Sprucebooks       
 
 
 

Company Information

 +
If Your Mailing Is Different Than Above Please Check The Box Below:

Principal Information


Other Company Information


Bank Account Information


Substitute W-9

What Type Of Entity? *
Company Representations and Certifications. By signing below, the applicant company (“Company”) and its representative(s) represent and warrant to Elavon, Inc. (“Elavon” or “Member” as applicable), with offices at 7300 Chapman Highway, Knoxville, TN 37920 (collectively, “we” or “us”) that (i) all information provided in this company application (“Company Application”) is true and complete and properly reflects the business, financial condition, and principal partners, owners, or officers of Company; and (ii) the persons signing this Company Application are duly authorized to bind Company to all provisions of this Company Application and the Agreement. The signature by an authorized representative of Company on the Company Application, or the transmission of a Transaction Receipt or other evidence of a Transaction to us, shall be the Company’s acceptance of and agreement to the terms and conditions contained in the Agreement including, without limitation, this Company Application, the Terms of Service (“TOS”) and the Operating Guide incorporated herein by this reference and located at our website at https://www.merchantconnect.com/CWRWeb/pdf/TOS_ENG.pdf and https://www.merchantconnect.com/CWRWeb/pdf/MOG_Eng.pdf, respectively. If Company does not have access to view the TOS or Operating Guide at our website please contact our customer service center. Notwithstanding any such non-receipt of the TOS or Operating Guide, Company agrees to comply with the Agreement, and all applicable laws, rules, and regulations including the rules and regulations of the Payment Networks, and understands that failure to comply will result in termination of processing services. Capitalized terms shall, unless otherwise defined in this Company Application, have the same meaning ascribed to them in the TOS and Operating Guide. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. This means we will ask for certain information and identifying documents to allow us to identify you. Company and its representative(s) authorize us prior to our acceptance of this Company Application and from time to time thereafter, to investigate the individual and business history and background of Company, each such representative and any other officers, partners, proprietors, and/or owners of Company, and to obtain credit reports or other background investigation reports on each of them that we consider necessary to review the acceptance and continuation of this Company Application. Company also authorizes any person or credit reporting agency to compile information to answer those credit inquiries and to furnish that information to us. This Company Application may be signed in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Company Application. Delivery of executed counterparts of this Company Application may be accomplished by a facsimile transmission, and a signed facsimile or copy of this Company Application shall constitute a signed original. Company understands that an authorization code is not a guarantee of acceptance or payment of a Transaction. Receipt of an authorization code does not mean that company will not receive a Chargeback for that Transaction. All companies must comply with the requirements of the Payment Card Industry Data Security Standards (“PCI DSS”). Elavon requires Level 4 companies (determined based on Transaction volume) to validate PCI DSS compliance on an annual basis, with initial validation to occur no later than ninety (90) days after account approval. Any company that has not validated PCI DSS compliance within ninety (90) days of account approval, or in subsequent years on or before the anniversary date of account approval, will be charged a monthly non-compliance fee of $45 until Elavon is provided with validation of PCI DSS compliance. Company may be eligible for Data Breach Financial Assistance Coverage following account approval and PCI DSS compliance validation. See the PCI Compliance Program Overview for assistance details and conditions. Under penalties of perjury, Company certifies that: 1. The number shown on this Company Application is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person. 4. The FATCA code(s) entered on this form (if any) indicating I am exempt from FATCA reporting is correct. American Express Acceptance Program (Acceptance Program). If Company has elected to accept American Express® Transactions (as indicated in the Card Acceptance section of this Company Application), in addition to all other terms of this Agreement, Company agrees to the provisions set forth in Section E (Acceptance Program) of the TOS. By signing below or by accepting a Transaction initiated with an American Express® Payment Device, Company expressly authorizes Elavon to submit American Express® Transactions to, and to receive settlement funds from, American Express on Company’s behalf. Company further authorizes Elavon to provide Company’s contact information to American Express, and Company agrees that American Express may use and share such contact information for its business purposes and as permitted by applicable Laws, including to communicate with Company regarding products, services, and resources available to Company’s business. American Express’s use of the email address and mobile phone number provided above is subject to the consent to such use as indicated in Section 1 of this Company Application. Consent to American Express’s use of contact information for such communications may be withdrawn at any time by contacting our customer service center. Even if consent is withdrawn, Company may still receive messages related to important information about Company’s account from American Express. Company or Elavon may terminate Company’s acceptance of American Express® Payment Devices at any time, with or without cause, without affecting Company’s rights and obligations pursuant to the remainder of this Agreement. Company acknowledges that, if at any time Company is no longer qualified to participate in the Acceptance Program, Company may be enrolled in the standard American Express® card acceptance program, which may have different terms and conditions than the Acceptance Program, and Company’s acceptance of American Express® Payment Devices pursuant to this Agreement will be terminated. Company acknowledges that American Express is an intended third-party beneficiary of this Agreement, solely with respect to the terms and conditions applicable to Company’s acceptance of American Express® Payment Devices, and that American Express has the right to enforce such terms and conditions directly against Company. Signature: *
clear
As a primary inducement to us to accept this Company Application, the undersigned Guarantor(s), by signing the Company Application, jointly and severally, unconditionally and irrevocably, guarantee the continuing full and faithful performance and payment by Company of each of its duties and obligations to us (including, without limitation, Chargebacks and obligations in connection with Leased Equipment, if applicable) pursuant to the Company Application and Agreement, as may be amended from time to time, with or without notice. Guarantor(s) understand further that we may proceed directly against Guarantor(s) without first exhausting our remedies against any other person or entity responsible therefore to them or any security held by us or Company. This guarantee will not be discharged or affected by the death of the Guarantors, will bind all heirs, administrators, representatives and assigns and may be enforced by or for the benefit of any of our successors. Guarantor(s) understand that the inducement to us to accept this Company Application is consideration for the guaranty and that this guaranty remains in full force and effect even if the Guarantor(s) receive no additional benefit from the guaranty. The undersigned hereby directs any consumer reporting agency to furnish a consumer credit report that relates personally to the undersigned upon the request of Elavon or any of its designees, successors or assigns and agrees that all parties involved are in compliance with the Fair Credit Reporting Act. Signature : *
clear
(If) I choose a flat rate customer based processing fee I understand that my customers will be charged a security and delivery fee of $4.50 to handle all transactions and a percentage that may vary with the amount of the sale. I understand that this amount will be deposited and then deducted from my account. I also understand that my customers will be required to agree to the following: “By using this Service, you agree to contract with Sprucebooks to handle this transaction. The security & delivery fee is an amount charged by Sprucebooks to you for processing your payment and forwarding it to the company to whom you have agreed to make the payment. The security & delivery fee is refundable only if the full amount of the payment is voided or cancelled. Upon completing the transaction, the full amount of your payment is forwarded by the processor to the company you are paying and the transaction is recorded as occurring the moment you completed it. The timely recognition of your payment is one of the primary benefits of using this method of payment as it may help you avoid late payment fees or lapses in service. The security & delivery fee is a part of the payment you are making. It is a separate charge for using the Service, Sprucebooks Payment Gateway. If you decide not to use the service, you may make your payment by using some other payment method and not incur the security delivery fee.” *
clear
BANK ACH AUTHORIZATION Customer hereby authorizes R2P2 Inc DBA Sprucebooks or its designee successor or assign (hereinafter “Vendor”) to withdraw any amounts including any and all sales fees now due or hereinafter imposed owed by Customer under this ACH (“Agreement”) by initiating debit entries to Customer’s account at the financial institution (hereinafter “Bank”) indicated in this agreement or at any such other Bank as Customer may from time to time use. In the event of default of Customer’s obligation hereunder, Customer authorizes debit of Customer’s account or credit card for the full amount due under this Agreement or any portion thereof. Further, Customer authorizes Bank to accept and to charge any debit entries initiated by Vendor to Customer’s account. In the event that Vendor withdraws erroneously from Customer’s account, Customer authorizes Vendor to credit Customer’s account for the amount erroneously withdrawn. Customer understands that the foregoing ACH authorization is a fundamental condition to induce Vendor to accept this Agreement. Consequently, such authorization is intended to be irrevocable and if cancelled, Customer authorizes Bank to pay a single and final ACH debit to Vendor equal to any balance due on Agreement. In the event that Vendor is unable to collect any ACH debit to Customer, in its sole discretion, may either deem such an event as default in accordance with the Agreement or may invoice Customer for payments due under this Agreement and include a $5.00 processing fee in such invoices. Additionally invoices not paid within 30 days of invoice date will be subject to a 1.5% per month finance charge beginning 31 days after invoice date. Authorized Signature: *
clear
GUARANTEE To induce Vendor to enter into this Agreement for Customer knowing that Vendor is relying on this Guaranty as a precondition to making this Agreement, I INDIVIDUALLY, PERSONALLY, ABSOLUTELY AND UNCONDITIONALLY GUARANTY to Vendor (and any person or firm Vendor may transfer its interests to) all payments and other obligations owed by Customer to Vendor under this Agreement and any add-on Services, Equipment Schedules and future Agreements between Vendor and Customer, including, but not limited to, Vendor’s attorney’s fees and legal costs incurred in enforcing this Agreement. I will also pay all reasonable costs and fees incurred by Vendor in enforcing this Guaranty. I waive notice of demand and notice of default and I agree that Vendor may proceed directly against me without first proceeding against Customer or the security (including the Equipment). This Guaranty shall be governed by the laws of North Carolina. I FREELY CONSENT TO PERSONAL JURISDICTION IN THE North Carolina COURTS INCLUDING WITHOUT LIMITATIONS THE CIVIL COURT OF THE CITY OF Charlotte, NC AND I WAIVE TRIAL BY JURY. This Guaranty will bind my heirs, representatives and successors. *
clear
Elavon Merchant Application ELV-0716