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Electronic Payment Agreement Template for United States

An Electronic Payment Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions for processing electronic payments between parties. This agreement outlines payment processing procedures, security requirements, fee structures, and compliance obligations under relevant U.S. regulations including the Electronic Funds Transfer Act, NACHA rules, and state-specific requirements. It includes provisions for data protection, dispute resolution, and service level commitments.

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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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Sector

Banking

Cost

Free to use

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