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Electronic Payment Agreement Template for United States

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Key Requirements PROMPT example:

Electronic Payment Agreement

"I need an Electronic Payment Agreement for my e-commerce business to process credit card payments through PayTech Solutions, with specific provisions for international transactions and chargebacks, to be effective from March 1, 2025."

What is a Electronic Payment Agreement?

The Electronic Payment Agreement serves as the foundational document for establishing and managing electronic payment relationships in compliance with U.S. federal and state regulations. It is essential when businesses want to implement electronic payment capabilities, whether through payment service providers, payment gateways, or direct bank relationships. This agreement addresses critical aspects such as transaction processing, security protocols, fee structures, and compliance requirements, while ensuring adherence to the Electronic Funds Transfer Act, NACHA rules, and other applicable regulations.

What sections should be included in a Electronic Payment Agreement?

1. Parties: Identification of the contracting parties providing and receiving electronic payment services

2. Background: Context of the agreement and establishment of the electronic payment relationship

3. Definitions: Key terms used throughout the agreement including payment types, processing periods, and technical terms

4. Payment Services: Detailed description of electronic payment services covered, including processing, settlement, and reconciliation

5. Fee Structure: Payment processing fees, transaction charges, and payment terms

6. Security Requirements: Data security measures, compliance requirements, and protection of payment information

7. Term and Termination: Duration of the agreement and conditions for termination or modification

What sections are optional to include in a Electronic Payment Agreement?

1. International Payments: Terms and conditions specific to cross-border transactions and international payment processing

2. Currency Conversion: Rules and rates for currency exchange in multi-currency transactions

3. Integration Services: Technical specifications for API integration and software compatibility requirements

What schedules should be included in a Electronic Payment Agreement?

1. Fee Schedule: Detailed breakdown of all transaction fees, processing charges, and payment terms

2. Service Level Agreement: Performance metrics, service standards, and response time commitments

3. Security Protocol: Comprehensive security requirements, procedures, and compliance standards

4. Technical Specifications: Detailed technical requirements, integration specifications, and system compatibility standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶ÒõÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Electronic Funds Transfer Act (EFTA): Federal law that establishes the basic rights, liabilities, and responsibilities of consumers who use electronic fund transfer services and of financial institutions that offer these services

Regulation E: Federal Reserve Board regulation that implements the Electronic Funds Transfer Act, providing a framework for electronic banking transactions

E-SIGN Act: Federal law ensuring the legal validity of electronic signatures and electronic documents in interstate commerce

Uniform Electronic Transactions Act (UETA): State-level uniform law providing consistent rules for electronic transactions across different states

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Anti-Money Laundering (AML) regulations: Set of procedures, laws, and regulations designed to prevent the practice of generating income through illegal actions

USA PATRIOT Act: Federal law that includes provisions for preventing, detecting, and prosecuting international money laundering and financing of terrorism

NACHA Operating Rules: Rules governing the ACH Network, providing the framework for electronic payment processing and settlement

Card Network Rules: Operating regulations set by major card networks (Visa, Mastercard, Amex, Discover) governing card payment processing

CFPB Regulations: Federal regulations designed to ensure consumers are treated fairly by financial institutions and payment processors

Fair Credit Billing Act: Federal law that protects consumers from unfair billing practices and provides mechanism for addressing billing errors

Truth in Lending Act: Federal law requiring clear disclosure of lending terms and costs to protect consumers in credit transactions

Gramm-Leach-Bliley Act (GLBA): Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

PCI DSS: Security standards designed to ensure companies processing, storing, or transmitting credit card information maintain secure environment

State Money Transmitter Laws: State-specific licensing requirements for businesses that transmit or convert money

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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