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MERCHANT PROCESSING AGREEMENT - MERCHANT APPLICATION (City of Oakland)

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MERCHANT PROCESSING AGREEMENT - MERCHANT APPLICATION
HARBORTOUCH IS A REGISTERED ISO/MSP OF CITIZENS BANK, N.A., PROVIDENCE, RI.
PAGE 1 OF 3
OCT21
HT3654_10202021_LA OCT 21
A SHIFT4 COMPANY
EMAIL ADDRESS MOBILE #
ID TYPE
EXP. DATE
ISSUING STATE/COUNTRY PASSPORT # (NON-US CITIZENS)
ID #
04 CERTIFICATION OF BENEFICIAL OWNER(S)
#1
CITY
STATE ZIP
DOBM.I.
I: BENEFICIAL OWNERSHIP INFORMATION: Provide the following informaon for each individual, if any, who directly or indirectly, through any contract, arrangement, understanding,
relaonship or otherwise, owns 25% or more of the equity interest of the legal enty listed on this form. If no individual meets this definion, please enter the business’s owners or officers
and enter 0% as “% of ownership”.
LAST NAME FIRST NAME % OF OWNERSHIP
ADDRESS (NO P.O. BOX) SSN (US PERSONS)
EMAIL ADDRESS MOBILE #
ID TYPE
EXP. DATE
ISSUING STATE/COUNTRY PASSPORT # (NON-US CITIZENS)
ID #
#2
CITY
STATE ZIP
DOBM.I.
LAST NAME FIRST NAME % OF OWNERSHIP
ADDRESS (NO P.O. BOX) SSN (US PERSONS)
NAME OF ACCOUNT (DOING BUSINESS AS)
DBA ADDRESS (IF DIFFERENT FROM LEGAL)
CITY
STATE ZIP
AUTHORIZED CONTACT
EXACT LEGAL NAME
LEGAL ADDRESS
CITY
STATE ZIP
FEDERAL TAX I.D. NUMBER (9 DIGITS)
TELEPHONE #
DATE OF BIRTH
WEBSITE ADDRESS
MERCHANT E-MAIL ADDRESS (AGENT E-MAIL ADDRESS CANNOT BE ACCEPTED)
FAX #
TYPE OF OWNERSHIP:
SOLE PROPRIETOR PARTNERSHIP CORPORATION LLC NON-PROFIT GOVERNMENT ASSOCIATION
01 MERCHANT INFORMATION
GO GREEN - OPT IN FOR PAPERLESS STATEMENTS (MUST PROVIDE E-MAIL ADDRESS)
MERCHANDISE/SERVICE SOLD:
YEARS IN BUSINESS: MONTHLY VOLUME: $
AVERAGE TICKET AMOUNT: $
HIGHEST TICKET AMOUNT: $
PERCENT OF BUSINESS
CARD SWIPED
MANUAL KEY WITH IMPRINT
CARD NOT PRESENT
TOTAL
%
%
%
100%
IF SEASONAL, INDICATE OPERATING MONTHS: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
DOES MERCHANT USE A FULFILLMENT HOUSE?
YES NO
DELIVERY OF PRODUCTS:
TIME OF SALE 1-3 DAYS 3-5 DAYS 5-15 DAYS 15 DAYS +
SERVICE PROVIDER: DOES YOUR SITE HAVE A SECURE CERTIFICATE?
YES NO
LIST ALL APPLICABLE URLS FOR YOUR WEBSITE: IF E-COMMERCE, DO YOU USE A FULFILLMENT CENTER?
YES NO
IF YES, PLEASE LIST CONTACT INFORMATION:
WHEN IS THE CARDHOLDER BILLED FOR PRODUCTS/SERVICES?
ON ORDER SHIPMENT
E-COMMERCE MERCHANTS ONLY
DOES MERCHANT CONDUCT BUSINESS SEASONALLY?
YES NO
HAS MERCHANT PREVIOUSLY ACCEPTED CREDIT CARDS?
YES NO
PROCESSOR:
HAVE YOU BEEN PREVIOUSLY TERMINATED BY ANOTHER ACQUIRER?
YES NO
IF YES, NOTE REASON FOR TERMINATION:
SIC CODE
FAIR ISAAC SCORE
AGENT NAME
OFFICE PHONE
OFFICE CODE
REP CODE
OFFICE USE
ONLY
CSDE: NEW LOCATION OWNERSHIP CHANGE ADDITIONAL LOCATION
NAME OF MERCHANT'S BANK
ROUTING/ABA #
CONTACT BANK LOCAL TELEPHONE #
DBA CHECKING ACCOUNT
03 BANKING INFORMATION
In accordance with the Merchant Processing Agreement and Gateway Services Agreement, fund transfers will be made to/from the account set forth in the enclosed voided check or bank leer.
02 MERCHANT PROFILE
2202 North Irving Street, Allentown, PA 18109
Tel: 800-201-0461
| Fax: 908-730-7437
Chung Leung
CHL66
NYCHL
Restaurant
3
88000
55
6000
99
0
1
Istvan Nagy
021000021
795090890
Nagy
151 E 57TH ST
Istvan
NEW YORK
100
119-88-5133
06/27/1972
NY
10022-2101
N/A
Driver's License
290629289
06/27/2022
info@sidedoornyc.com
NY
(646) 283-0903
Side Door
151 E 57TH ST
NY
NEW YORK
Istvan Nagy
06/27/1972
10022-2101
info@sidedoornyc.com
(646) 283-0903
NEW YORK
NY
10022-2101
83-3755286
151 E 57TH ST
151 E 57 LLC
PAGE 2 OF 3
OCT21
HT3654_10202021_LA OCT 21
HARBORTOUCH IS A REGISTERED ISO/MSP OF CITIZENS BANK, N.A., PROVIDENCE, RI.
EMAIL ADDRESS MOBILE #
ID TYPE
EXP. DATE
ISSUING STATE/COUNTRY PASSPORT # (NON-US CITIZENS)
ID #
#3
CITY
STATE ZIP
DOBM.I.
LAST NAME FIRST NAME % OF OWNERSHIP
ADDRESS (NO P.O. BOX) SSN (US PERSONS)
EMAIL ADDRESS MOBILE #
ID TYPE
EXP. DATE
ISSUING STATE/COUNTRY PASSPORT # (NON-US CITIZENS)
ID #
#4
CITY
STATE ZIP
DOBM.I.
LAST NAME FIRST NAME % OF OWNERSHIP
ADDRESS (NO P.O. BOX) SSN (US PERSONS)
TITLEEMAIL ADDRESS MOBILE #
ISSUING STATE/COUNTRY PASSPORT # (NON-US CITIZENS)
ID TYPE
EXP DATEID #
04 CERTIFICATION OF BENEFICIAL OWNER(S) cont’d
II: MANAGING RESPONSIBILITY (REQUIRED): Provide informaon below for one individual with significant responsibility for managing the legal enty previously listed on this form, such
as, an execuve officer or senior manager (e.g. Chief Execuve Officer, Chief Financial Officer, Chief Operang Officer, Managing Member, General Partner, President, Vice President,
Treasurer); or Any other individual who regularly performs similar funcons. If appropriate, an individual listed in C: BENEFICIAL OWNERSHIP INFORMATION (above) may be listed in this
secon. INDIVIDUAL WITH SIGNIFICANT CONTROL:
CITY
STATE ZIP
DOBM.I.
LAST NAME FIRST NAME % OF OWNERSHIP
ADDRESS (NO P.O. BOX) SSN (US PERSONS)
NET GROSS
CREDIT: INTERCHANGE, DUES & ASSESSMENTS +
DEBIT: INTERCHANGE, DUES & ASSESSMENTS +
05 MERCHANT ACCOUNT RATES
MERCHANT TYPE: RETAIL RESTAURANT FUEL SUPERMARKET LODGING MOTO E-COMMERCE
OPTION 4 - INTERCHANGE PLUS PRICING
PRICING FOR VISA/MASTERCARD/DISCOVER:
NET GROSS
CREDIT/DEBIT: SIMPLECHANGE, DUES & ASSESSMENTS +
OPTION 3 - SIMPLECHANGE PRICING
PRICING FOR VISA/MASTERCARD/DISCOVER:
All AMEX transacons will be charged a AMEX 0.25% Sponsorship Fee and as applicable a Card Not Present Fee of 0.30% and a Cross Border Transacon Fee of 0.40%. Fees or charges may be added or changed by an amendment to the
Merchant Processing Agreement with 30 days noce. AMEX ESA Program acceptance will be assessed at the same processing rates of Visa/Mastercard/Discover.
ADVANTAGE PROGRAM: %
OPTION 1 - ADVANTAGE PROGRAM PRICING
PRICING FOR VISA/MASTERCARD/DISCOVER:
Please review the Merchant Processing Agreement at www.shi4.com/legal for addional informaon on which interchange programs apply. “AMEX Cost" includes all Interchange/Discount, Dues, Assessments, surcharges, plus an AMEX
0.25% Sponsorship Fee applicable for AMEX transacons. For more informaon on interchange rates visit www.visa.com, www.mastercard.com or www.americanexpress.com. The following surcharges also apply to American Express
transacons when applicable: Card Not Present Fee of 0.30% and Cross Border Transacon Fee of 0.40%. Fees or charges may be added or changed by an amendment to the Merchant Processing Agreement with 30 days noce. AMEX
ESA Program acceptance will be assessed at the same processing rates of Visa/Mastercard/Discover credit secon.
PRICING FOR AMERICAN EXPRESS OPT BLUE PROGRAM:
SAME RATE AS CREDIT/DEBIT FOR VISA/MASTERCARD/DISCOVER
TIERED: RATE 1: + $ RATE 2: + $ RATE 3: + $
BUNDLED: + $
RATE 2:
RATE 1 +
RATE 2:
RATE 3:
RATE 1 +
RATE 3:
RATE 2 +
RATE 4:
RATE 2 +
SELECT ONE:
RATE 1:
RATE 1:
RATE 2:
RATE 1 +
2 - TIER (MOTO/E-COMMERCE ONLY)
3 - TIER
4 - TIER
RATE 1:
PRICING FOR AMERICAN EXPRESS OPT BLUE PROGRAM:
SELECT ONE:
OPTION 5 - TIERED PRICING
PRICING FOR VISA/MASTERCARD/DISCOVER:
FOR AMERICAN EXPRESS ACCEPTANCE SELECT ONE PROGRAM:
Where ered pricing is selected (Opon 5), as indicated above, the fees quoted in the above fee schedule plus Assessments shall apply to each credit and debit transacon in addion to the rates set forth in the Merchant Processing
Agreement. Assessments are charged as follows: Visa: 0.14%, MasterCard: 0.13%, Discover: 0.13%. "AMEX Cost" includes all Interchange/Discount, Dues, Assessments, surcharges, plus an AMEX 0.25% Sponsorship Fee applicable for
AMEX transacons. The following surcharges also apply to American Express transacons when applicable: Card Not Present Fee of 0.30% and Cross Border Transacon Fee of 0.40%. For more informaon on interchange rates visit
www.visa.com, www.mastercard.com, www.americanexpress.com, or www.discover.com. Fees or charges may be added or changed by an amendment to the Terms and Condions with 30 days noce. Merchant shall be charged a .20%
fee or another amount as set forth on the merchant applicaon for all volume processed through AMEX ESA and an addional transacon fee equal to the amount currently being charged for Visa, MasterCard, and Discover transacons.
$ EACH
VOICE AUTHORIZATION FEE: $ EACH
CHARGEBACK FEE: $ EACH
RETRIEVAL REQUEST: $ EACH
NSF FEE: $ EACH PLUS NACHA FEES
TRANSACTION FEE
TRANSACTION FEE
TRANSACTION FEE
SECTION 5
06 TRANSACTION CHARGES
VISA/MASTERCARD/DISCOVER:
PIN DEBIT (OVER NETWORK PASS-THROUGH):
EBT (FCS ID: )
BATCH:
+ $
% + $
+ $
N/A
All other applicable Card Brand fees will be passed through at the Card Brand's Rate. For more informaon, please contact Shi4 Payments, LLC (d/b/a Harbortouch). $.015 applies to each transacon to cover enhanced security services.
$0.005 fee applies to all transacons to cover associaon fees. $0.0025 fee applies to all transacons to cover bank sponsorship fees. Fees or charges may be added or changed by an amendment to the Terms and Condions with 30 days
noce.
INITIALS:
PRICING FOR AMERICAN EXPRESS ESA PROGRAM:
SE NUMBER:
BRAND VOLUME: + $
AMERICAN EXPRESS ESA PROGRAM:
SE NUMBER:
AMERICAN EXPRESS ESA PROGRAM:
SE NUMBER:
SELECT ONE:
AMERICAN EXPRESS OPT BLUE PROGRAM:
SAME RATE AS CREDIT/DEBIT FOR VISA/MASTERCARD/DISCOVER
SELECT ONE:
PRICING FOR AMERICAN EXPRESS OPT BLUE PROGRAM:
COST PLUS: AMEX COST + + $
FLAT RATE:
OPTION 2 - FLAT RATE PRICING
PRICING FOR VISA/MASTERCARD/DISCOVER:
SELECT ONE:
PRICING FOR AMERICAN EXPRESS OPT BLUE PROGRAM:
BUNDLED: % + $
PRICING FOR AMERICAN EXPRESS ESA PROGRAM:
SE NUMBER: TRANSACTION FEE:
$
Istvan
Nagy
0
119-88-5133
06/27/1972
151 E 57TH ST, Side Door Bar/Restaurant
NEW YORK
NY
10022-2101
290629289
06/27/2022
N/A
NY
Side Door
(646) 283-0903
info@sidedoornyc.com
2.913
0
25
1.75
25
30
PAGE 3 OF 3
OCT21
HT3654_10202021_LA OCT 21
Citizen’s Bank, N.A.
1 Citizens Plaza
Providence, RI 02903
Tel: (877) 550-5933
MEMBER BANK (ACQUIRER)
INFORMATION
IMPORTANT MEMBER BANK (ACQUIRER) RESPONSIBILITIES
1. A Visa Member is the only entity approved to extend acceptance of Visa products directly to
a Merchant.
2. A Visa Member must be a principal (signer) to the Merchant Agreement
3. A Visa Member is responsible for educating Merchants on pertinent Visa Rules with which
Merchants must comply.
4. The Visa Member is responsible for and must provide settlement funds to the Merchant.
5. The Visa Member is responsible for all funds held in reserve that are derived from settlement.
IMPORTANT MERCHANT RESPONSIBILITIES
1. Ensure compliance with cardholder data security
and storage requirements.
2. Maintain fraud and disputes below thresholds.
3. Review and understand the terms of the Merchant
Agreement.
4. Comply with Visa Rules.
The responsibilities listed above do not supercede terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and
that the Visa Member (Acquirer) is the ultimate authority should the Merchant have any problems.
12 PERSONAL GUARANTY (NO TITLES)
13 SIGNATURES
AGREED AND ACCEPTED
AUTHORIZED SIGNER #1 FROM APPLICATION — SIGNATURE DATE
AUTHORIZED SIGNER #2 FROM APPLICATION — SIGNATURE
x
PRINT NAME
PRINT NAME
DATE
x
x
In witness whereof the pares hereto have caused this Agreement to be executed by their duly authorized representaves effecve on the date signed or approved by BANK.
PRINT LEGAL NAME OF MERCHANT BUSINESS
AUTHORIZED SIGNER #1 FROM APPLICATION — SIGNATURE DATE
AUTHORIZED SIGNER #2 FROM APPLICATION — SIGNATURE
PRINT NAME
DATE
DATE
x
TITLE
TITLE
THIS AGREEMENT (INCLUDING ADDITIONAL FEES) MAY BE AMENDED WITH THIRTY (30) DAYS NOTICE TO MERCHANT.
PRINT NAME
This general, absolute, and uncondional connuing Guaranty (“GUARANTY”) by the undersigned (collecvely “GUARANTOR“ or "my" or "I" or “me”), is for the benefit of Cizens Bank, N.A. and/or Shi4 Payments, LLC d/b/a Harbortouch
("Harbortouch") (each a "Guaranty Party" and collecvely the "Guaranty Pares"). For value received, and in consideraon of the mutual undertakings contained in the Merchant Processing Agreement and allied agreements (“AGREEMENT”)
between any Guaranty Party and MERCHANT as set forth below, I absolutely and uncondionally guarantee the full performance of all MERCHANT's obligaons to any Guaranty Party, together with all costs, expenses, and aorneys' fees
incurred by any Guaranty Party in connecon with any acons, inacons, or defaults of MERCHANT. I waive any right to require any Guaranty Party to proceed against other enes or MERCHANT. There are no condions aached to the
enforcement of this GUARANTY. I authorize the Guaranty Pares and their respecve agents or assigns to make from me to me any personal credit or other inquiries and agree to provide, at the Guaranty Pares' request, financial statements
and/or tax returns. This is a connuing GUARANTY and shall remain in effect unl one hundred eighty (180) days aer receipt by The Guaranty Pares of wrien noce by me terminang or modifying the same. The terminaon of the
AGREEMENT or GUARANTY shall not release me from liability with respect to any obligaons incurred before the effecve date of terminaon. No terminaon of this GUARANTY shall be effected by any change in my legal status or any
change in the relaonship between MERCHANT and me. This GUARANTY shall bind and inure to the benefit of the personal representaves, heirs, administrators, successors and assigns of GUARANTOR and Harbortouch.
MERCHANT warrants that the informaon provided on this Merchant Applicaon is complete and accurate. MERCHANT authorizes Shi4 Payments, LLC d/b/a Harbortouch (”Harbortouch” or “ISO”) and BANK to provide a copy of this Merchant
Applicaon to any third party for the services requested. MERCHANT, and its signing officer/owner/partner, authorize COMPANY, and BANK, and their agents or assigns, to make from me to me, any business and personal credit and other
inquiries. Depending on MERCHANT's authorizaon and selement composion, the references to Discover Network in this Agreement may not apply, and MERCHANT may contract directly with Discover Network for these services.
BANK and Company are authorized to perform such funcons under the Merchant Processing Agreement, the Gateway Services Agreement, and the POS System Service Agreement Terms and Condions, as applicable, for the
purposes set forth in the applicable agreement.
If applicable, MERCHANT agrees by its signature below to the TMS American Express Opt Blue Program Agreement. For details, please see www.shi4.com/terms.
MERCHANT agrees by its signature below to the Shi4 Gateway Services Agreement. For details, please see www.shi4.com/gatewayterms.
By their execuon below of the Merchant Processing Agreement the undersigned pares agree to abide by the Merchant Processing Agreement (the "Agreement"). The Agreement, which consists of this Merchant Applicaon and the
Merchant Processing Terms and Condions (available at www.harbortouch.com/terms), and MERCHANT acknowledges it has received and read the Terms and Condions at the me of signing.
MERCHANT AND COMPANY WAIVE THEIR RIGHTS TO SUE BEFORE A JUDGE OR JURY AND PARTICIPATE IN A CLASS ACTION AND AGREE TO RESOLVE ALL CLAIMS AND DISPUTES THROUGH BINDING INDIVIDUAL
ARBITRATION. SEE ARTICLE VII AT www.shi4.com/legal.
09 MERCHANT COMPLIANCE
10 VISA DISCLOSURE
An annual $89.95 compliance fee will be charged to Merchant each January, unless 30 days noce is provided for a change in billing date. Merchant represents and warrants that as of the date of signing this Agreement and throughout
any term of this Merchant Processing Agreement that it is Payment Card Industry ("PCI") Data Security Standard ("DSS") compliant, and that any hardware or soware that Merchant uses during the term of this Agreement to process
electronic transacons is Payment Applicaon ("PA") DSS compliant. Merchant further represents and warrants that it will provide assistance as requested from Harbortouch to remain compliant with the requirements of Internal Revenue
Code Secon 6050W and any other applicable federal or state law as it relates to the reporng and processing of electronic transacons. Harbortouch reserves the right to impose future fees or withhold payments to Merchant as set forth
in the Merchant Processing Agreement and as required by law. Addional Fees may be added or changed by an amendment to the Merchant Processing Agreement with 30 days noce.
© 2021 Shi4, a FOUR company. All rights reserved.
08 LIGHTHOUSE BUSINESS MANAGEMENT SYSTEM
Yes, please enroll me in a sixty (60) day trial in the Lighthouse Business Management System.
Aer the 60 day trial, merchant will be assessed a monthly Lighthouse BMS fee of $16.00.
EQUIPMENT FEE UPON TERMINATION. If Company does not receive Merchant’s equipment within fieen (15) days of Merchant’s terminaon or expiraon of the term, Merchant authorizes Company to debit Merchant per each
payment processing terminal (measured by terminal idenficaon number) provided by Company in the amount of: (i) Two Hundred ($200) Dollars for a standard EMV/Contactless terminal (ex. VX520, S80, iPP320); (ii) Three
Hundred($300)Dollars for an enhanced EMV/Contactless terminal (ex. PAX A930, S300, S90, iPP350), or (iii) Five Hundred ($500) Dollars for a premium POS terminal bundle (ex. iSC480, POS Bundle). This Non-Return Fee is in addion
to any fees related to point-of-sale equipment provided under a POS System Service Agreement. The type of terminal and total fee due as a result of non-return shall be set forth on the cancellaon form.
x
ACCEPTED BY HARBORTOUCH
x
I, (print name) , hereby cerfy, to the best of my knowledge, that the informaon provided in secon 04, Cerficaon of
Beneficial Owner(s), is complete and correct for all accounts
11 CERTIFICATION AGREED TO (REQUIRED)
SIGNATURE
PRINT NAME
DATE
x
07 SERVICE CHARGES
Fees or charges may be added or changed by an amendment to the Merchant Processing Agreement with 30 days noce.
ANNUAL FEE: $
MONTHLY MINIMUM: $
DEBIT ACCESS FEE: $
MONTHLY MC PER LOCATION FEE: $
MONTHLY SERVICE FEE: $
HARBORTOUCH IS A REGISTERED ISO/MSP OF CITIZENS BANK, N.A., PROVIDENCE, RI.
MONTHLY DEALER SERVICE FEE:
$
79
10
0
25
2.5
151 E 57 LLC
0
HARBORTOUCH POINT OF SALE SYSTEM SERVICE AGREEMENT
ELITE/ONYX POS EXHIBIT A
HT1098_06242021_LA
PAGE 1 OF 5
New Account
Existing Account
Warehouse Only Account Existing MID:
Merchant DBA Name (“Merchant”): Agent Office Code:
Merchant Legal Name:
Merchant Address:
City: State: ZIP:
Merchant Phone: Email Address:
Date:
PRINCIPAL #1 INITIALS: PRINCIPAL #2 INITIALS:
ENROLLMENT OPTIONS
For the Service Fees set forth below and in accordance with the terms and conditions set forth in the Service Agreement the Merchant shall receive the following service:
II. OPTIONAL ADD-ONS (“Add-Ons”)
For an additional monthly per-item service charge Merchant shall be entitled to service for the Add-Ons as set forth in the Agreement.
PRODUCT/SERVICE QTY MONTHLY COST
TOTAL COST
/month
/month
TOTAL OPTIONAL ADD-ONS:
TOTAL MONTHLY SERVICE FEE FOR SECTION I + SECTION II:
I. BASE PACKAGE
Each base package includes the following items. Items not included may still be available for purchase based on the software selected. See section II and III for add-on compatibility.
NUMBER OF SYSTEMS x $39.00/month TOTAL MONTHLY SERVICE FEE: $ /month
plus local, state, and federal taxes
Check here if you DO NOT need a cash drawer with some of the systems ordered. Number of cash drawers needed:
How many POS stations will be accepting payment?
• 1 Harbortouch POS System
• Cash Drawer
• Receipt Printer
• Barcode Scanner (Retail/Checkout/Salon & Spa)
• 1 Integrated Customer Display (Retail)
• EMV PIN Pad (Hosp/HBR/Retail/Checkout/Salon & Spa)
• 10 Employee Cards (HBR/Hosp/QSR.10 per MID)
• 1 Keyboard and 1 Mouse
PLUS LOCAL, STATE
AND FEDERAL TAXES
SHIPPING METHOD:
GROUND (N/A for AK & HI)
2ND DAY
NEXT DAY AIR
SEE SERVICE AGREEMENT TERMS FOR DETAILS
Principal #1
Social Security Number
Residence Address
City State
ZIP
OWNERS OR OFFICERS
Principal #2
Residence Address
City State
ZIP
Social Security Number
05/25/2022
Side Door
NYCHL
151 E 57 LLC
151 E 57TH ST
NEW YORK
New York
10022-2101
(646) 283-0903
info@sidedoornyc.com
2
78
2
SkyTab
2
$ 15.00
$ 30.00
$ 30.00
$ 108.00
Istvan Nagy
119-88-5133
151 E 57TH ST
NEW YORK
NY
10022-2101
PAGE 2 OF 5
AGREED AND ACCEPTED:
MERCHANT LEGAL NAME:
X
PRINCIPAL 1 SIGNATURE PRINT NAME
X
PRINCIPAL 2 SIGNATURE PRINT NAME
X
PRINCIPAL 1 SIGNATURE PRINT NAME
X
PRINCIPAL 2 SIGNATURE PRINT NAME
AGREED AND ACCEPTED:
Cable Drops: Installation of the Equipment shall include 1 complimentary cable run to a POS System located no more than 10 feet from the wall/cable
connection and without the need to install any cable jacks into the wall (“Cable Drop”). MERCHANT AUTHORIZES HARBORTOUCH TO PERFORM
ADDITIONAL CABLE DROPS IN EXCESS OF THE COMPLIMENTARY CABLE DROP WHICH HARBORTOUCH DEEMS NECESSARY TO PERFORM THE
INSTALLATION. MERCHANT SHALL BE BILLED $249 DOLLARS FOR EACH ADDITIONAL CABLE DROP AFTER THE COMPLIMENTARY CABLE DROP.
MERCHANT SHALL BE DEBITED THE AMOUNT FOR ADDITIONAL INSTALLATION AT THE TIME OF THE NEXT BILLING.
Personal Guaranty: This general, absolute, and unconditional Guaranty ("Guaranty") by the undersigned (collectively "Guarantor" or "my" or "I" or "me") is for
the benefit of Shift4 Payments, LLC d/b/a Harbortouch and its affiliates and subsidiaries, including but not limited to Harbortouch Financial, LLC (collectively
"Harbortouch"). For value received, and in consideration for the mutual undertakings contained in the Agreements, exhibits, and all other related agreements
entered into between Merchant and Harbortouch or its parents, affiliates, successors, and assigns, I absolutely and unconditionally guarantee the full perfor-
mance of all Merchant's obligations to Harbortouch, together with all costs, expenses, and attorneys' fees incurred by Harbortouch, its parents, affiliates,
successors, or assigns, in connection with any action, inactions, or defaults of Merchant with respect to this Agreement or any other Agreement currently in
effect or in the future entered into between Merchant or its principals and Harbortouch, its parents, affiliates, successors, or assigns. I waive any right to require
Harbortouch, its parents, affiliates, successors, or assigns, to proceed against other entities or Merchant. There are no conditions attached to the enforcement
of this Guaranty. I authorize, Harbortouch, its parents, affiliates or assigns to make from time to time any personal credit or other inquiries and agree to provide,
at Harbortouch's request, financial statements and/or tax returns. I agree that this Guaranty shall be governed and construed in accordance with the State of
Pennsylvania, and that the courts of Pennsylvania shall have and be vested with personal jurisdiction. The termination of this Agreement or Guaranty shall not
release me from liability with respect to any obligations incurred before the effective date of termination. No termination of this Guaranty shall be effected by
any change in my legal status or any change in the relationship between Merchant and me. This Guaranty shall bind and inure to the benefit of the personal
representatives, parents, heirs, administrators, successors and assigns of Guarantor and Harbortouch.
HT1098_06242021_LA
ACH Authorization: The fees and charges as specified in POS Exhibit A and the terms and conditions shall be debited from Merchant's account upon the execution of this Service
Agreement and then on a monthly basis thereafter. All other charges payable hereunder shall be debited during the month in which they were incurred. Authorized Merchant
Representative's signature below authorizes Shift4 Payments, LLC d/b/a Harbortouch ("Harbortouch") its affiliates, subsidiaries, designated assignees, or third party providers,
including but not limited to Harbortouch Financial, LLC, to initiate ACH transfer entries to credit and/or debit the account identified in the voided check provided to Harbortouch
for the fees and charges incurred under the Service Agreement. This authorization shall remain in effect unless and until Harbortouch receives written notification from Merchant
that this authorization has been terminated in such time and manner to allow Harbortouch to act.
Credit Inquiry Authorization: Authorization is hereby granted by the Merchant representative who has signed below to Shift4 Payments, LLC d/b/a Harbortouch ("Harbortouch")
to obtain a consumer credit report through a credit reporting agency chosen by Harbortouch. Authorized Merchant Representative understands and agrees that Harbortouch
intends to use the consumer credit report for the purposes of evaluating my financial readiness to enter into this Service Agreement. Authorized Merchant Representative
understands that this credit report will be retained on file at the Harbortouch office for use only by Harbortouch staff. This information will not be disclosed to anyone by Harbor-
touch without written consent unless required by law. Authorized Merchant Representatives signature below authorizes the release to the credit reporting agency of financial
information which I have supplied to Harbortouch in connection with such an evaluation. Authorization is further granted to the credit reporting agency to use photostatic
reproduction of this form if required to obtain any information necessary to complete my consumer credit report.
SIGNING BELOW GRANTS HARBORTOUCH AUTHORIZATION TO DEBIT THE MERCHANT ACCOUNT AS SET FORTH HEREIN AND GRANTS HARBORTOUCH PERMISSION
TO THE RELEASE OF FINANCIAL INFORMATION TO THE CREDIT REPORTING AGENCY AND GRANTS PERMISSION FOR HARBORTOUCH TO OBTAIN A COPY OF MY
CREDIT REPORT.
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING YOUR REQUIRED USE OF HARBORTOUCH'S
TRANSACTION PROCESSING SERVICES. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN
JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO A MERCHANT IN THE EVENT OF A DISPUTE (PLEASE SEE SECTION 11 (e) FOR
FURTHER DETAILS).
THE INITIAL TERM OF THE SERVICE AGREEMENT IS FOR TWELVE (12) MONTHS. PLEASE SEE SECTION 3 FOR FURTHER DETAILS.
BY THEIR EXECUTION BELOW, THE UNDERSIGNED AGREES TO ABIDE BY THE SERVICE AGREEMENT. THE SERVICE AGREEMENT CONSISTS OF THE POS EXHIBIT A, THE
POS ACCOUNT SETUP FORM, AND THE TERMS AND CONDITIONS. MERCHANT ACKNOWLEDGES RECEIPT OF SERVICE AGREEMENT TERMS AND CONDITIONS. THE
SERVICE AGREEMENT REQUIRES THE USE OF HARBORTOUCH'S TRANSACTION PROCESSING SERVICES UNDER A SEPARATE MERCHANT TRANSACTION PROCESSING
AGREEMENT. MERCHANT WARRANTS THAT THE INFORMATION PROVIDED TO HARBORTOUCH IS COMPLETE AND ACCURATE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES EFFECTIVE ON THE
DATE SIGNED OR APPROVED BY HARBORTOUCH.
151 E 57 LLC
Contiguous U.S. Per Base Package $25.00 $51.50 $76.95
Ground 2nd Day Air Next Day Air
Per Additional Accessory $11.00 $26.00 $39.00
Alaska & Hawaii Per Base Package
N/A
N/A $139.50 $199.50
Per Additional Accessory $75.00 $99.00
POS SYSTEM SERVICE AGREEMENT
TERMS AND CONDITIONS
This POS System Service Agreement (“Service Agreement”) by and between Harbortouch and Merchant consists of these Terms and Conditions, POS Exhibit A, and the POS Account Setup Form, all
of which are incorporated herein by reference. The Service Agreement is binding on the parties on the date that Harbortouch approves Merchant’s signed POS Exhibit A.
PLEASE READ THIS SERVICE AGREEMENT AND UNDERSTAND EACH PROVISION. IT REQUIRES YOU TO USE HARBORTOUCH'S PROCESSING SERVICES. SECTION 11.e REQUIRES ALL CLAIMS
OR DISPUTES WITH HARBORTOUCH ABOUT ANY HARBORTOUCH PRODUCT OR SERVICE TO BE RESOLVED IN BINDING INDIVIDUAL ARBITRATION—NOT IN A CLASS ACTION, AND NOT IN
COURT BEFORE A JUDGE OR JURY. SECTIONS 8 & 9 LIMIT HARBORTOUCH'S LIABILITY AND YOUR REMEDIES.
1. DEFINITIONS. (a) “Effective Date” means the Install Date. (b) “Equipment” means the Harbortouch Elite
®
POS or Harbortouch Onyx POS or Harbortouch Echo
®
POS Systems and related peripherals
selected on POS Exhibit A. (c) "Install Date” means(i) for Harbortouch Elite/Onyx POS Systems the date on which the Equipment is installed at the Merchant Location or the date on which the
Merchant starts using the Equipment, whichever occurs first, (ii) for Harbortouch Echo POS Systems the date on whichtheEquipmentis shipped to the Merchant Location. (d) “Merchant” means
the business listed on POS Exhibit A. (e) “Merchant Location” means the Merchant's address listed on POS Exhibit A. (f) “Processing Services” means Harbortouch's credit, debit, electronic
payment, and gift card processing services as provided for under the Harbortouch Merchant Transaction Processing Agreement. (g) “Software” means the software programs installed on or made
available through use of the Equipment, including any application programming interfaces, updates, enhancements, or modifications made by Harbortouch. (h) “Harbortouch” means Harbortouch
Financial, LLC, a wholly owned subsidiary of Shift4 Payments, LLC.
2. EXCLUSIVE PROCESSING REQUIREMENT
a. Harbortouch's Processing Services. Merchant's use of the Equipment requires exclusive use of Harbortouch's Processing Services at all times. Merchant agrees not to use credit, debit, electron-
ic payment, or gift card processing services from any provider except Harbortouch. By entering into this Service Agreement, and as a condition precedent to Harbortouch providing Equipment
to Merchant, Merchant agrees to enter into a Harbortouch Merchant Transaction Processing Agreement. The Processing Agreement consists of the Merchant Application and the Terms and
Conditions, together with its addenda, attachments, and schedules.
b. Failure to Process with Harbortouch. (i) If at any time after the Install Date Merchant stops using Harbortouch's Processing Services, in whole or in part, then Harbortouch shall charge Merchant
$75.00 per Equipment terminal for each 30-day period that Harbortouch's Processing Services are not used (“Inactivity Fee”). The Inactivity Fee is in addition to any other fees or charges.
Notwithstanding the foregoing, Harbortouch reserves the right to terminate this Service Agreement or suspend Merchant's access to the Equipment and/or Software for Merchant's intentional
non-use of Harbortouch's Processing Services. (ii) Harbortouch reserves the right to stop the Software from functioning or revoke the Software License in the event Merchant does not utilize
the Processing Services.
3. TERM COMMITMENT
a. Term. This Service Agreement begins on the Effective Date and continues for one (1) year (“Initial Term”). At the expiration of the Initial Term, this Service Agreement automatically renews for
additional one (1) year period (“Renewal Term”) unless Merchant provides Harbortouch with written notice of Merchant's intent not to renew the Service Agreement at least 30 days prior to
the expiration of the Initial Term or any Renewal Term.
b. Term Commitment. Merchant understands that it is receiving Equipment and Software from Harbortouch at favorable pricing in exchange for Merchant's term commitment. In addition to
Merchant’s rights set forth in Section 3(a), Merchant may terminate this Service Agreement subject to the following conditions:
(i). Merchant may terminate this Service Agreement for any reason prior to the Install Date. All Equipment must be returned to Harbortouch within 15 days following termination. Upon
completion of cancellation paperwork, Merchant shall be provided with shipping labels in order to return all equipment to Harbortouch.
(ii). Merchant may terminate this Service Agreement upon Harbortouch’s default of any material obligation to Merchant hereunder and the failure of Harbortouch to cure such default within
thirty (30) days after written notice of such default is received. In the event Merchant terminates this Service Agreement for any other reason after the Install Date, Merchant shall be in
material breach of this Service Agreement. Upon completion of cancellation paperwork, Merchant shall be provided with shipping labels in order to return all equipment to Harbortouch.
(iii). Harbortouch may debit the fees derived from Merchant’s termination of this Agreement from Merchant's bank account on file with Harbortouch within 30 days of the date this Service
Agreement is terminated. Merchant is responsible for all additional fees and charges (including taxes) incurred under this Service Agreement.
c. Harbortouch's Termination Rights. Harbortouch may, without notice, suspend Merchant's access to the Equipment and Software and/or terminate this Service Agreement for any of the
following reasons: (i) material breach of this Service Agreement; (ii) unlawful use of the Equipment, Software, or Processing Services; (iii) unauthorized modification of the Equipment or
Software or installation of unauthorized third-party software; (iv) failure or refusal to pay fees or charges on time; (v) material breach of the Merchant Transaction Processing Agreement; or (vi)
insolvency or bankruptcy. Harbortouch may, in its sole discretion, withhold Merchant's funds derived from use of the Processing Services in order to satisfy all fees and charges incurred under
this Service Agreement.
d. Trial Period. Merchant may cancel the Service Agreement without any penalty within thirty (30) calendar days from the Install Date (“Trial Period”). IF MERCHANT DOES NOT CANCEL BEFORE
THE EXPIRATION OF THE TRIAL PERIOD THEN MERCHANT SHALL BE BOUND BY THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENT. Notwithstanding anything to the contrary
herein, Merchant shall be responsible for the cost of shipping Equipment to and from the Merchant Location and any additional wiring completed. All fees and charges incurred by Merchant
will be charged in accordance with the Service Agreement’s Terms and Conditions. ALL CHARGES UNDER THE MERCHANT TRANSACTION PROCESSING AGREEMENT AND THE SERVICE
AGREEMENT WILL APPLY DURING THE TRIAL PERIOD. If Merchant cancels, Merchant must make available to Harbortouch, in substantially as good condition as when received, the Equipment
delivered to Merchant under the Service Agreement; or comply with the instructions of Harbortouch regarding the return shipment of the Equipment and add-ons as set forth in POS Exhibit
A. ALL COSTS ASSOCIATED WITH THE RETURN OF EQUIPMENT TO HARBORTOUCH SHALL BE BORNE BY THE MERCHANT. MERCHANT AUTHORIZES HARBORTOUCH TO DEBIT
MERCHANT’S ACCOUNT UPON RECEIPT OF NOTICE OF CANCELLATION. Additional Equipment added after the original Install Date will not be eligible for the 30 day Trial Period.
4. FEES AND PAYMENT
a. Total Monthly Service Fees. Merchant shall pay the Total Monthly Service Fee listed on POS Exhibit A on the first business day of each month starting on the Install Date. Merchant permits
Harbortouch to re-debit Merchant's bank account should any attempt to collect fees reject for any reason.
b. Shipping Fees. Harbortouch will ship all Equipment via nationally recognized courier service (e.g., UPS). Merchant is responsible for all shipping costs and authorizes Harbortouch to debit
Merchant's account. Harbortouch shall have no liability for failure of Equipment to reach its destination in a timely manner once it has delivered the Equipment to the carrier. The current
shipping fees are:
c. Software Support Fee. During the Term of this Agreement and the Merchant Transaction Processing Agreement Merchant shall pay a Software Support Fee per Equipment terminal as indicated
on POS Exhibit A. The Software Support Fee will be debited on a monthly basis.
d. Annual Fee. Merchant shall pay an Annual Fee of $79.00. The Annual Fee cannot be waived. The Annual Fee shall be debited annually per Merchant Location.
e. SkyTab Data Plan. If Merchant enables, and consumes 4G LTE cellular data on its SkyTab device(s), Merchant agrees that it shall pay the SkyTab Data Plan fee of $15.00 per device per month.
Merchant understands and agrees that the SkyTab Data Plan is not an unlimited data plan, and that Merchant may be subject to pro-rata surcharging in the event Merchant consumes in excess
of 200 MB in any calendar month. The SkyTab Data Plan Fee shall be debited monthly per Merchant Location. Merchant must contact Company if Merchant wishes to disable its 4G LTE capabili-
ties and suspend SkyTab Data Plan Fee billing.
f. Changes to Terms and Fees. Harbortouch may change any terms, conditions, rates, fees, expenses, or charges incurred under this Service Agreement upon 30 days' written notice to Merchant.
Using the Equipment or Service after a change takes effect constitutes acceptance of the change.
g. Billing, Payments, and Credit Authorization. Merchant grants to Harbortouch Automated Clearing House (“ACH”) Authorization to credit and debit Merchant's demand deposit account for all
fees and charges incurred under this Service Agreement. Should any ACH debit made upon Merchant's demand deposit account for payment due under this Service Agreement reject for any
reason, Merchant shall be charged a $25.00 Non-Sufficient Funds Fee (“NSF Fee”). This authorization shall survive termination and last as long as Merchant owes any fees or charges, incurred
under this Service Agreement.
5. MERCHANT'S RESPONSIBILITIES
a. Equipment Failure. Merchant must notify Harbortouch immediately upon Equipment or Software failure. Merchant must allow Harbortouch unrestricted and free access to the Equipment and
Software to correct failures. Merchant must provide any necessary data communication facilities and equipment at no charge to Harbortouch.
b. Activation of Equipment. Upon installation of the Equipment at the Merchant Location, Merchant represents and warrants that: (i) Merchant received and accepts the Equipment; (ii) customiza-
tion of the Equipment and/or Software (for example, the menu) was satisfactorily programmed to Merchant's specifications; (iii) the Equipment is in good working order; and (iv) the Equipment
was tested and is capable of performing Processing Services.
c. Title to Equipment.
(i) Initial Term. In the event Merchant materially breaches this Service Agreement, Harbortouch may demand return of the Equipment, and Merchant shall be required to return the Equipment
to Harbortouch within 15 days of receiving Harbortouch's written request. Merchant agrees to continue to pay the Total Monthly Service Fee as indicated on Exhibit A until such calendar
month that Merchant returns all equipment to Company. The requirement to return the Equipment to Harbortouch shall be in addition to and shall not preclude Harbortouch from exercising
any other right or remedy under this Service Agreement or applicable law.
PAGE 3 OF 5
HT1098_06242021_LA
(ii) Security Interest. Merchant hereby grants to Harbortouch a first priority purchase money security interest in the Equipment (including any replacements, substitutions, additions,
attachments and proceeds). Merchant agrees that Harbortouch may file, on Merchant's behalf, a UCC-1 Financing Statement and/or other necessary documentation sufficient to protect
and secure Harbortouch's security interest. Merchant will promptly execute any other required documents and/or records reasonably requested by Harbortouch for the purpose of securing
Harbortouch's rights in the Equipment.
d. Taxes. Merchant shall be responsible for all sales, use, excise, stamp, documentary, value added, and ad valorem taxes, license and registration fees, assessments, fines, penalties, and similar
charges imposed on the ownership, possession, or use of the Equipment by any state, local, or federal governmental or regulatory authority and shall issue, where required and requested, a
valid tax exemption certificate to Harbortouch. Merchant will reimburse Harbortouch for any of these taxes that Harbortouch pays or advances on behalf of Merchant.
e. Merchant's Maintenance Efforts. Merchant shall maintain and protect the Equipment in good operating condition, repair, and appearance, and protect the Equipment from deterioration other
than normal wear and tear; shall use the Equipment in the regular course of its business, within its normal operating capacity, without abuse, and shall comply with all laws, regulations,
directives, requirements, and rules with respect to the use, maintenance, and operation of the Equipment and Software; Merchant shall use the Equipment and Software solely for business
purposes; shall not make any modification, alteration or addition to the Equipment or Software without the written consent of Harbortouch; shall not affix, and shall not remove the Equipment
from the Merchant Location without Harbortouch's written consent, which shall not be unreasonably withheld.
f. Equipment Condition and Return. All Equipment must be returned to Harbortouch by Merchant within the timeframes specified by this Service Agreement in good operating condition other
than normal wear and tear. Merchant will not change or remove any lettering or numbering on the Equipment. To extent permitted by applicable law, without demand or legal process,
Harbortouch and its agents may enter into the premises, including the Merchant Location, where the Equipment may be found and take possession of and remove the Equipment, without
incurring any liability for such retaking. To the extent liability arises, Merchant shall indemnify and hold harmless Harbortouch from any such liability. Any Equipment that is, in Harbortouch's
sole discretion, damaged beyond normal wear and tear or is not returned when due will result in a charge to Merchant of the full cost of the Equipment to Harbortouch.
g. Merchant Security. Merchant shall be responsible for (i) maintaining virus protection and security for all of its systems, data, and overall network access, and (ii) all risk of loss, theft, damage,
or destruction of the Equipment from any cause whatsoever after taking possession of the Equipment. Merchant acknowledges that security and access to any Equipment located on its
premises is solely Merchant's responsibility and agrees to notify Harbortouch immediately if Equipment is lost, destroyed, stolen, or taken by any other person. Merchant shall at all times remain
in compliance with the Payment Card Industry Data Security Standard ("PCI DSS") requirements, including remaining aware at all times of changes to the PCI DSS and promptly implementing
all procedures and practices as may be necessary to remain in compliance with the PCI DSS, in each case, at Merchant's sole cost and expense. Merchant shall be solely responsible for storing
and backing up Merchant's data stored on the Equipment. Harbortouch shall have no liability to Merchant for loss or destruction of Merchant's data.
h. Insurance. While the Equipment is in Merchant's possession or control, Merchant shall insure the Equipment at its own cost and expense against loss or damage from fire, theft, bodily injury,
or other casualty in an amount not less then twelve times the Total Monthly Service Fee listed on POS Exhibit A. At Harbortouch's request, Merchant shall provide a certificate of insurance to
Harbortouch naming it as a loss payee or additional insured with respect to loss of or damage to the Equipment during the Initial Term.
6. HARBORTOUCH'S RESPONSIBILITIES
a. Installation.
(i). Harbortouch Elite/Onyx POS Systems Only. Merchant shall be entitled to a one-time installation of the Equipment at the Merchant Location. Merchant must make an installation appoint-
ment with Harbortouch and confirm that appointment at least 48 hours prior to the appointment. Merchant shall be billed a $199.00 reschedule fee if (i) Merchant reschedules the installation
less than 24 hours prior to the appointment; (ii) an authorized representative of the Merchant is not available to acknowledge the installation in writing; or (iii) the Merchant Location, in
Harbortouch's reasonable discretion, is not suitable to conduct the installation (“Reschedule Fee”).
(ii). Harbortouch Elite/Onyx POS Systems Only. Merchant agrees that the installation of the Equipment must be completed within 60 days from the date the Equipment is shipped by
Harbortouch. Upon the expiration of the 60-day period, the Equipment will be deemed installed and the Install Date deemed to have occurred.
b. Equipment / Software Support and Maintenance. Harbortouch shall provide Merchant with 24 hours a day, 7 days a week remote technical support for the Equipment and Software.
Harbortouch will use commercially reasonable efforts to answer questions and resolve any problems related to the Equipment and Software, but does not guarantee resolution of the problems
reported. Harbortouch shall provide remote support to determine if the Equipment is defective and, if so, at Harbortouch's sole discretion, it will: repair Equipment, send replacement parts,
and/or replacement Equipment. Merchant must return all defective Equipment to Harbortouch within 15 days of receipt of the replacement Equipment. Merchant's failure to maintain the
Equipment as set forth in Section 5.e shall result in additional charges for service and/or replacement of the Equipment.
c. Training. Merchant shall receive complimentary access to Harbortouch's library of online training webinars. During the installation of the Equipment, Merchant shall receive a complimentary
training session. Merchant may request additional onsite training, subject to Harbortouch's approval and technician availability; additional charges may apply.
d. Software Customization. Harbortouch shall provide reasonable Software customization based on the information requested by Harbortouch and provided by Merchant. Any additional
customization after the Equipment has been shipped to Merchant is excluded from this Service Agreement and will be charged at Harbortouch's then current rate. HARBORTOUCH DOES NOT
WARRANT THAT CUSTOMIZATION WILL BE FREE FROM DEFECTS OR MISTAKES. HARBORTOUCH EXPRESSLY DISCLAIMS AND MERCHANT AGREES TO HOLD HARBORTOUCH
HARMLESS FOR ANY ERRORS IN THE EQUIPMENT AND SOFTWARE.
e. Software Updates. Harbortouch may, in its sole discretion, make Software updates available to Merchant. Merchant must install all Software updates within 30 days. Harbortouch reserves the
right not to provide support services, or charge Merchant additional fees for support, if Merchant does not install a Software update on time. Harbortouch will provide remote backup of the
Software on a regular basis. Harbortouch will use commercially reasonable efforts, in the event of Software failure, to assist Merchant in recovering Software backup files to facilitate the
successful operation of the Equipment.
f. Non-standard Support and Maintenance. Harbortouch may, in its sole discretion and for additional charges, provide services and repair, redesign, reinstall, reconfigure, or replace the
Equipment when either such services are required due to causes not attributable to normal wear and tear, including: (i) Merchant's failure to continually maintain the Merchant Location in
conformance with commercially reasonable standards; (ii) impairments in the performance of the Equipment resulting from changes to the Equipment made by Merchant or mechanical,
electrical, or electronic interconnections made by Merchant; (iii) damage caused by accidents, natural disasters, or the negligence of, or improper use or misuse of, the Equipment by Merchant;
(iv) damage or necessity of repair resulting from unauthorized maintenance by Merchant or any third party other than Harbortouch or its authorized representative; (v) damage or repair
necessitated as a result of relocation of the Equipment; (vi) change in laws or Card Association rules that require service, repair, or replacement beyond normal day-to-day maintenance; (vii)
any third-party hardware or software in conjunction with the use of the Equipment without Harbortouch's express written consent; or (viii) theft of the Equipment.
7. LIMITED SOFTWARE LICENSE
Harbortouch grants to Merchant a non-exclusive, non-transferrable, royalty free license, without the right to sublicense, to use the Software internally in conjunction with the Equipment. Harbo-
rtouch reserves all rights not extended hereunder. Merchant may not alter, reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive source code from the Software.
Merchant may not manufacture, copy, sublicense, distribute, replicate, transfer or otherwise dispose of any copies of the Software. Nothing contained in this Service Agreement shall give Merchant
any ownership interest, or title to, the Software, source code, and the related documentation. Merchant acknowledges that the performance of the Software is conditioned on Merchant providing,
at its sole cost and expense a continuously available and secure network. This license shall immediately terminate upon expiration or termination of this Service Agreement except if Merchant is
still processing transactions through a Merchant Transaction Processing Agreement with Harbortouch and is paying the Software Support Fee. This license is not a license of any trademarks, service
marks, trade names, or logos, and does not include any software other than the Software. Harbortouch reserves the right to amend or otherwise modify this license upon notice to Merchant at any
time. Using the Software after an amendment or modification takes effect constitutes acceptance of it.
8. WARRANTY LIMITATION AND DISCLAIMER.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, HARBORTOUCH DOES NOT MAKE (AND EXPRESSLY DISCLAIMS) ANY REPRESENTATIONS AND WARRANTIES IN
RESPECT OF THE EQUIPMENT, SOFTWARE, PROCESSING SERVICES, AND/OR OTHER SERVICES PROVIDED BY HARBORTOUCH UNDER THIS SERVICE AGREEMENT, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT
MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. HARBORTOUCH DOES NOT GUARANTEE THAT THE EQUIPMENT OR SOFTWARE WILL SATISFY
MERCHANT'S REQUIREMENTS, OR THAT THE OPERATIONS OF SUCH WILL BE UNINTERRUPTED OR ERROR FREE. THE EQUIPMENT, SOFTWARE, AND PROCESSING SERVICES ARE PROVID-
ED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WILL BE WITH THE MERCHANT. SHOULD THE EQUIPMENT OR
SOFTWARE PROVE DEFECTIVE, MERCHANT, AND NOT HARBORTOUCH, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. HARBORTOUCH SHALL NOT BE LIABLE
FOR ANY COSTS OR FOR PERFORMING ANY SERVICES HEREUNDER ARISING IN CONNECTION WITH MERCHANT'S NEGLIGENCE, ABUSE, MISUSE, OR FAILURE TO PERFORM ROUTINE
MAINTENANCE OR STANDARD OPERATING PROCEDURES.
HARBORTOUCH DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT AFTER THE INITIAL INSTALLATION OF THE EQUIPMENT AND SOFTWARE, THAT THE EQUIPMENT, SOFTWARE
OR CUSTOMER'S DATA WILL REMAIN VIRUS-FREE. MERCHANT WAIVES ANY CLAIMS HEREUNDER AGAINST HARBORTOUCH ARISING FROM MERCHANT'S FAILURE TO HAVE OR
MAINTAIN CURRENT VIRUS PROTECTION, OR FROM A FAILURE OR BREACH OF CUSTOMER'S SECURITY FOR MERCHANT'S SYSTEMS OR DATA, OR FROM ANY UNAUTHORIZED ACCESS
TO MERCHANT'S SYSTEMS. HARBORTOUCH FURTHER DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR PROBLEMS FROM MERCHANT'S DECISION TO USE A PARTICULAR INTERNET
SERVICE PROVIDER OR MERCHANT'S ABILITY TO CONNECT TO THE INTERNET. MERCHANT ACKNOWLEDGES THAT ITS ABILITY TO ACCESS DATA, RECEIVE REMOTE TECHNICAL
SUPPORT, AND OPERATE THE EQUIPMENT, MAY BE AFFECTED BY PROBLEMS WITH MERCHANT'S INTERNET CONNECTIVITY. ANY SUCH PROBLEMS ARE OUTSIDE OF HARBORTOUCH'S
CONTROL. MERCHANT WAIVES ANY CLAIMS IT MAY HAVE AGAINST HARBORTOUCH DUE TO MERCHANT'S INABILITY TO ACCESS DATA OR CONNECT TO THE INTERNET WHICH IS BASED
ON OR ARISING OUT OF ANY OF THE FOREGOING REASONS.
9. LIMITATION OF LIABILITY
HARBORTOUCH AND HARBORTOUCH'S AFFILIATES (INCLUDING PARENTS, SUBSIDIARIES, AND OTHER RELATED ENTITIES), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO
MERCHANT OR MERCHANT'S OWNERS, PARTNERS, SHAREHOLDERS, AFFILIATES (INCLUDING PARENTS, SUBSIDIARIES, AND OTHER RELATED ENTITIES), SUCCESSORS, OR ASSIGNS,
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR ECONOMIC DAMAGES (INCLUDING
THOSE ASSOCIATED WITH IMPROPER OR INADEQUATE TAXES CHARGED), OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF THIS SERVICE
AGREEMENT, OR MERCHANT'S USE (OR INABILITY TO USE) THE EQUIPMENT OR SOFTWARE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL
THE MERCHANT BE ENTITLED TO RECOVER OR COLLECT ANY DAMAGES IN EXCESS OF THE FEES PAID UNDER THIS SERVICE AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY
PRECEDING THE DATE OF MERCHANT'S FIRST CLAIM OF INJURY OR DAMAGE.
IN NO EVENT SHALL HARBORTOUCH OR HARBORTOUCH'S AFFILIATES (INCLUDING PARENTS, SUBSIDIARIES, AND OTHER RELATED ENTITIES), SUCCESSORS, OR ASSIGNS, BE RESPONSI-
BLE FOR ANY LIABILITY OR DAMAGE INCURRED AS A RESULT OF DOWNTIME OF THE EQUIPMENT OR SOFTWARE.
PAGE 4 OF 5
HT1098_06242021_LA
10. GENERAL INDEMNITY.
Merchant agrees to indemnify, defend, and hold Harbortouch, Harbortouch's affiliates (including parents, subsidiaries, and other related entities), employees, contractors, subcontractors,
successors, assigns, and agents (collectively the “Harbortouch Indemnified Parties”) harmless from and against any and all costs, damages, penalties, claims, actions, suits (collectively “Claims”)
of whatsoever kind and nature arising out of, related to, arising from, or in connection with Merchant's unauthorized modification or misuse of the Equipment or Software, or Merchant's breach of
this Service Agreement, or from Merchant's negligent acts or omissions. Merchant's indemnification obligation includes payment of all reasonable attorneys' fees, costs and expenses. Merchant
shall promptly notify Harbortouch in writing of any Claim and any such suit will not be settled without Harbortouch's consent, such consent not to be unreasonably withheld. Merchant shall retain
counsel reasonably acceptable to Harbortouch and Harbortouch shall cooperate in the defense of such claim. Harbortouch may appear, in its sole discretion and at its own expense, through
counsel it
selects.
11. MISCELLANEOUS TERMS INCLUDING BINDING ARBITRATION AGREEMENT
a. Assignment. Merchant shall not have the right to assign or otherwise transfer its rights or obligations under this Service Agreement except with the written consent of Harbortouch.
Harbortouch shall have the right to assign any or all of its interest, rights, and obligations in this Service Agreement without the need for consent from Merchant. Any prohibited assignment
shall be null and void. This Agreement shall be binding upon the heirs, successors, and permitted assigns of the parties.
b. Amendments. This Service Agreement may be amended by Harbortouch, Harbortouch's affiliates, or assigns, upon 30 days' written notice. Using the Equipment after a change takes effect
constitutes acceptance of the amendment.
c. Notices. Notices permitted or required to be given hereunder shall be deemed sufficient if given by First-Class Mail or electronic mail addressed to Merchant’s address on POS Exhibit A or
Harbortouch’s address in Section 11.e(iii) (or other addresses the parties may designate by like notice from time to time). Notices so given shall be effective as of the date received.
d. Severability. In the event that any of the terms of this Service Agreement are in conflict with any rule of laws, regulations, provisions or otherwise unenforceable under the laws or regulations
of any government or subdivision thereof, such terms shall be deemed amended so that such term of provision complies with such applicable law or regulation, but such invalidity, unenforce-
ability, or revision shall not invalidate any of the other terms of this Service Agreement and it shall continue in force, unless the invalidity or unenforceability of any such provisions hereof does
substantial violence to, or where the invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from, the remainder of this Service Agreement. Section
11.e(viii) applies if any part of the Arbitration Agreement (Section 11.e) is found illegal or unenforceable and prevails over this section if inconsistent with it.
e. Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on POS Exhibit A. This Arbitration
Agreement binds all of them and Harbortouch.
(i). Harbortouch and Merchant agree to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents,
subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration before the American Arbitration Association (“AAA”). This
Arbitration Agreement is to be broadly interpreted. It includes: (A) claims or disputes relating to any aspect of the relationship between Harbortouch and Merchant including claims
or disputes relating to this Service Agreement, the Equipment, the Software, the Processing Agreement, any Harbortouch product or service, and any agreement to which Merchant
and Harbortouch are parties (even if the claim or dispute does not involve the Service Agreement), whether based in contract, tort, statute, fraud, misrepresentation, omission, or any
other theory; (B) claims or disputes that arose before this Service Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims
or disputes that are the subject of purported class action litigation on the date this Service Agreement becomes effective but Merchant is not a member of a certified class on that date;
and (D) claims or disputes that arise after the termination of this Service Agreement but relate to it or to the Equipment or Software.
(ii). Class Action Waiver. Merchant and Harbortouch waive their rights to sue before a judge or jury and to participate in a class action, class-wide arbitration, private attorney general
action, or any other proceeding in which a party acts in a representative capacity. Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose
decision (called an “award”) will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may not join or consolidate proceedings together without
the consent of all parties to all proceedings.
(iii). Before seeking arbitration, Harbortouch or Merchant must first send to the other, by certified mail return receipt requested or a courier service that requires a signature upon delivery,
a written Notice of Dispute (“Notice”). A Notice to Harbortouch must be addressed to: Harbortouch Legal Department, 2202 N. Irving Street, Allentown, PA 18109. A Notice to Merchant
must be addressed to its address in Harbortouch's records. The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought. If
Harbortouch and Merchant do not reach an agreement to resolve the claim or dispute within 30 days after the Notice is received, Merchant or Harbortouch may commence an
arbitration.
(iv). Harbortouch or Merchant may bring an individual suit in a small claims court instead of sending a Notice or arbitrating. Merchant may sue in the small claims court in the county of
Merchant's principal place of business or Lehigh County, Pennsylvania; Harbortouch may sue in the small claims court in Merchant's principal place of business. This Arbitration
Agreement does not preclude Merchant from bringing issues to the attention of federal, state, or local agencies (including an attorney general or the Office of the Comptroller of the
Currency). Such agencies can, if the law allows, seek relief against Harbortouch on Merchant's behalf.
(v). The AAA's Commercial Arbitration Rules, as modified by this Arbitration Agreement, apply. To commence an arbitration, submit a Demand for Arbitration with the required fee to the
AAA and send a copy to Harbortouch at the address in Section 11.e(iii). For information, visit adr.org or call 1-800-778-7879. For disputes involving $25,000 or less, any hearing will be
telephonic unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will be held in the county of Merchant's principal place of business.
(vi). For disputes involving $75,000 or less, Harbortouch will pay all AAA and arbitrator's fees and will promptly refund Merchant's filing fee, unless the arbitrator finds the arbitration frivolous
or brought for an improper purpose. For disputes involving more than $75,000, AAA rules govern fees. Harbortouch will not seek its attorney's fees or expenses in any arbitration.
(vii). The arbitrator may award the same relief as a court could but may award declaratory or injunctive relief only to the individual party and only to the extent necessary to provide relief for
that party's individual claim. Any court with jurisdiction may enforce the arbitrator's award.
(viii). If the class action waiver in Section 11.e(ii) is found to be illegal or unenforceable as to all or any part of a claim or dispute, then the Arbitration Agreement is null and void as to that part,
which shall proceed in court with the rest proceeding in individual arbitration. If any other provision of the Arbitration Agreement is found to be illegal or unenforceable, that provision
shall be severed and the rest will continue to apply in individual arbitration.
(ix). Notwithstanding any provision to the contrary, if Harbortouch makes any future change to this Arbitration Agreement (other than address changes) during the Initial Term or a Renewal
Term, Merchant may reject that change by sending Harbortouch written notice within 30 days of receiving notice of the change to the address in Section 11.e(iii). The version of the
Arbitration Agreement in force just before the rejected change will govern.
f. Binding Agreement. This Agreement shall not become a binding Agreement between the Parties until it is approved by Harbortouch. The commencement of the transaction processing under
this Agreement shall constitute Harbortouch’s approval and its signature to this Agreement.
g. Governing Law. The laws of the State of Merchant's principal place of business govern this Service Agreement, including claims for its enforcement or breach, except that the Federal
Arbitration Act governs all matters relating to arbitration.
h. Privacy Policy. By entering into this Service Agreement you agree to abide by the terms of Harbortouch’s Privacy Policy. The Privacy Policy can be found at www.harbortouch.com/privacy-pol-
icy. For avoidance of doubt, you give Harbortouch the permission to, but not limited to, collect and allow third parties to utilize: User-Provided Information, Service Information, Third-Party
Software Information, and Transaction Data.
i. One-Year Limit on Claims and Disputes. Any claim or dispute must be filed in arbitration or small claims court (or in court if the Arbitration Agreement is found to be illegal or unenforceable
so as to permit filing in court) within one (1) year of the date it first could be filed. Otherwise it is permanently barred.
j. Conflicting Terms. This Service Agreement shall prevail over any conflicting terms or oral statements that may be contained in any instructions or other communications Merchant submits
to Harbortouch with respect to this Service Agreement.
k. Independent Contractor. Nothing in this Service Agreement or in its performance shall be construed to create any partnership, joint venture, or relationship of principal and agent or employer
and employee between Harbortouch and Merchant or any of their respective affiliates or subsidiaries. Harbortouch and Merchant are and shall remain independent contractors. As such,
neither Merchant nor any employees, agents, or affiliated persons of Merchant shall be entitled under any circumstances to maintain any action against Harbortouch for any bodily injury
incurred by Merchant or any employees, agents, or affiliated persons of Merchant (including, but not limited to, the filing of claims under the workers' compensation laws of any state).
Furthermore, Merchant acknowledges that Merchant shall be solely responsible for the purchase and maintenance of employment, and workers' compensation, and liability insurance
coverage related to its employees, agents, or contractors, and that Harbortouch shall have no responsibility for any such coverage.
l. Force Majeure. Any delay or nonperformance of any provision of this Service Agreement (other than for payment of fees or charges incurred under this Service Agreement or the requirement
to file claims or disputes within one (1) year) caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Service Agreement, and the time
for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance.
m. No Waiver of Rights. Unless expressly provided herein, no failure or delay on the part of any party in exercising any right under this Service Agreement will operate as a waiver of that right,
nor will any single or partial exercise of any right preclude any further exercise of that right.
n. Survival of Some Terms. Sections 2, 3, 4, 5(d), 7, 8, 9, 10, and 11, and any other provision that by its terms survives termination, shall survive the termination of this Service Agreement and
continue to bind Harbortouch and Merchant.
o. Entire Agreement. HARBORTOUCH'S REPRESENTATIVES MAY HAVE MADE ORAL STATEMENTS REGARDING THE EQUIPMENT, SOFTWARE, OR SERVICES. NONE OF THE ORAL
STATEMENTS CONSITUTE WARRANTIES, MERCHANT SHALL NOT RELY ON ANY OF THEM, AND THEY ARE NOT PART OF THIS SERVICE AGREEMENT. THIS SERVICE AGREEMENT,
INCLUDING ITS EXHIBITS, CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PREVIOUS PROPOSALS,
ORAL OR WRITTEN, AND ALL NEGOTIATIONS, CONVERSATIONS, OR DISCUSSIONS HERETOFORE HAD BETWEEN THE PARTIES RELATED TO THIS SERVICE AGREEMENT. MERCHANT
ACKNOWLEDGES THAT IT HAS NOT BEEN INDUCED TO ENTER INTO THIS SERVICE AGREEMENT BY ANY REPRESENTATIONS OR STATEMENTS, ORAL OR WRITTEN, NOT EXPRESSLY
CONTAINED IN THIS SERVICE AGREEMENT.
PAGE 5 OF 5
HT1098_06242021_LA
© 2021 Shift4 Payments, LLC. All rights reserved.
Morning (9:00 am - 11:00 am) Mid-day (11:00 am - 1:00 pm) Afternoon (1:00 pm - 4:00 pm) Late Afternoon (4:00 pm - 6:00 pm)
HARBORTOUCH POS SOFTWARE
Name of Business (Doing Business As):
MERCHANT INFORMATION
Yes, I would like to enroll in Online Ordering. No setup or transaction fees apply.
ONLINE ORDERING
ADDITIONAL PHONE NUMBERS
Phone Number: Name/Description:
Phone Number: Name/Description:
Phone Number: Name/Description:
Phone Number: Name/Description:
Phone Number: Name/Description:
Please provide all phone numbers you would like associated with your account in addition to those listed in the Contact Information section above.
Our phone system will recognize your account when calling from one of these numbers. This enables us to service your account more quickly. Please include any owner/manager cell phone
numbers in addition to the business phone.
New Account
Select one: Bar & Restaurant Hospitality QSR & Delivery Retail Checkout Salon & Spa
Existing MID:
CONTACT INFORMATION
PRIMARY CONTACT SECONDARY CONTACT
Contact Name:
Position with Company:
Telephone #:
Cell Phone #:
Email Address:
Contact Name:
Position with Company:
Telephone #:
Cell Phone #:
Email Address:
The primary and secondary contacts will be consulted for the review of the menu design. Please make sure these contacts are decision makers such as
business owner or partner.
Alternate Phone Number or Alternate Email Address: Alternate Phone Number or Alternate Email Address:
Existing Account
Ownership Change
Old MID:
HT3263_10152021
PAGE 1 OF 4
When is the best time to contact you? (Select as many as apply. Times are Eastern time.)
If you are unavailable any days of the week, please list them here:
POS SETUP FORM
Please submit all pages of this form along with the Merchant Application and
all supporting documentation by email to operationssupport@shift4.com.
Office ID:
Sales Rep Name:
FOR INTERNAL USE ONLY MID:
M.S.B. Amount: $
Next Day Funding (Subject to Underwriting Approval)
Sales Partner to Program Software
Sales Partner to Install Equipment
To receive next day deposits, the terminal must be set to batch before 9:45 pm ET.
Please note if you would like to request a specific batch time:
Equipment relocation fee of $199.00 and/or menu/database rebuild of $400.00 will be charged if applicable.
NYCHL
5:00 AM
Side Door
Chung Leung
Istvan Nagy
Alden Baxter
Side Door
Owner
(646) 283-0903
(917) 863-8336
info@sidedoornyc.com
info@sidedoornyc.com
info@sidedoornyc.com
(646) 422-7660
Istvan Nagy / Office
1. GENERAL INFORMATION
a. Will this be your first Harbortouch system?
If NO:
• MID of existing location:
• Will you be using the same prices and menu items? Yes No
b. Will a Spanish speaking representative be required?
c. Are you currently open for business?
If NO:
• What is your projected opening date?
• Is the building construction complete?
• Are countertops installed?
• Do you have all required permits and licenses?
If you answered no to any of the above questions, we will be unable to complete the shipment and installation of your system. You may e-mail the team
assigned to your account when your business is ready for installation.
d. When does your business day end?
What time of the day would you like to set as your "end of business" for reporting purposes?
Note: By default, this is set to 12:00 midnight, but if your business is open later than that, we can set it to a custom time.
e. What is your anticipated go-live date?
Date:
f. Describe your business model
• Describe your business model (i.e., restaurant, bar, pizza delivery, clothing store, convenience store, etc.)
• Number of each type of staff per shift:
Servers: Bartenders: Drivers: Hosts: Stylists: Cashiers:
g. Sales tax information
• What is your primary state sales tax rate? Tax rate: Added Included Applies to:
• It is common for alcohol and other items to have a separate sales tax. If your business includes any additional taxes, please supply them below:
Name of Tax: Tax rate: Added Included Applies to:
Name of Tax: Tax rate: Added Included Applies to:
Name of Tax: Tax rate: Added Included Applies to:
YES NO
YES NO
Please supply the following information about your business so that we can accurately set up your POS system and ensure that it meets all of your needs.
HT3263_10152021
PAGE 2 OF 4
2. FOODSERVICE
a. Number of menu/supporting pages submitted with paperwork:
• Please check the documents/information that have been provided:
Alcohol Takeout Catering Kids menu Dessert menu Delivery fees Happy hour prices and times/days
Modifiers Table Layout Void reasons Job list Employee list Discounts/coupons
b. Indicate the percentage of each transaction type that is handled in your business:
Counter service: % Dine-in: % Delivery: % Bar: % Catering: % Tables: %
c. Number of full-service tables:
d. Do you serve alcohol?
e. Will you be using a Harbortouch-supplied caller ID unit?
If using a Harbortouch-supplied caller ID unit (must be included on service agreement), please provide every available
phone number that will be associated with it:
Who provides your phone service (i.e., Verizon, AT&T)?
Service Type: Standard Phone Line Advanced Phone System (VOIP, Modem, PBX, etc.)
f. Will you be using pay-at-the-table devices?
• How are orders currently placed at your business? Counter service Table service Other:
• How do you plan on utilizing pay-at-the-table at your location?
Indoor Table Service Outside Table Service/Patio Delivery All of the Above
FOR SKYTAB ONLY:
• Does your current Wi-Fi network cover all the areas where orders will be placed?
Yes No
• Do you plan on using an existing Wi-Fi network for your pay-at-the-table devices? Yes No
If yes:
• Wireless Router Make and Model:
• Wi-Fi Network Name:
• Wi-Fi Password:
Yes No If no, ETA:
Yes No If no, ETA:
Yes No If no, ETA:
YES NO
YES NO
YES NO
YES NO
05:00 AM
Sports Bar/Restaurant
2
2
0
0
0
0
8.875%
everything
0%
06/07/2022
5
0
60
5
35
0
20
0
Ubiquite Nano Long Range
POS
SideDoor151
3. SALON & SPA
Employee Information:
a. Have you provided your staff list?
b. Have you indicated who can perform what services?
c. How do you compensate your employees?
d. Is staff provided compensation for product sales?
e. How is this compensation determined?
f. What hours are your employees available to perform services?
Customer Information:
a. Have you included existing customers you would like imported?
b. Are there pre-existing appointments/memberships already confirmed with your customers?
6. WILL THE EQUIPMENT BE SHIPPING TO THE BUSINESS ADDRESS?
• We always prefer that the order ships to the business location. We understand that there are times when a location has not yet opened and no one
will be there to receive the equipment, so we can ship to an alternative location if there is no other option.
• If we are shipping the equipment to another location, the merchant will be responsible for transporting the equipment to the site of installation
and should not open the boxes. The installer should be the first person to open the boxes to verify that all equipment is present and intact.
• If NO, please provide name and shipping address:
5. INVENTORY ENTRY METHOD (RETAIL AND SALON & SPA ONLY)
Please note that inventory must be entered in order to ship your system. Harbortouch does not ship blank POS systems without any inventory programmed.
How will you be supplying your product inventory?
Completed inventory will be supplied in approved Harbortouch Inventory Import Template File
You will use a Harbortouch supplied handheld barcode scanner to compile your inventory ($11.00 for shipping)
HT3263_10152021
PAGE 3 OF 4
DSL Cable Fiber Optic 3G/4G
8. WILL YOU BE USING HARBORTOUCH-SUPPLIED GIFT CARDS?
If YES, continue to next question.
If you intend on using a third-party gift card provider, we will require the following:
• Gift card conversion form (available from your sales representative or by emailing giftcards@harbortouch.com)
• A physical card so we can test compatibility
Please send your sample card and conversion form to Harbortouch, Attn: Gift Cards, 2202 N. Irving St., Allentown, PA 18109.
E-mail giftcards@harbortouch.com with questions.
9. DO YOU CURRENTLY HAVE HIGH-SPEED INTERNET ACCESS?
Satellite and dial-up are not approved Internet types for the Harbortouch POS system. If you will be using a wireless Internet option (3G/4G)
you must provide 3 speed tests to verify that it meets required connection speeds and sign a wireless waiver (provided by your factory team).
a.If YES, what type of connection?
• Who is your Internet Service Provider (ISP) (i.e., Verizon, Comcast)?
b. If NO, when will you have Internet installed? ETA:
c. Are you part of a larger network (mall, university, etc.)?
d. Do you have additional devices on the network such as security cameras or a jukebox?
YES NO
Yes No
Yes No
Commission Booth Rental Hourly Salary
Yes No
Yes No
Yes No
4. RETAIL
a. Will you be using a dedicated POS system to manage your warehouse inventory?
b. How many different retail items do you sell?
c. How many of these retail items are barcoded?
d. Are you using manufacturer barcodes or printing your own?
e. Will you require a barcode scanner?
In addition to scanning retail items, a barcode scanner can be used for recalling tickets and scanning membership cards,
or assigning tickets to servers and drivers
f. Do you require the ability to schedule appointments?
g. Do you require age verification?
h. Do you need the system to generate purchase orders?
Yes No
Yes No
Yes No
Yes No
Yes No
YES NO
YES NO
Yes No
Yes No
YES NO
7. ARE YOU COVERED BY INSURANCE?
Insurance company name:
Policy number:
Agent name & phone #:
Note: Per Section 5.h. of your POS Service Agreement T&Cs, Merchant shall insure the Equipment at its own cost and expense.
151 E 57TH ST, Side Door Bar/Restaurant
NEW YORK, NY 10022-2101
Spectrum
13. SPECIAL INSTRUCTIONS (MAY REQUIRE APPROVAL):
HT3263_10152021
11. CABLE REQUIREMENTS
Each networked device (POS systems, kitchen printers, KVS and Caller ID) will require a CAT 5 Ethernet cable run from the router to each piece of equipment.
An existing Ethernet jack within 10 feet of the equipment is also acceptable as Harbortouch will supply a 10' patch cable.
Please select the appropriate option below in regards to your CAT 5 cabling:
CAT 5 cabling is already installed
CAT 5 cabling will be installed by merchant ETA:
Harbortouch to install CAT 5 cabling prior to POS installation - $199 per cable run (billed at the time the work is done).
Please note: If CAT 5 cable is not in place at time of POS installation, Harbortouch will run cable at a cost of $249 per cable run
• Number of cable runs required:
PAGE 4 OF 4
10. DO YOU HAVE THE REQUIRED POWER OUTLETS?
• We require the following power outlets in order to install and use the system:
• 2 power outlets within 4 feet of each terminal
• 1 power outlet within 4 feet of each remote printer (if applicable)
• 2 power outlets required for each Kitchen Video System (if applicable)
• A power strip can be used to ensure the number of outlets are available. A surge protector is recommended.
12. PREMIUM INSTALLATION
YES, I WILL REQUIRE PREMIUM INSTALLATION
Premium installation includes a software expert from Harbortouch headquarters to travel on-site for all day installation, software customization, and training. Cost will be billed after installation and will
include any and all travel-related expenses plus $150 fee for premium service. Minimum cost for this service will be $1,000.
© 2016 Harbortouch Payments, LLC. All rights reserved.
SIGNATURE
DATE PRINT NAME
© 2021 Shi4, a FOUR company. All rights reserved.
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MERCHANT PROCESSING AGREEMENT - MERCHANT APPLICATION (City of Oakland)

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