text:
North Bethesda, MD, January 31, 2013- The Norwood Public Library, located in Norwood, Colorado, has joined the Colorado Library Consortium (CLiC) and is scheduled to go live on the AspenCat LibLime Koha union catalog.
The Norwood Public Library staff will work with LibLime Project Management in the upcoming months to migrate bibliographic, item, and patron data from their legacy ILS system to the LibLime Koha application. Norwood Public Library will enjoy autonomy within the CLiC union catalog, as LibLime Koha includes support for local ownership of patron records, local ownership of items records linked to communal bibliographic records, and OPAC group searching for pre-designated collections. Norwood Public Library patrons will also benefit from resource sharing in the consortium, which is managed by the expanded functionality in the Holds Queue service.
About Norwood Public Library
Located 33 miles west of Telluride, Norwood sits opposite the 12,700 foot Lone Cone Mountain that towers over Wright's Mesa. Norwood Public Library provides reference services; fax and copy services; computer work stations; internet connectivity; and access to e-books, audio books, and music downloads for the citizens of this town in San Miguel County.
About the Colorado Library Consortium (CLiC)
CLiC, headquartered in Centennial, Colorado, serves over 400 libraries throughout the state. 35 of these libraries are part of the AspenCat LibLime Koha union catalog. Currently the database includes close to 545,000 items. Resource sharing is one of the key components of the system with libraries requesting over 1,200 items from each other every month. Requests are growing as more patrons discover how easy it is to request an item not held at his or her home library. CLiC is committed to maintaining AspenCat as a fully featured, patron-focused system. In partnership with the Colorado State Library, they have added links to external databases (EzProxy), Plinket-hosted website access, and SWIFT interconnectivity. They are also currently offering a cooperative purchase for downloadable audio books from Recorded Books, and ebooks from 3M Library Cloud system. For more information, please contact Shannon O'Grady at 303-422-1150 or email@example.com.
About LibLime - PTFS
LibLime – PTFS is the global leader in providing support for the Koha open source ILS. Rather than sell software licenses for static, hard-to-customize software products, the PTFS LibLime Division educates libraries about the benefits of open source, enabling them to make choices about how best to provide their communities and staff with better technology services. The PTFS LibLime Division then facilitates deployment of Koha in libraries by providing outstanding consulting, development, implementation, and support/hosting for libraries of all types and sizes. PTFS is also the developer of the world's leading content management software, ArchivalWare, and specializes in meeting library personnel staffing requirements, digitization, and metadata keying services. For more information, see http://liblime.com or http://ptfs.com or http://archivalware.net.

subset: commoncrawl


text:
On the heels of a weak quarterly earnings report for The Hartford, hedge fund manager John Paulson has stepped forward as a shareholder activist in a bid to force the insurance company into a breakup.
Paulson & Co. retains an 8.4% stake in The Hartford, making it the largest shareholder. Paulson's move comes after a bad year for hedge funds, and both his activism and breakup play with The Hartford are a new direction for him.
On Tuesday, Paulson filed a Schedule 13D with the Securities and Exchange Commission in an effort to force the company's hand in taking quick action to break up The Hartford's property and casualty and life insurance units. The life unit includes its wealth management, mutual funds and annuities operations.
"We appreciate the opportunity to have a dialogue with you on the significant benefits to be achieved through a tax-free spinoff of Hartford's P&C business," Paulson wrote in the SEC filing, which includes a letter to Liam McGee, Hartford's chairman, president and CEO. "As the largest investor in the company for the past year, we have done exhaustive research on the challenges and opportunities of The Hartford and believe that a spinoff would produce an increase in value for Hartford shareholders of 40% to 60% above the unaffected share price."
The letter points to a recent trend toward corporate breakups, citing 100% spinoffs of major divisions at companies such as McGraw Hill, Abbott Laboratories, Tyco, Kraft, Ralcorp, ConocoPhillips, Procter & Gamble, Marriott, Sara Lee and ITT.
Paulson said the spin-off would create two "pure play insurance companies," with one in life and the other in P&C, whose management is focused solely on each companies' own strategies, distribution channels and capital requirements.
In response to the Schedule 13D filing, The Hartford issued this statement: "We recognize there are potential benefits to a separation of the P&C and life companies, including those outlined by Paulson & Co. Inc. While there are challenges to successfully executing a separation, we welcome Paulson's views and look forward to continued dialogue with him and other shareholders. We are evaluating the company's strategy and business portfolio with the goal of delivering shareholder value. We remain objective and pragmatic about the best ways to achieve this goal."
The Hartford (NYSE: HIG) on Feb. 7 reported profits of $127 million and earnings per share of $0.24 for fourth-quarter 2011 versus Q4 2010 profits of $619 million and EPS of $1.24. HIG shares are off about 30% over the past year.
The Property & Casualty Commercial unit reported an 88% loss in core earnings at $25 million in Q4 2011 versus $201 million in Q4 2010, while Wealth Management reported a 12% drop in core earnings to $228 million from $260 million a year ago.
McGee cited capital markets volatility, low interest rates and higher than normal catastrophic weather as challenges in the insurance industry.
The Hartford Financial celebrated its 200th anniversary in 2010, the same year the company announced a restructuring that would create three new units with a focus on wealth management. In April of that year, the Connecticut-based insurer said it would reorganize its insurance, annuity and wealth management businesses in an effort to streamline the company.
"We're too complex a firm right now," said McGee during a company investor meeting at that time.
On Monday, a day before Paulson's SEC filings, The Hartford Mutual Funds' board of directors approved moving 11 of its fixed income funds to sub-advisor Wellington Management. The move is part of The Hartford's previously announced strategy to accelerate growth in the mutual funds business, according to a company release. This includes expanding the relationship with Wellington Management to serve as the sole sub-advisor for all the funds, pending a fund-by-fund review by the board.
In January, AdvisorOne reported that the highest volatility in 50 years had hedge fund managers spooked, especially Paulson & Co., which experienced an especially dismal year. Two leveraged funds that account for most of the firm's assets lost 35.91% and 50.67%.
Paulson has not won his reputation on the basis of being an activist shareholder, so his interest in breaking up Hartford is a new approach for him. His rise to fame came in 2007, when he made $3.5 billion by shorting subprime mortgages. He gave most of that back last year, though, as Institutional Investor estimates his gold class investments decreased in value by $3 billion.


text:
We try to make your travel overseas as easy and affordable as possible. Please note that you must physically attend all of your Arcadia orientation in London, which begins on the posted program arrival date. To get yourself there on-time, you'll have many travel aspects to consider, including obtaining your Visa.
You are responsible for arranging and purchasing your own flight. Please Note: Do not book a flight that connects through the Republic of Ireland, as this will prevent you from obtaining proper immigration clearances. If you want to travel before or after your program dates please check your visa requirements.
We don't arrange group flights but we recommend you book through our travel provider: Student Universe to avail of discounted student fares on designated group flights, on suggested available flights, or on individual student bookings. In addition, Student Universe staff are very familiar with our programs and offer date change flexibility. To book your travel, please visit Student Universe/Arcadia and choose your appropriate country and program.


text:
Alan Marcus is the author of 'Investments (McGraw-Hill/Irwin Series in Finance, Insurance, and Real Est)', published 2013 under ISBN 9780077861674 and ISBN 0077861671.[read more]
{{post.questionOneAnswer|unescape}} {{post.questionTwoAnswer|unescape}}[read more]
You can find lots of answers to common customer questions in our FAQs
View a detailed breakdown of our shipping prices
Learn about our return policy
Still need help? Feel free to contact us
View college textbooks by subject
and top textbooks for college
With our dedicated customer support team, 30-day no-questions-asked return policy, and our price match guarantee, you can rest easy knowing that we're doing everything we can to save you time, money, and stress.


text:
API for Noisebridge
This is a very simple Python WSGI App that provides a RESTful API for fun things in the Noisebridge space.
In the Noisebridge tradition, it's not stable! It will, however try to break in as noisy a way as possible if things change.
Using the API
The API is currently only available within the space. Once we have authorisation running, this will change.
The API is RESTful, and can be called at the URL:
For instance, to open the door using curl:
curl -X POST -d open=True http://api.noisebridge.net/gate/
GET /hello/[name]
Returns 'hello [name]'
GET /spaceapi/
Returns Noisebridge status, formatted as per http://hackerspaces.nl/spaceapi/
GET /gate/
Gets interesting stats about the gate. Currently:
{ ringing: boolean }
Where 'ringing' is true if the gate buzzer is ringing at that moment, or in the last few seconds, as users may push the button for a very short time. The amount of time that this state is cached is totally up to the Gateman daemon that runs to interact with the gate hardware.
POST /gate/
With open=True, opens the door. Returns a 300 error if unsuccessful, and the following additions to the /gate/ stats if successful:
{ open : True message: string }
With key=XXXX, will optionally check the key against the door code list.
Note that this isn't a required field. Currently if you omit the key field, the door will always open. It's intended to optionally allow other apps to offer the same door code authentication that we use for the phone booth entry.
POST /gate/key/[doorcode]
With create=True and an existing, valid doorcode, redirects to a URL of the form /gate/key/[newdoorcode] which gives a valid new doorcode to open the door.
With preferred=[number] you can suggest a doorcode you'd like to use. It's not guaranteed that the preferred option will be returned.
Suppose you have a doorcode 8499146, and you'd like to give a friend a new doorcode. She asks if she can have the number '7895473'
curl -v -X POST -d create=True -d preferred=7895473 http://api.noisebridge.net/gate/key/8499146
would return something like this:
POST /gate/key/8499146 HTTP/1.1 > HTTP/1.0 303 See Other < Date: Mon, 05 Nov 2012 05:07:29 GMT < Server: WSGIServer/0.1 Python/2.7.3rc2 < Content-Length: 0 < Content-Type: text/html; charset=UTF-8 < Location: http://api.noisebridge.net/gate/key/7895473 <
The Location header contains the new doorcode.
POST /audio/
With say=[TEXT] will convert the TEXT into speech, and announce it to the space.
Adding to the API
api.py is a Bottle. It should be pretty self explanatory, even if you don't know much Python.
Just add a function of the form:
@api_app.route("/myurl/") def myfunc()
do_something_in_the_space() return { 'success' : True, 'OMG IT WORXORRED' }
Deploying your new API
You'll need sudo powers on minotaur. Check out the code using git:
git clone email@example.com:noisebridge/noise-api.git
Make your changes, and test them locally using
python api.py --debug
When you're ready to deploy, change the Debian changelog in debian/changelog , and commit the code to the github repository..
Log onto minotaur, clone the git repository, and make a Debian package. Install it using dpkg -i
git clone git://github.com/noisebridge/noise-api.git cd noise-api make package sudo dpkg -i ../noisebridge-api_0[whatever the version number is]*.deb


text:
Posted on Tuesday, August 6, 2013
NEW WILMINGTON, Pa. - Westminster College is one of the country's best institutions for undergraduate education, according to The Princeton Review. The education services company features Westminster in the new 2014 edition of its annual college guide, "The Best 378 Colleges."
Westminster's student radio station, WWNW 88.9FM, earned recognition (ranked 7th) as one of the "Best College Radio Stations" for the sixth straight year. Westminster was also included in the "Town-Gown Relations are Great" category.
Only about 15 percent of America's 2,500 four-year colleges and four colleges outside the U.S.A. are included in the book.
Students praised the "extremely accessible and helpful" professors, supportive classmates, great career services, safe campus, and opportunities for involvement. One student said, "Contrary to popular belief, Westminster College, not Disneyland, is the happiest place on earth."
The guide's editors noted: "Westminster College has remained intent on crafting a personalized learning process for students, with the aim of turning out well-rounded individuals who can live and affect the world in a positive way. The challenging liberal arts curriculum provides a broad foundation for academic study, and the school heavily stresses the application of what's learned by pushing students to prepare themselves for the future using real-life simulations.
"At this very happy place, the administration always keeps the interests of the students in mind, the classes are small, and students get the attention they need. Westminster runs on personal relationships between faculty and students, and even the janitor knows your name. The low student/teacher ratio means the extremely accessible and helpful professors are devoted to ensuring that every last student understands the material."
"Westminster College offers outstanding academics, which is the primary criteria for our choice of schools for the book," according to Robert Franek, Princeton Review's senior vice president of publishing and author of "The Best 378 Colleges." "We base our selections primarily on data we obtain in our annual institutional data surveys. We also take into account input we get from our staff, our 35-member National College Counselor Advisory Board, our personal visits to schools, and the wide range of feedback we get from our surveys of students attending these schools. It is their opinions that college applicants often value the most."
The rankings are based on The Princeton Review's survey of 126,000 students. The 80-question survey asks students to rate their own schools on several topics and report on their campus experiences. Visit www.PrincetonReview.com for additional information.


text:
Happy WOYWW! my desk is a bit, well, messy this week…
But look at the cuteness:
This is a project that I am making with children at the library tomorrow. These macaroni angels are easy! I am pre-gluing them so the kids can paint and decorate them. Here is a video to show you how:
Other than the macaroni I have odds and ends leftover from craft fair projects. The craft fair was a huge success You can read all about it and see my booth set-up on this post. If you want to see more crafty desks check out Julia's blog the Stamp Ground for more WOYWW fun! I'm off to meet a girlfriend and do some holiday shopping today. Til next time happy crafting
Filed under: christmas, craft fair, Crafts 4 Kids | Tagged: christmas craft, craft fair idea, easy christmas craft, easy ornament, gifts for kids to make, kids craft, scout craft, sunday school craft, woyww | 10 Comments »


text:
As many of you will already be aware (we've already applied for some of you) Nominet (the organisation that runs the .uk domain name space) is releasing a large list of previously reserved domain names – most of these are either single or double character domains. At the moment we're in the open landrush phase – so anyone can apply for any of the remaining 2640 domain names.
How much does it cost?
Nominet charge a fee of £10 + VAT per domain name for applying for a domain name – if you're the only one that applies then you'll be allocated the domain name, if more than one registration is received by June 15th then it will go to auction. If you're successful at either stage then KDA will charge our usual fee of £14.95 + VAT per domain name to register it for 2 years.
How do I apply?
If you'd like to apply then you'll need to open up a support ticket with us, as we're currently doing all the reserved domain applications manually – so we can make sure everything runs smoothly. Once we've submitted the request, we'll send you a code, which you'll need to enter at the URL we provide – this will allow you to pay the £10 + VAT fee to Nominet.


text:
The Student Life section of Utah State Today highlights work written by the talented student journalists at Utah State University. Each week, the editor selects a story that has been published in The Utah Statesman or the Hard News Café or both for inclusion in Utah State Today.
ROTC Camouflaged by Misconceptions
By Marissa Neeley, staff writer, The Utah Statesman, Thursday, February 20, 2014
In the early 1900s, Utah State was considered the West Point of the West, placing more Reserved Officer Training Corps cadets into the Army than other universities, said Zach Smith, a recruiter for the Army ROTC.
Many students may not know about the ROTC here at USU, but two programs, the Air Force as part of the aerospace studies department, and the Army as part of the military science department, are available.
The main mission for the AFROTC is to develop future leaders for the Air Force, said Lt. Col. Alex Dubovik, commander of the Air Force ROTC detachment and aerospace studies department head.
The AFROTC said their detachment at USU is relatively large.
"There are 90 cadets in the program, six of which are female," Dubovik said.
Training revolves around leadership.
"I want people to come in and do their best at every task they are given," Dubovik said.
The AFROTC is organized into a cadet wing. Juniors and seniors fill the senior leadership roles within it. Every cadet is assigned a job within the wing and is responsible for specific functions. Juniors and seniors are charged with structuring the weekly leadership lab and serve as mentors to the newer cadets, Dubovik said.
"The most beneficial part is that juniors and seniors learn key leadership skills and are afforded the opportunity to reflect on what they did right or wrong and what they can improve on," he said. "They get to make mistakes and learn from them in a controlled environment prior to heading out into the real Air Force."
Dubovik said what cadets learn in the AFROTC will benefit them in the Air Force.
"It instills the skills they will use in the Air Force," he said. "Depending on the job they get, many may supervise 100 or more people shortly after graduation."
Some common misconceptions are that those in the ROTC program have no social life, they can't get an AFROTC scholarship unless they have a financial need, they have no money, have drill sergeants yelling at them, are committed to serving in the Air Force until retirement, they have to be pilots and they must shave their heads, Dubovik said.
"I think they do have a social life which sometimes includes fun activities organized by the cadet corps, such as the escape and evasion exercises," he said.
Additionally, financial need isn't considered when awarding scholarships. There may be yelling when they attend field training, but that's about the extent of their boot camp experience. There's no requirement to remain in the Air Force until retirement. They serve their contracted active duty service commitment, which is determined by the job they receive. The majority of those in the program and in the Air Force are not pilots. Lastly, cadets don't have to shave their heads or wear their uniforms every day, he said.
Cadets are expected to be motivated, disciplined and display a willingness to improve and help others to improve, Dubovik said. He said they need an ability to adapt to a military thought process and culture and are also expected to be good citizens and good neighbors.
"I love what we do, I love our Air Force community and I'm proud of what we do around the world on behalf of the American people and our allies," he said.
There are both similarities and differences between the Air Force and Army.
"Everyone who graduates from AFROTC is commissioned in the rank of second lieutenant and enters into active duty service," Dubovik said. "In the Army they receive the same rank, but entry into active duty is a competitive process where the top candidates are selected for active duty and the remainder enters the National Guard or the (Army) Reserves. Army cadets can also choose the Guard or Reserve over active duty if desired."
When looking for recruits for the Army, recruiters look for more than the physically able or the intelligent.
"We look for those that want to be in the Army," Smith said. "Those that have been joining want to be here."
Recruiters have a goal every year of how many to contract. There are about 12-15 recruits a year in the Army ROTC.
"We recruit on campus, Snow College, robotics, anybody in high school or college," Smith said.
Like the Air Force, the Army ROTC is relatively large with 80 cadets, eight of which are female. Also, like the Air Force, there are common misconceptions regarding the Army.
"If you join the Army, you're not going to die," Smith said. "It's actually pretty rare. It doesn't limit your freedom. There's no debt, and it's a good job. It's just like any other job. You don't get yelled at a lot, but more than any other profession."
The ROTC puts more people in the Army than the Air Force does. There are 19 people in either the National Guard or active duty, Smith said.
"We give cadets options to go to airborne, air assault and mountain warfare schools or cultural understanding language program," he said.
The purpose of the Army ROTC is to develop leaders. The class, called Foundations in Leadership, is available for all students whether they're part of the program or not, Smith said.
"It's not scary, and we do a lot of fun stuff," Smith said.
There is a rivalry between the AFROTC and the Army ROTC, said Dustin Flores, a senior in English education and in the Army ROTC program.
"We're better than the Air Force," he said.
Flores was in prior service before coming to USU. The Army buttered it up and he joined, but he later learned about leadership.
"There is a good family setting here. It is really unified. We celebrate together," Flores said.
Flores is currently a cadet commander.
"I oversee what goes on in training," he said. "I make sure they do what they need to do."
Flores has been commissioned as an officer in the Utah National Guard for six years after graduation. Some cadets, however, go into active duty.
"The ROTC gave me a lot of guidance," he said. "You not only learn how to be a leader and manager but learn how to organize. We get real-life skills because we are so hands-on in our training."


text:
The Washington Post reports that a team of Russian scientists has successfully reanimated a flowering plant from some old seeds. Really old seeds.
The Russian research team recovered the fruit after investigating dozens of fossil burrows hidden in ice deposits on the right bank of the lower Kolyma River in northeastern Siberia, the sediments dating back 30,000-32,000 years.
What makes this so remarkable is that according to top scholars at ChristianAnswers.net, this is three times longer than the entire earth has been in existence, making it clear that the Russians have not only resurrected an extremely ancient species, but have found a way to recover plant materials from some other dimension, like maybe heaven. Or something. It's probably quantum.
Yeah, that's the ticket. Quantum.


text:
Advanced training
After completion of the 16-month basic training course at EAC, the astronauts start to study the ISS elements in more depth.
The astronauts learn to service and operate the different modules, systems and subsystems, and to fly and dock transport vehicles like the Russian manned 'Soyuz' vessel or ESA's Automated Transfer Vehicle (ATV), an unmanned cargo carrier.
They also learn how to perform scientific experiments in ESA's ISS research module, Columbus, and many other aspects which are important for a flight to the ISS.
The ISS Advanced Training takes around one year to complete. It is conducted in international astronaut classes and includes various training units at all ISS partner training sites.
The training centres are located at Houston, in the United States (NASA), Star City near Moscow (Russia), Tsukuba near Tokyo (Japan), Montreal (Canada) and at the European Astronaut Centre (EAC) in Cologne, Germany.
Each of the partners is in charge of providing training to all ISS astronauts on the elements which they contribute to the ISS Programme. For example, training at EAC focuses on the Columbus system, the Automated Transfer Vehicle (ATV) and ESA experiment training.
Whereas basic training is often knowledge-based classroom training, advanced training is mainly 'hands-on' using flight-like training mock-ups and simulators. Advanced training is also generic, which means that the astronauts learn about systems which are important for any flight to ISS.
Only once an astronaut completes this phase of training is s/he eligible for assignment to a spaceflight.


text:
Eurovision Song Contest to be Green Event
Vienna will host the Eurovision Song Contest (ESC) in May 2015. For the first time ever, the Song Contest will be organised to recognised environmental standards and realised as a Green Event.
The goal is to keep the Song Contest's C02 footprint to an absolute minimum by conserving resources. The event will be completely powered by green energy from the public grid and the ESC tickets are valid for free public transport in Vienna. The focus for catering is on local and organic foods from Austria. Another important factor is reducing waste – all drinks will be served in reusable cups and free tap water will be provided throughout the event. What's more, the ESC will provide disabled access at every level in line with the motto "Building Bridges".
Hosting the Eurovision Song Contest as a Green Event sends a clear signal. A sustainability report will be produced after the event and will set new standards for future ECSs and major events.


text:
SISKIYOU COUNTY – Siskiyou County residents will receive a phone call this Friday, July 19, as the Office of Emergency Services utilizes its recently implemented CodeRED Emergency Notification and Alert System.
According to a press release issued by the Office of Emergency Services, the calls will begin in the afternoon and will continue until the entire database has been attempted. This call will give county personnel the chance to operate the system as if there were a community-wide disaster.
The message that will be delivered directs recipients to the county website to add additional contact numbers, and it also asks that recipients spread the word by mentioning the system to family, friends and neighbors.
Ron Quigley, deputy director of the Siskiyou County Office of Emergency Services, suggests that "all individuals and businesses should take the time to visit the department's website and add contact information to include cellular phone numbers and other non-traditional phone numbers as well as email and text addresses."
He noted that those whose contact information is not in the database will not receive a call when an urgent message regarding disasters is sent.
In particular, businesses should register as well as individuals who have unlisted phone numbers, who have changed their phone number recently, and those who use a cellular phone exclusively or have VoIP phones (such as Vonage) as their primary numbers.
Quigley urges citizens to visit the Siskiyou County website at co.siskiyou.ca.us and click on the CodeRED link in the middle of the page. Those without Internet access may call 841-2155 Tuesday through Friday from 8 a.m. to 5 p.m. Required information includes a street address (physical address, no post office boxes) for location purposes and a primary phone number. Additional phone numbers, email and text addresses may also be entered.
More information about the CodeRED system is on the website, and any questions should be directed to Quigley at 841-2155.
Emergency Communications Network
Siskiyou County recently implemented the CodeRED Emergency Notification and Alert System as its primary reverse 911/notification system for Siskiyou County and its residents.
CodeRED is a product of Emergency Communications Network Inc. (ECN), which provides high-speed notification solutions. ECN's network supports a web-based product suite featuring CodeRED®, which enables local government officials to communicate time-sensitive, personalized messages via voice, email and text messaging; and CodeRED Weather Warning™ which provides automated alerts to citizens in the path of severe weather just moments after a warning has been issued by the National Weather Service.
For more information about Emergency Communications Network, visit emergencycommunications.net


text:
This addon script for the Autosurf with Super Security (aka Neversay) script allows you to have plans which only pay profit to members on Weekdays (Monday through Friday). On Saturday and Sunday, no profits are paid.
Please Note: With this installed, ALL daily plans will be affected by the modification.
The addon is fully automatic once installed. Installation is included in the price.
This Script is licensed for 1 site only. All Sales Final. Refunds will not be issued.
Copyright © 2003-


text:
Last Updated: January 4, 2016
This document, "Terms and Conditions of Merchant Service Agreement" ("Terms and Conditions") accompanies the document "Global Payments Merchant Application" ("Merchant Application"). The Merchant Service Agreement ("Agreement" or "Card Services Agreement") includes these Terms and Conditions and the terms and conditions of the Merchant Application. The Member bank identified in such Merchant Application ("Member") is a member of Visa USA, Inc. ("Visa") and MasterCard International, Inc. ("MasterCard"). Global Payments Direct, Inc. ("Global") is a registered independent sales organization of Visa, a member service provider of MasterCard and a registered acquirer for Discover Financial Services LLC ("Discover"), and a registered Program Participant of American Express Travel Related Services Company, Inc. ("American Express"). Merchant and Global Direct agree that the rights and obligations contained in these Terms and Conditions of Merchant Service Agreement do not apply to the Member with respect to Discover and PayPal transactions and Switched Transactions (as defined below). To the extent Merchant accepts Discover cards, the provisions in this Agreement with respect to Discover apply if Merchant does not have a separate agreement with Discover. To the extent Merchant accepts Discover cards and has a separate agreement with Discover, Discover and PayPal card transactions shall be processed as Switched Transactions (as defined below). To the extent Merchant accepts American Express cards, the provisions in this Agreement with respect to American Express apply if Merchant does not have a separate agreement with American Express. Any references to the Debit Sponsor shall refer to the debit sponsor identified below. The Agreement is between Global Direct, the Member and the merchant identified in the Merchant Application ("Merchant"). Under the terms of the Agreement, Merchant will be furnished with the services and products described herein and in the Merchant Application, and selected by Merchant therein (collectively and individually, as applicable, the "Services"). Global Direct will be the sole and exclusive provider of the Services to Merchant during the term of this Agreement. Any Merchant accepted by Global Direct for card processing services agrees to be bound by the Agreement, including the terms of the Merchant Application and these Terms And Conditions as may be modified or amended in the future. A Merchant's submission of a transaction to Global Direct Shall be deemed to signify Merchant's acceptance of the Merchant Services Agreement, including the Terms and Conditions herein. Except as expressly stated in the first three paragraphs of Section 13, all terms and conditions of this Merchant Services Agreement shall survive termination to the extent necessary to protect Global Direct, Member's and anyone acting on Global Direct or Member's behalf's rights herein.
Credit Card processing services: Global Direct's actions to the appropriate card associations and/or issuers (e.g., Visa, MasterCard, Diners, Discover, American Express); settlement; dispute resolution with cardholders' banks; and transaction-related reporting, statements and products. Debit/ATM Processing Services: Global Direct has connected to the following debit card networks ("Networks"): Accel, AFFN, Interlink, MAC, Maestro, NYCE, Pulse, Star, and Tyme. Global Direct will provide Merchant with the ability to access the Networks that Global Direct has connected to for the purpose of authorizing debit card transactions at the point of sale from cards issued by the members of the respective Networks. Global Direct will provide connection to such Networks, terminal applications, settlement and reporting activities. EBT Transaction Processing Services: Global Direct offers electronic interfaces to Electronic Benefits Transfer ("EBT") networks for the processing of cash payments or credits to or for the benefit of benefit recipients ("Recipients"). Global Direct will provide settlement and switching services for various Point of Sale transactions initiated through Merchant for the authorization of the issuance of the United States Department of Agriculture, Food and Nutrition Services ("FNS") food stamp benefits ("FS Benefits") and/or government delivered cash assistance benefits ("Cash Benefits, "with FS Benefits, "Benefits") to Recipients through the use of a state-issued card ("EBT Card"). With respect to Visa and MasterCard products, Merchant agrees to pay and Merchant's account(s) will be charged pursuant to Section 5 of this Agreement for any additional fees incurred as a result of Merchant's subsequent acceptance of transactions with any Visa or MasterCard product that it has not elec ted to accept.
Merchant will permit holders of valid cards bearing the symbols of the cards authorized to be accepted by Merchant hereunder to charge purchases or leases of goods and services and the debt resulting there from shall be purchased hereunder on a provisional basis in accordance with Section 5 below, provided that the transaction complies with the terms of this Agreement. All indebtedness submitted by Merchant for purchase will be evidenced by an approved sales slip. Merchant will not present for purchase any indebtedness that does not arise out of a transaction between a cardholder and Merchant. Merchant agrees to follow the Card Acceptance Guide which is incorporated into and made part of this Agreement, and to be bound by the operating regulations, requirements, and rules of Visa, MasterCard, Discover, American Express, PayPal and any other card association or network organization covered by this Agreement, as any of the above referenced documents may be modified and amended from time to time. Merchant acknowledges that the Card Acceptance Guide is located at http://images.payanywhere.com/pdf/cag_gen.pdf. Without limiting the generality of the foregoing, Merchant agrees to comply with and be bound by, and to cause any third party who provides Merchant with services related to payment processing or facilitates Merchant's ability to accept credit and debit cards and who is not a party to this Card Services Agreement to comply with and be bound by the rules and regulations of Visa, MasterCard, Discover, PayPal and any other card association or network organization related to cardholders and transaction information security, including without limitation, Payment Card Industry Data Security Standards("PCI DSS"), Visa's Cardholder Information Security Program and MasterCard's Site Data Protection Program. Furthermore, Merchant is required to annually validate PCI DSS compliance, with the initial validation required to be completed within ninety (90) days of the effective date of the Agreement. Merchant will be charged an annual compliance fee ("Compliance Fee"), which is subject to change at agent's sole discretion, to offset the costs associated with maintaining compliance with PCI DSS and other governmental and regulatory requirements. Merchant also agrees to cooperate at its sole expense with any request for an audit or investigation by Global Direct, Member, a card association or network organization in connection with cardholder and transaction information security. Without limiting the generality of the foregoing, Merchant agrees that it will use information obtained from a cardholder in connection with a card transaction solely for the purpose of processing a transaction with that cardholder or attempting to re-present a chargeback with respect to such transaction. Merchant will indemnify and hold Global Direct, Member and anyone acting on Global Direct or Member's behalf harmless from any fines and penalties issued by Visa, MasterCard, Discover, PayPal or any card association or network organization and any other fees and costs arising out of or relating to the processing of transactions by Global Direct and Member at Merchant's location(s) and will reimburse Global Direct for any losses incurred by Global Direct with respect to any such fines, penalties, fees and costs. Global Direct may, from time to time, issue written directions (via mail or Internet) regarding procedures to follow and forms to use to carry out this Agreement. These directions and the terms of the forms are binding as soon as they are issued and shall form part of these Terms and Conditions of the Agreement. Such operating regulations and rules may be reviewed upon appointment at Global Direct's designated premises and Merchant acknowledges that it has had the opportunity to request a review and/or review such operating regulations and rules in connection with its execution of this Card Services Agreement.
Merchant shall adequately display the card issuer service marks and promotional materials supplied by Global Direct. Merchant shall cease to use or display such service marks immediately upon notice from Global Direct or upon termination of this Agreement.
Fees and charges payable by Merchant shall be as set forth in the Merchant Application and these Terms and Conditions. Merchant will be paid for indebtedness purchased under this Agreement by credit to Merchant's account(s). Each purchase of indebtedness shall be funded on a provisional basis until all chargebacks, fees, fines, penalties and other adjustments are identified and implemented in respect of such purchase under this Card Services Agreement and/or the rules and regulations of a card association or network organization. Accordingly, any such provisional funding is subject to reversal and recoupment with regard to any such chargebacks, fees, fines, penalties and other adjustments. Merchant's account(s) will be credited for the gross amount of the indebtedness deposited less the amount of any credit vouchers deposited. Merchant shall not be entitled to credit for any indebtedness that arises out of a transaction not processed in accordance with the terms of this Card Services Agreement or the rules and regulations of a card association or network organization. Availability of any such funds shall be subject to the procedures of the applicable financial institution. Chargebacks and adjustments will be charged to Merchant's account(s) on a daily basis. Merchant agrees to pay and Merchant's account(s) will be charged for the discount, fees, chargebacks and other fees and charges described in this Agreement. Merchant also agrees to pay and Merchant's account(s) will be debited for all fees, arbitration fees, fines, penalties, etc. charged or assessed by the card associations or network organizations on account of or related to Merchant's processing hereunder, including without limitation with regards to any third party who provides Merchant with services related to payment processing or facilitates Merchant's ability to accept credit and debit cards and who is not a party to this Card Services Agreement. If any type of overpayment to Merchant or other error occurs, Merchant's account(s) may be debited or credited, without notice, and if Merchant's account(s) do not contain sufficient funds, Merchant agrees to remit the amount owed directly to Global Direct. Merchant agrees not to, directly or indirectly, prevent, block or otherwise preclude any debit by Global Direct or Member to Merchant's account which is permitted hereunder. Merchant represents and warrants that no one other than Merchant has any claim against such indebtedness except as authorized in writing by Member and Global Direct, and further agrees that Merchant shall have no right, title or interest in any such funds, including any such funds held in a Reserve Account (as defined below). Merchant hereby assigns to Member and Global Direct all of its right, title, and interest in and to all indebtedness submitted hereunder, agrees that Member and Global Direct have the sole right to receive payment on any indebtedness purchased hereunder. Merchant acknowledges and agrees, notwithstanding anything set forth in this Card Services Agreement to the contrary, that each purchase of indebtedness under this Card Services Agreement is of such a nature that the price to be paid by the Member and Global Direct cannot be equitably determined until the respective periods permitted for chargebacks, fees, fines, penalties and other adjustments to be assessed or implemented have all expired under this Card Services Agreement and/or the rules and regulations of the applicable card association or network organization. These chargebacks, fees, fines, penalties and other adjustments are an integral part of the purchase transaction, and the final price that is to be paid for such indebtedness by the Member and Global. To the extent that any chargeback, fee, penalty, fine or other adjustment is assessed or implemented, the Member and Global Direct may exercise their right of recoupment with regard to the price provisionally paid for the respective indebtedness that was purchased. In the absence of this remedy, the Merchant acknowledges that it would be overpaid for the indebtedness purchased, and such overpayment shall be held in trust by the Merchant as the legal and equitable property of the Member and Global Direct.
|Fee Description
|Fee Description
|Address Verification
|per occurrence
|Touchtone Transactions
|per occurrence
|Voice Authorization Fee
|per occurrence
|Batch Settlement
|per occurrence
|ACH Reject/NSF Fee
|per occurrence
|per occurrence
|PCI Program Fee
|per occurrence
|Dial Pay Transaction Fee
|per occurrence
|Statement Mailing Fee
If no per transaction fee is specified, AMEX transactions will be subject to the same communications fee as VISA/MasterCard/Discover, specified on the Merchant Application. Furthermore, additional fees, descriptions and/or terms for programs and services provided hereunder are set forth in the following applicable sections of these Terms and Conditions. All fees payable by Merchant under this Merchant Service Agreement, including those detailed in the Merchant Application and any separate schedule of fees may be changed or modified at any time by providing notice to Merchant of changes to such fees as provided for herein.
The following Association Fees that are set forth on the Merchant Application will be charged for each transaction on the applicable network: Visa Assessments, Visa Network Access Fee, Master Card Assessments, MasterCard Network Access Fee, Discover Assessments, Discover Network Access Fee, American Express Network Fee, and the American Express Non-Swiped Transaction Fee. Additionally, the following association fees shall apply for each cross-border transaction on the applicable network.
Different discount rates and other fees may apply to different types of Card transactions. For example, a "Qualified Discount Rate" will be charged on certain types of Card transactions, including without limitation, swiped cards on which the full magnetic stripe has been read; a higher "Mid-Qualified Discount Rate" will be charged on other types of Card transactions, including without limitation, keyed cards at retail locations or keyed cards with valid AVS response and order number for "card not present" transactions; and a higher "Non-Qualified Discount Rate" will be charged on other types of Card transactions, including without limitation, Business, Corporate, Purchase, International, or Government cards, keyed cards where AVS is not present or missing any of the required data elements, batches not closed within one calendar day of transaction, all rewards cards as defined by the card issuers, and any Pre-Authorized sale that is not processed/captured within 7 business days. Merchant is encouraged to review certain of these additional rates and fees in Section 32 below.
A Merchant is billed a transaction fee each time communication is made with the host. This fee is assigned by the agent or sales representative at the time Merchant submits its Merchant Application. Merchant may also be assessed a PCI DSS Non-Compliance fee of $19.95 per month, until they validate compliance through a certified vendor of the PCI Security Standards Council. Merchant may also be required an Early Termination Fee as fully set forth in Section 13 below. Furthermore, Merchant may also be assessed a fee in connection with their enrolment in the MyBizPerks Program as fully set forth on the Application.
Additional charges that may occur from time to time include chargeback fees, re-presentment fees and retrieval fees. A monthly minimum fee will be deducted unless Merchant has met its minimum processing volume. The standard delivery method for Monthly Statements is in an electronic, online version that will be generated each month and located at http://inside.payanywhere.com.
Merchant agrees that it will not acquire any title, copyrights, or any other proprietary right to any advertising material; leased equipment including imprinters, authorization terminals, or printers; software; credit card authenticators; unused forms; and Merchant deposit plastic cards provided by Global Direct in connection with this Card Services Agreement. Merchant will protect all such items from loss, theft, damage or any legal encumbrance and will allow Global Direct and its designated representatives reasonable access to Merchant's premises for their repair, removal, modification, installation and relocation. Merchant acknowledges that any equipment or software provided under this Agreement is embedded with proprietary technology ("Software"). Merchant shall not obtain title, copyrights or any other proprietary right to any Software. At all time, Global Direct or its suppliers retain all rights to such Software, including but not limited to updates, enhancements and additions. Merchant shall not disclose such Software to any party, convey, copy, license, sublicense, modify, translate, reverse engineer, decompile, disassemble, tamper with, or create any derivative work based on such Software. Merchant's use of such Software shall be limited to that expressly authorized by Global Direct. Global Direct's suppliers are intended third party beneficiaries of this Agreement to the extent of any terms herein pertaining to such suppliers' ownership rights; such suppliers have the right to rely on and directly enforce such terms against Merchant. The operating instructions will instruct Merchant in the proper use of the terminals, and Merchant shall use and operate the terminals only in such manner. If Merchant has purchased the maintenance/help desk service hereunder for its terminals, Merchant will promptly notify Global Direct of any equipment malfunction, failure or other incident resulting in the loss of use of the equipment or need for repair or maintenance, whereupon Global Direct will make the necessary arrangements to obtain required maintenance. Merchant is responsible for shipping costs. Merchant shall cooperate with Global Direct in its attempt to diagnose any problem with the terminal. In the event the Merchant's terminal requires additional Software, Merchant is obligated to cooperate and participate in a dial in down line load procedure. With respect to any item of equipment leased to Merchant by Global Direct, Merchant will not be liable for normal wear and tear, provided, however, that Merchant will be liable to Global Direct in the event that any leased item of equipment is lost, destroyed, stolen or rendered inoperative. Merchant will indemnify Global Direct against any loss arising out of damage to or destruction of any item of equipment provided hereunder for any cause whatsoever. Merchant also agrees to hold harmless and indemnify Global Direct for any costs, expenses, and judgments Global may suffer, including reasonable attorney's fees, as a result of Merchant's use of the equipment provided hereunder. Any unused equipment in its original packaging purchased from Global hereunder may be returned to Global Direct at Merchant's expense within 60 days of receipt. Merchant shall receive a refund of any money paid in connection therewith subject to a re-stocking fee of an amount equal to 20 percent of the total purchase price for the returned equipment. No refunds shall be issued for any equipment returned after 60 days. Merchant acknowledges that some of the services to be provided by Global Direct and Member hereunder may be provided by third parties. Merchant agrees that except for its right to utilize such services in connection with this Card Services Agreement, it acquires no right, title or interest in any such services. Merchant further agrees that it has no contractual relationship with any third party providing services under this Card Services Agreement and that Merchant is not a third party beneficiary of any agreement between Global Direct or Member, as applicable, and such third party. Merchant may not resell the services of any third party providing services under this Card Services Agreement to any other party.
Merchant agrees to furnish Global Direct and Member such financial statements and information concerning Merchant, its owners, principals, partners, proprietors or its affiliates as Global Direct may from time to time request. Global Direct, or its duly authorized representatives, may examine the books and records of Merchant, including records of all indebtedness previously purchased or presented for purchase. Merchant agrees to retain copies of all paper and electronic sales slips and credit slips submitted to Global Direct for a period of two years from submission, or such longer period of time as may be required by the operating rules or regulations of the card associations or network organizations, by law, or by Global Direct as specifically requested in writing in individual cases. Merchant agrees that Global Direct, Member and anyone acting on Global Direct or Member's behalf may seek injunctive relief with respect to Merchant's failure to furnish financial or other information upon request.
Merchant agrees to provide Global Direct and Member 60 days prior written notice of its intent to (a) transfer or sell any substantial part (10% or more) of its total stock, assets and/or to liquidate; or (b) change the basic nature of its business, or (c) convert all or part of the business to mail order sales, telephone order sales, or to other sales where the card is not present and swiped through Merchant's terminal. Upon the occurrence of any such event, the terms of this Agreement may be modified to address issues arising there from, including but not limited to requirements of applicable card associations or network organizations.
This Agreement is not transferable by Merchant without the written consent of Global Direct and Member. Any attempt by Merchant to assign its rights or to delegate its obligations in violation of this paragraph shall be void. Merchant agrees that the rights and obligations of Global Direct hereunder may be transferred by Global Direct without notice to Merchant. Merchant agrees that the rights and obligations of Member hereunder may be transferred to any other member without notice to Merchant. Merchant acknowledges that the transferable rights of Global Direct and Member hereunder shall include, but shall not be limited to, the authority and right to debit the Merchant's account(s) as described herein.
Merchant warrants and represents to Global Direct and Member: (a) that each sales transaction delivered hereunder will represent a bona fide sale to a card holder by Merchant for the amount shown on the sales slip as the total sale and constitutes the binding obligation of the card holder, free from any claim, demand, defense, setoff or other adverse claim whatsoever; (b) that each sales slip or other evidence of indebtedness will accurately describe the goods and services which have been sold and delivered to the card holder or in accordance with his instructions; (c) that Merchant will comply fully with all federal, state and local laws, rules and regulations applicable to its business; (d) that Merchant will fulfill completely all of its obligations to the cardholder and will resolve any customer dispute or complaint directly with the card holder; (e) that the signature on the sales slip will be genuine and authorized by cardholder and not forged or unauthorized; (f) that the sales transaction shall have been consummated and the sales slip prepared in full compliance with the provisions of the Card Acceptance Guide and the operating regulations and rules of the applicable card association or network organization, as amended from time to time; (g) that none of the sales transactions submitted hereunder represent sales by telephone, or mail, or Internet, or where the card is not physically present at the Merchant's location and swiped through Merchant's terminal, unless Merchant is specifically authorized in writing by Global Direct to submit such sales slips for purchase, (h) that none of the sales transactions submitted hereunder for purchase represent sales to any principal, partner, proprietor, or owner of Merchant, (i) that, without limiting the generality of the foregoing, each sales transaction submitted hereunder and the handling, retention, and storage of information related thereto, will comply with the rules and regulations of Visa, MasterCard, Discover, American Express, PayPal and any other card association or network organization related to card holder and transaction information security, including without limitation Payment Card Industry (PCI) Data Security Standards, Visa's Cardholder Information Security Program and MasterCard's Site Data Protection Program, and (j) that all of the information contained in this Merchant Application and Service Agreement is true and correct. In the event that any of the foregoing warranties or representations is breached, the affected sales slips or other indebtedness may be refused, or prior acceptance revoked and charged back to the Merchant. Furthermore, if Merchant submits for purchase hereunder a sales transaction that is not the result of a sale of Merchant's goods or services offered to the general public or if Merchant submits any sales transactions for purchase hereunder which represents a sale to any principal, partner, proprietor, or owner of Merchant, such sales transaction may be refused or charged back. Merchant must notify Global Direct if Merchant elects to use the terminal service of American Express, Novus, or any other third party provider. If Merchant elects to use a third- party terminal provider, that provider becomes Merchant's agent for the delivery of card transactions to Global via the applicable card processing network. Merchant agrees to assume full responsibility and liability for any failure of such agent to comply with the operating regulations and rules of the applicable card association or network organization, including without limitation any violation, which results in a chargeback to the Merchant. Merchant also agrees that the obligation hereunder to reimburse the Merchant for the value of the card transactions captured by an agent is limited to the value of the transactions (less applicable fees) received by the card processing network from the agent. NEITHER MEMBER, NOR GLOBAL DIRECT, NOR ANY SUPPLIER MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY TERMINAL, ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH, OR ANY OF THE SERVICES FURNISHED HEREUNDER.
Merchant herby warrants and certifies that: (i) the taxpayer identification number ("TIN") provided on the Merchant Application is Merchant's true and correct TIN; (ii) Merchant is not subject to backup withholding because (a) Merchant is exempt from backup withholding, (b) Merchant has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Merchant that it is no longer subject to backup withholding, and (iii) Merchant is a citizen of the United States of America ("U.S.") or other U.S. person. (For federal tax purposes, Merchant is considered a U.S. person if Merchant is: an individual who is a U.S. citizen, or U.S. resident alien, partnership, corporation, company or association created or organized in the United States or under the laws of the United States, and estate (other than a foreign estate), or a domestic trust (as defined in the Internal Revenue Code section 301.7701-7.))
Merchant agrees to satisfy directly with the card holder any claim or complaint arising in connection with the card sale. Merchant agrees to indemnify and hold Global Direct and Member harmless from and against any and all liabilities, losses, claims, damages, disputes, offsets, claims or counterclaims made by a cardholder or any other person or entity with regard to indebtedness sold by Merchant hereunder or any other Service provided hereunder.
Neither Member nor Global Direct shall be liable for failure to provide the Services if such failure is due to any cause or condition beyond such party's reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of labor or materials, freight embargoes, unusually severe weather, breakdowns, operational failures, electrical power failures, communication failures, unavoidable delays, or other similar causes beyond such party's control. The liability of Global Direct and Member for any loss hereunder, including but not limited to damages arising out of any malfunction of the equipment or the failure of the equipment to operate, the unavailability or malfunction of the Services, personal injury, or property damage, shall, in the aggregate, be limited to actual, direct, and general money damages in an amount not to exceed one (1) month's average charge paid by Merchant hereunder (exclusive of interchange fees, assessments, and any other fees or costs that are imposed by a third party in connection with Merchant's payment processing) for Services during the previous twelve (12) months or such lesser number of months as shall have elapsed subsequent to the effective date of this Agreement. This shall be the extent of Global's and Member's liability in the event of any alleged default by Global Direct or Member arising out of or relating in any way to this Agreement, including alleged acts of negligence, breach of contract, or otherwise and regardless of the form in which any legal or equitable action may be brought against Global Direct or Member, whether contract, tort or otherwise, and the foregoing shall constitute Merchant's exclusive remedy. Under no circumstances shall Global Direct or Member be liable for any lost profits, lost interest, or for special, consequential, punitive or exemplary damages, including but not limited to, damages arising out of placement of a Merchant's name on any terminated merchant list for any reason, even if Global Direct or Member has been advised of the possibility of such damages. It is agreed that in no event will Global Direct or Member be liable for any claim, loss, billing error, damage, or expense caused by Global Direct's or Member's performance or failure to perform hereunder which is not reported in writing to Global Direct by Merchant within 60 days of such failure to perform or, in the event of a billing error, within 90 days of the date of the invoice or applicable statement. Merchant expressly waives any such claim that is not brought within the time periods stated herein.
This Agreement shall remain in full force and effect for an initial term of three (3) years. This Agreement shall be automatically extended for successive one (1) year periods on the same terms and conditions expressed herein, or as may be amended, unless Merchant gives written notice of termination as to the entire Agreement or a portion thereof at least 60 days prior to the expiration of the initial term or any extension or renewals thereof, in which case this Agreement will terminate at the end of the then-current term. Notwithstanding anything to the contrary set forth herein, in the event Merchant terminates the Agreement in breach of this Section 13, all monthly fees assessed to Merchant under the Agreement and due to Global Direct for the remainder of the then existing term of the Agreement, including all minimum monthly fee commitments, shall be immediately due and payable to Global Direct, and Merchant hereby authorizes Global Direct to deduct the greater of (a) $295 and (b) all remaining monthly fees (provided in no event shall either such amount exceed the maximum amount permitted by applicable state law) from Merchant's account referenced in Section 5, or to otherwise withhold the total amount from amounts due to Merchant from Global Direct, immediately on or after the effective date of termination. If the Merchant's account does not contain sufficient funds for the debit or the amount cannot be withheld by Global Direct from amounts due to Merchant, Merchant shall pay Global Direct the amount due within ten (10) days of the date of Global Direct's invoice for same. The payment of accelerated monthly fees as described here is not a penalty, but rather is hereby agreed by the parties to be a reasonable amount of liquidated damages to compensate Global Direct for its termination expenses and all other damages under the circumstances in which such amounts would be payable. Such amounts shall not be in lieu of but in addition to any payment obligations for Services already provided hereunder (or that Global Direct may continue to provide), which shall be an additional cost, and any and all other damages to which Global Direct may be entitled hereunder. Notwithstanding the foregoing, Global Direct may terminate this Agreement or any portion thereof upon written notice to Merchant. Furthermore, Global Direct may terminate this Agreement at any time without notice upon Merchant's default in performing under any provision of this Agreement, upon an unauthorized conversion of all or any part of Merchant's activity to mail order, telephone order, or to any activity where the card is not physically present and swiped through the Merchant's terminal, upon any failure to follow the Card Acceptance Guide or any operating regulation or rule of a card association or network organization, upon any misrepresentation by Merchant, upon commencement of bankruptcy or insolvency proceedings by or against the Merchant, or in the event Global Direct reasonably deems itself insecure in continuing this Agreement. In the event that Global Direct and Member breach the terms and conditions hereof, the Merchant may, at its option, give written notice to Global Direct and Member of its intention to terminate this Agreement unless such breach is remedied within 30 days of such notice. Failure to remedy such a breach shall make this Agreement terminable, at the option of the Merchant, at the end of such 30 day period unless notification is withdrawn. Any Merchant deposit of sales or credit slips that is accepted by Global Direct and Member or by a designated depository after the effective date of termination will be returned to Merchant and will not be credited (or debited) to its account(s). If the deposit has already been posted to Merchant's account(s), said posting will be reversed and the deposit returned to Merchant. Termination of this Agreement shall not affect Merchant's obligations which have accrued prior to termination or which relate to any indebtedness purchased hereunder prior to termination, including but not limited to charge backs even if such charge backs come in after termination. In the event of termination, all equipment leased from Global Direct (but not from any other leasing agent), including but not limited to imprinters, terminals, and printers; all supplies; Card Acceptance Guides; and operating instructions must be returned immediately to Global at Merchant's expense. Notwithstanding the foregoing, if within forty-five (45) days of Merchant's execution of this Agreement Merchant both provides NAB or Global with written notice that it wishes to terminate this Agreement immediately and, if applicable, returns to Global, or anyone acting on Global Direct or Member's behalf, at Merchant's expense any free terminals Merchant received in connection with this Agreement, Merchant shall not be responsible for the payment of the above-referenced accelerated monthly fees, but shall be responsible for compliance with all other terms and conditions set forth in this Agreement, including but not limited to payment for all fees incurred prior to the termination of this Agreement.
If a card holder disputes any transaction, if a transaction is charged back for any reason by the card issuing institution, or if Global Direct or Member has any reason to believe an indebtedness previously purchased is questionable, not genuine, or is otherwise unacceptable, the amount of such indebtedness may be charged back and deducted from any payment due to Merchant or may be charged against any of Merchant's accounts or the Reserve Account (as defined below). Merchant acknowledges and agrees that it is bound by the rules of the card associations and network organizations with respect to any chargeback. Merchant further acknowledges that it is solely responsible for providing Global Direct and Member with any available information to re- present a chargeback and that, regardless of any information it provides or does not provide Global Direct and Member in connection with a chargeback, or any other reason, Merchant shall be solely responsible for the liability related to such chargeback. A list of some common reasons for chargebacks is contained in the Card Acceptance Guide provided, however, that such list is not exclusive and does not limit the generality of the foregoing. If any such amount is uncollectible through withholding from any payments due hereunder or through charging Merchant's accounts or the Reserve Account, Merchant shall, upon demand by Global Direct, pay Global Direct the full amount of the charge back. Merchant understands that obtaining an authorization for any sale shall not constitute a guarantee of payment, and such sales slips can be returned or charged back to Merchant like any other item hereunder.
At any time, Global Direct and Member may, at their option, establish a reserve account to secure the performance of Merchant's obligations under this Agreement to such party ("Reserve Account"). The Reserve Account may be funded, at Global Direct's (or anyone acting on Global Direct's behalf's) sole discretion, through any or all of the following: (a) Direct payment by Merchant - At the request of Global Direct or Member, Merchant will deposit funds in the Reserve Account; (b) The proceeds of indebtedness presented for purchase; or (c) The transfer by Global Direct and Member into the Reserve Account of funds withdrawn from any of the accounts referred to in Section 5 or any other accounts, including certificates of deposit, maintained by Merchant or Merchant's guarantor, if any, with any designated depository or other financial institution. Merchant and Merchant's guarantor hereby grant Member a security interest in all accounts referenced in Section 5 or any other accounts, including certificates of deposits, maintained by Merchant or Merchant's guarantor, if any, with any designated depository or other financial institution and authorize Global Direct (to the extent authorized by Member) or Member to make such withdrawals at such times and in such amounts as it may deem necessary hereunder. Merchant and Merchant's guarantor hereby instruct said financial institutions to honor any requests made by Global Direct and Member under the terms of this provision. Merchant and Merchant's guarantor will hold harmless the financial institutions and indemnify them for any claims or losses they may suffer as a result of honoring withdrawal requests from Global Direct and Member. Merchant hereby agrees that Global Direct and Member may deduct from this Reserve Account any amount owed to such party in accordance with this Agreement. Any funds in the Reserve Account may be held until the later of (a) the expiration of any potentially applicable chargeback rights in respect of purchased indebtedness under the rules and regulations of the card associations or network organizations and (b) the period necessary to secure the performance of Merchant's obligations under this Card Services Agreement, which holding period may extend beyond termination of this Agreement. The Merchant will not receive any interest on funds being held in a Reserve Account and merchant has no right to access the funds being held in the Reserve Account or otherwise transfer, pledge or use these funds for its own purpose. Without lim iting the generality of the foregoing, Merchant shall, upon termination of this Card Services Agreement, maintain the sum of at least five percent (5%) of gross sales for the 90 day period prior to termination to be held in a Reserve Account in accordance with the terms of this Card Services Agreement. Global Direct may, at its discretion upon termination of this Agreement, require that the Merchant maintain more than five percent (5%) of gross sales for the 90 day period prior to termination in a Reserve Account.
Upon failure by Merchant to meet any of its obligations under this Agreement (including funding the Reserve Account), any of the accounts referred to in Section 5 or any other accounts belonging to Merchant, Merchant's affiliated entities, or Merchant's guarantor held by any designated depository (or by any other financial institution) may be debited without notice to Merchant, and Merchant (on behalf of itself and its affiliated entities) and Merchant's guarantor gives Member and Global Direct a security interest in all such accounts for these purposes. The scope of the security interest, and Merchant's (on behalf of itself and its affiliated entities) and Merchant's guarantor's instructions to its financial institutions to accept withdrawal requests from Global Direct and Member, and Merchant's agreement to hold such institutions harmless and to indemnify them are described above in Section 15. Merchant also agrees that, in the event of a default by Merchant, and in furtherance of its rights under Section 5 above and otherwise, Member has a right of setoff and may apply any of Merchant's deposit balances or any other monies due Merchant from Member towards the payment of amounts due from Merchant under the terms of this Agreement. The rights stated herein are in addition to any other rights Global Direct and Member may have under applicable law.
This Agreement may be amended only in writing signed by Global Direct, Member, and Merchant, except that (a) the Card Acceptance Guide and any and all fees, charges, and/or discounts (including without limitations non-qualified surcharge rates) may be changed immediately, or (b) Global Direct may mail Merchant either (i) a notice describing amendments to this Agreement or new services to be provided or fees to be charged to Merchant or (ii) an entirely new agreement, which notice, amendments or new agreement will be binding upon Merchant if it deposits sales or credit slips after the effective date of such amendment or new agreement set forth in Global's notice; provided, however, that a minimum of thirty (30) days advance notice will be provided to Merchant in the case of any fee increase or introduction of a new fee related to MasterCard and Maestro, and in such event Merchant will have the right to terminate MasterCard or Maestro acceptance under this Agreement within ninety (90) days of receiving notice of such fee increase or introduction of a new fee. Notwithstanding the foregoing, this termination right as to MasterCard acceptance will not apply to any fee increase made in accordance with a pre-determined fee schedule included in this Agreement.
No provision of this Agreement shall be deemed waived by any party unless such waiver is in writing and signed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising on the part of any party hereto, any right, power or privilege under this Card Services Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege under this Card Services Agreement preclude any other or further exercise thereof or the exercise of any right, power, or privilege.
Merchant authorizes Global Direct to order a credit report on Merchant or any owner, officer, shareholder, partner, proprietor, managing agent or guarantor of Merchant. Merchant hereby authorizes Member or any depository institution to release any financial information concerning Merchant or its accounts to Global Direct. Subsequent credit reports may be ordered in connection with updating, renewing or continuing this Agreement. Upon the written request of any individual who is the subject of a consumer credit report, Global Direct will provide the name and address of the consumer credit reporting agency furnishing such report, if any. Global Direct may exchange information about Merchant, Merchant's owners, principals, partners, proprietors, officers, shareholders, managing agents and guarantors with Member, other financial institutions and credit card associations, network organizations and any other party. Merchant hereby authorizes Global Direct to disclose information concerning Merchant's activity to any card association, network organizations, or any of their member financial institutions, or any other party without any liability whatsoever to Merchant.
If any provision of this Agreement or portion thereof is held to be unenforceable, such a determination will not affect the remainder of this Agreement. Paragraph headings are included for convenience only and are not to be used in interpreting this Agreement.
Merchant will receive monthly statements by accessing them on-line (an "E-statement"), Merchant will need to visit and register at inside.payanywhere.com, agent's secure website, to obtain a user ID and password. Merchant will be required to provide their merchant ID and other additional information to verify their identification. After completing the registration process, Merchant will be able to access their E-statement(s) by visiting inside.payanywhere.com and logging in with their user ID and password, which user ID and password can l be reset at any time by Merchant. Merchant will typically have access to the E-statement by the third business day of the following month. Merchant acknowledges and agrees that if they will not receive a monthly paper account statement by mail. However, Merchant is entitled to also receive a paper copy of monthly statements through the U.S. mail by visiting inside.payanywhere.com, and following the opt-in procedures provided through that link, or by contacting the customer service number provided on their statements and in the welcome letter; provided, however, exercising the option to opt in does not constitute a withdrawal of consent to receive monthly E-statements. If Merchant chooses to receive paper statements, Merchant will be charged a monthly fee of $1.00 for each statement. In order to register to receive and access to E-statements, Merchant will need (i) internet access, (ii) a currently supported version of one the following internet browsers Internet Explorer, Firefox or Safari, and (iii) a currently supported PDF viewer (such as Adobe Reader which is available for free download at http://get.adobe.com/reader/). These requirements, browsers and/or PDF readers may change from time to time, and Merchant will be provided notice of any such change. None of Member, Global Direct or its agents are responsible for ensuring that Merchant's E-statements are accessible through outdated vendor products. In the event Merchant is unable to access any of the information that has been made available on the E-statement, it is Merchant's obligation to notify its agent immediately. Without limiting any of the rights under this Agreement, neither Global Direct, Member and/or anyone acting on Global Direct or Member's behalf are responsible for: (i) consequential or incidental damages caused by services performed by Member, Global Direct nor its agents, any agents of Member, Global Direct or its agents, or Merchant's internet services provider; (ii) damages arising from unauthorized access to E-statements; or (iii) any costs associated with updating, modifying, or terminating Merchant's software or hardware. Global Direct, Member and anyone acting on Global Direct or Member's behalf may change, suspend, or terminate all or any aspect of the E-statement upon notice to Merchant.
All notices required by this Agreement shall be in writing and shall be sent by telefax, by overnight carrier, or by regular or certified mail. All notices sent to Global Direct or Member shall be effective upon actual receipt by the Corporate Secretary of Global Payments Direct, Inc. 10 Glenlake Parkway North Tower, Atlanta, Georgia 30328. Any notices sent to Merchant shall be effective upon the earlier of actual receipt or upon sending such notice to the address provided by Merchant in the Merchant Application. The parties hereto may change the name and address of the person to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party.
From time to time Global and/or its agents may monitor and record telephone calls regarding Merchant's account to assure the quality of their service(s). Merchant agrees, in order for Global and/or its agents to service the account or to collect any amounts Merchant may owe, that Global and/or its agents may from time to time make calls and/or send e-mails and/or text messages to the Merchant, using prerecorded/artificial voice messages and/or through the use of an automatic dialing device, at any telephone number associated with Merchant's account, including wireless telephone numbers that could result in charges to Merchant, or at any email address Merchant provide to Global and/or its agents.
The Agreement, including these Terms and Conditions and the Merchant Application, constitutes the entire Agreement between Merchant, Global Direct, and Member and supersedes all prior memoranda or agreements relating thereto, whether oral or in writing. The Merchant, Global Direct and Member agree that, in order for the rights and obligations of the parties to be fairly and equitable administered, the various purchases of indebtedness contemplated under these Terms and Conditions and the Merchant Application shall constitute a single, integrated transaction, and not a series of separate or discrete transactions.
Should it be necessary for Global or Member to defend or enforce any of its rights under this Agreement in any collection or legal action, Merchant agrees to reimburse Global and/or Member, as applicable, for all costs and expenses, including reasonable attorney's fees, as a result of such collection or legal action. Without limiting the generality of the foregoing, Merchant agrees to reimburse Global and/or Member, as applicable, for all costs and expenses, including reasonable attorney's fees, incurred by Global and/or Member in enforcing or defending its rights under this Section 25, without regard to whether there has been an adjudication on the merits in any such action. Merchant waives trial by jury with respect to any litigation arising out of or relating to this Agreement. Global, Member, and Merchant agree that any and all disputes or controversies of any nature whatsoever (whether in contract, tort or otherwise) arising out, relating to, or in connection with (a) this Agreement, (b) the relationships which result from this Agreement, or (c) the validity, scope, interpretation or enforceability of the choice of law and venue provisions of this Agreement, shall be governed by the laws of the State of Georgia, notwithstanding any conflicts of laws rules, and shall be resolved, on an individual basis without resort to any form of clas s action and not consolidated with the claims of any other parties. Global, Member, and Merchant agree that all actions arising out, relating to, or in connection with (a) this Agreement,(b) the relationships which result from this Agreement, or (c) the validity, scope, interpretation or enforceability of the choice of law and venue provision of this Agreement shall be brought in either the courts of the State of Georgia sitting in Fulton County or the United States District Court for the Northern District of Georgia, and expressly agree to the exclusive jurisdiction of such courts. Merchant hereby agrees that claims applicable to American Express may be resolved through arbitration as further described in the American Express Merchant Requirements Guide (the "American Express Guide") attached as an appendix to the Card Acceptance Guide.
This Card Services Agreement shall become effective only upon acceptance by Global Direct and Member, or upon delivery of indebtedness at such locations as designated by Global Direct for purchase, whichever event shall first occur.
The financial institution set forth in the Merchant Application is designated by Merchant as a depository institution ("Depository") for its credit card indebtedness. Such financial institution must be a member of an Automated Clearing House Association. Merchant authorizes payment for indebtedness purchased hereunder to be made by paying Depository therefore with instructions to credit Merchant's accounts. Depository, Member, and/or Global Direct may charge any of Merchant's accounts at Depository for any amount due under this Agreement. Global Direct must approve in writing any proposed changes to the account numbers or to the Depository. Merchant hereby authorizes Depository to release any and all account information to Global Direct or anyone acting on Global Direct's behalf as Global Direct may request without any further authorization, approval or notice from or to Merchant.
The acquisition and processing of sales slips hereunder is a financial accommodation and, as such, in the event Merchant becomes a debtor in bankruptcy, this Agreement cannot be assumed or enforced, and Global Direct and Member shall be excused from performance hereunder.
Merchant is hereby granted a limited non-exclusive, non-transferable license to use Discover brands, emblems, trademarks, and/or logos that identify Discover cards ("Discover Program Marks"). Merchant is prohibited from using the Discover Program Marks other than is expressly authorized in writing by Global Direct. Merchant shall not use the Discover Program Marks other than to display decals, signage, advertising and other forms depicting the Discover Program Marks that are provided to Merchant by Global Direct pursuant to this Card Services Agreement or otherwise approved in advance in writing by Global Direct. Merchant may use the Discover Program Marks only to promote the services covered by the Discover Program Marks by using them on decals, indoor and outdoor signs, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Global Direct in writing. Merchant shall not use the Discover Program Marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the Discover Program Marks. Merchant recognizes that it has no ownership rights in the Discover Program Marks and shall not assign to any third party any of the rights to use the Discover Program Marks.
PayPal Marks means the brands, emblems, trademarks, and/or logos that identify PayPal Acceptance. Merchant shall not use the PayPal Marks other than to display decals, signage, advertising, and other forms depicting the PayPal Marks that are provided to Merchant by Global Direct pursuant to the Merchant Program or otherwise approved in advance in writing by Acquirer. Merchant may use the PayPal Marks only to promote the services covered by the PayPal Marks by using them on decals, indoor and outdoor signs, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Global Direct in writing. Merchant shall not use the PayPal Marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the PayPal Marks. Merchant recognizes that it has no ownership rights in the PayPal Marks. Merchant shall not assign to any third party any of the rights to use the PayPal Marks. Merchant is prohibited from using the PayPal Marks, not permitted above, unless expressly authorized in writing by PayPal.
Merchant hereby acknowledges and agrees that for purposes of acceptance of American Express, the American Express Guide is hereby incorporated by reference into this Card Services Agreement. In addition, Merchant hereby authorizes Global Direct to submit American Express transactions to, and receive settlement from, American Express on behalf of Merchant. Merchant must accept the American Express card as payment for goods and services (other than those goods and services prohibited under the American Express Guide sold, or (if applicable) for charitable contributions made, at all of its establishments, except as expressly permitted by state statute. Merchant is jointly and severally liable for the obligations of Merchant's establishments under the Card Services Agreement. For the avoidance of doubt, "cardholder" as used in this Card Services Agreement shall include Card Members as defined in the American Express Guide. Merchant hereby acknowledges and agrees that (i) Global Direct may disclose American Express Transaction Data (which for purposes of this Section 31 shall have the same definition as "Transaction Data" in the American Express Guide), Merchant Data (as defined below), and other information about Merchant to American Express, (ii) American Express may use such information to perform its responsibilities in connection with the American Express Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purpose, including marketing purposes, and (iii) American Express may use the information obtained in this application at the time of setup to screen and/or monitor Merchant in connection with American Express Card marketing and administrative purposes. If Merchant has provided a wireless phone number in connection with this Card Services Agreement, Merchant hereby agrees that it may be contacted at that number and the communications sent may include autodialed text messages or automated prerecorded calls. If Merchant has provided a fax number, Merchant hereby agrees that it may be sent fax communications. To opt out of American Express-related marketing communications, Merchant may contact Global Direct customer service as described in this Card Services Agreement. For purposes of this Section 31, "Merchant Data means names, postal and email addresses, tax ID numbers, names and social security numbers of the authorized signer of Merchant and similar identifying information about Merchant. For clarification, Merchant Data does not include American Express Transaction Data. Merchant hereby agrees that, in the event that Merchant becomes a High Charge Volume Merchant (as defined below), Merchant will be converted to from the American Express Program to a direct American Express Card acceptance agreement relationship with American Express, and upon such conversion, (i) Merchant will be bound by American Express' then-current card acceptance agreement, and (ii) American Express will set pricing and other fees payable by Merchant for American Express Card acceptance. "High Charge Volume Merchant" for purposes of this Section 31 means an American Express Program Merchant with either (i) greater than $1,000,000 in American Express charge volume in a rolling twelve (12) month period or (ii) greater than $100,000 in American Express charge volume in any three (3) consecutive months. For clarification, if Merchant has multiple establishments, the American Express charge volume from all establishments shall be summed together when determine whether Merchant has exceeded the thresholds above. Merchant shall not assign to any third party any American Express-related payments due to it under this Card Services Agreement, and all indebtedness arising from American Express Charges (as defined below) will be for bona fide sales of goods and services (or both) at its establishments (as defined below) and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that Merchant may sell and assign future American Express transaction receivables to Global Direct, its affiliated entities and/or any other cash advance funding source that partners with Global Direct or its affiliated entities, without consent of American Express.
Merchant hereby agrees that American Express shall have third party beneficiary rights, but not obligations, to enforce the Card Services Agreement against Merchant to the extent applicable to American Express processing. Merchant's termination of American Express card acceptance shall have no direct or indirect effect on


text:
Report a breach
Right now you see:
Order by:
Nothing found for your filters. Try a less restrictive filtering.
Your session is timing out because of inactivity. Please click the button below to avoid that your session expires.Click here to keep your session alive
Lost your password? Reset
New to Yourshop? Register


text:
There are days when I just avoid life. I should go out and walk around the yard or go to the park or something, but "noooo." What do I do? I decide to waste a precious hour of my life on an idiot program like Bridezillas. On those days, I worry about my own sanity.
It's like watching a train wreck. You just cannot look away. How anyone can behave like that is beyond belief. And, I sit there and wait for someone to shake some sense into them, or slap them in the face, or, at the very least walk out on them. But, that is not going to happen. If it did the show would have twenty minutes of dead air time.
What also amazes me is that anyone, who behaves that bad, would allow cameras to record it for posterity. Well, that is not the only thing that amazes me. It amazes me that any man has so little self respect that he would marry a woman like that. Even if he did not realize it before, he should know it by two weeks before that wedding and dump her sorry "you know what."
I never knew that a wedding was "All about me" either. I always thought it was a celebration of marriage and a commitment to each other. You know, it takes two to make a wedding/marriage. One day you meet the person with whom you want to share all the trials and tribulations and joys of life. Hopefully, you meet someone who makes you a better person and feels the same about you. Unfortunately, all too often, that does not work, but that is not the discussion here, although, maybe it should be because all the grooms of Bridezilla's would then get smart and walk out.
Is it possible that the "wedding money making machine" has created this? Is "having things so lavish that everyone who walks in the room knows you have more money than…" Well, Bernie Madoff comes to mind. Is that all a wedding is about now?
Come on people, take that $20,000, or more, and put it down on a house. Or, Take $18,000 of it and spend $2,000 on a trip somewhere. Otherwise, it's over the next day and statistics seem to be that you are divorced in a few years and what was the point after all?
Hey, could it be that if the goal of the whole day is to cement your love into a marriage, and you just had this little ceremony, with a few close friends, could it maybe mean you have your priorities straight and you will not add to those divorce statistics?


text:
Alloy Access Towers Narrow Width 0.85x2.5m
Where space is limited, our range of 0.85m wide mobile alloy towers can solve your access problem, perfect for stairwells, alleys and narrow forecourts.
Tower heights shown including handrail.
Don't forget we also offer PASMA training courses through HSS Training. View details of the courses here.View full details
Useful information
You are required to wear safety footwear to BS EN 345 for toe protection with this item.
Gauntlets, PVC, cotton or rigger gloves are required with this item for hand protection.
Protect against falling objects. Compulsory on site.
You will need a vehicle at least the size of a truck to collect this item
Free click and collect from your closest branch. And to make life easier you can drop off your kit at any branch nationwide. Simply check stock availability in your area and choose your branch for collection.
PLEASE NOTE: the special offer on this product is not valid for the hire period you have selected. The price in your basket will reflect this.