290-5400 (Option 4).
Forte Payment Systems