Account Holder Agreement

ACCOUNT HOLDER AGREEMENT

This Account Holder Agreement (the "Agreement") is entered into as of by and between:

RECITALS

WHEREAS, Account Provider maintains and administers accounts, payment processing and related services and will make available such services to the Account Holder on the terms set forth herein (collectively, the "Services");

WHEREAS, Account Holder seeks to open and maintain an account and to receive Services in accordance with the terms and conditions of this Agreement and has provided required documentation and representations;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ACCOUNT HOLDER INFORMATION

Individual Corporation LLC Partnership

SCOPE OF SERVICES

Account Provider will provide the Services described below to the Account Holder pursuant to the terms of this Agreement. The Services shall include, without limitation, account maintenance, transaction processing, reporting, and such other ancillary services as agreed in writing.

PAYMENT TERMS

Account Holder shall pay fees and charges for the Services in accordance with this section. Except as otherwise provided in a separate fee schedule signed by the parties, the following terms apply.

Late Payment: Account Provider may assess a late fee of % per month on any unpaid balance, or the maximum permitted by applicable law, whichever is less, commencing after days past the payment due date.

TERM AND TERMINATION

This Agreement shall commence on and shall continue in effect until unless earlier terminated as set forth below.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may also terminate immediately for material breach if such breach is not cured within a reasonable cure period after written notice (not to exceed 30 days), or immediately for insolvency or unlawful conduct.

CONFIDENTIALITY

"Confidential Information" means all non-public, proprietary or confidential information disclosed by one party to the other, whether in oral, written, electronic or other form, and includes account data, trade secrets, business plans, pricing, customer information and technical information. Each party shall (a) use Confidential Information solely for the performance of this Agreement; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but not less than a reasonable degree of care; and (c) not disclose Confidential Information to any third party except as required by law or to its employees or contractors who have a need to know and are bound by confidentiality obligations no less protective than those herein.

The obligations in this section shall survive termination of this Agreement for a period of three (3) years, except that trade secrets shall be protected for so long as they qualify as trade secrets under applicable law.

Account Holder acknowledges and agrees to be bound by the confidentiality obligations set forth above.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located within that State for resolution of disputes arising under this Agreement.

ENTIRE AGREEMENT

This Agreement, together with any fee schedule or exhibit executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into this Agreement, that the person executing this Agreement on its behalf is duly authorized, and that this Agreement constitutes a valid and binding obligation enforceable in accordance with its terms.

Sign Now