Addendum to Billing Services and Software as a Service Terms and Conditions

Addendum to Billing Services and Software as a Service Terms and Conditions

LAST UPDATED: JULY 25, 2024

This Addendum supplements that the Terms and Conditions (“Terms”) that govern the services (“Services”) provided by Zunta, LLC (“Provider”) to the customer (“Customer”) (collectively, the “Parties”) that has submitted an approved Customer Application and Service Agreement (“Service Agreement”). This Addendum, which will be amended from time to time, describes the terms and conditions under which Provider will provide optional services pertaining to the collection of Surcharges and Convenience Fees on behalf of the Customer.

1. Definitions

In addition to the Definitions set forth in the Terms, the following additional definitions are provided:

a.

“Convenience Fee” means a fee passed on to payees for the privilege of paying for services and products provided by Customer when payee is using an alternative payment method that is not standard for a Provider.

b.

“Surcharge” means is a fee levied by the Customer in connection with payments made for services and products provided by Customer when payee is using a credit card. The fee covers the credit card fees associated with a transaction. A surcharge is not a Convenience Fee.

2. Parties Obligations

a.

Enrollment.

Customer has requested and, subject to the conditions of this Addendum, Provider has agreed to provide for the collection of Surcharges and/or Convenience Fees with respect to payments received from, or on behalf of, residents in Customer’s facility(ies) (“Residents”) in connection with Services. Customer may request that Provider collect Surcharges and/or Convenience Fees by completing the Service Agreement and selecting these desired optional Services.

b.

Fees and Charges.

Customer shall specify, subject to Provider’s approval, the surcharges and/or fees to be collected by Provider.

c.

Provider’s Sole Discreion.

Provider, in its sole discretion, may decline to collect any Surcharge or Convenience Fee.

d.

Acknowledgment.

Notwithstanding anything herein to the contrary, Customer acknowledges and agrees that it will: (1) take steps necessary to inform Residents and other payees of any Surcharges and/or Convenience Fees prior to using the Services to collect or remit any payment; (2) separately identify any Surcharges and/or Convenience Fees on any receipts or invoices issued by Customer; (3) comply with all applicable laws and regulations relating to Surcharges and/or Convenience Fees; and (4) comply with all rules, policies and procedures issued by payment processors.

3. Indemnification

a.

Customer assumes all liability in connection with collection of Surcharges and/or Convenience Fees, including in connection with all claims arising out of any offer to collect, payment, collection and disbursement of any Surcharge and/or Conveniece Fee.

b.

Customer agrees to indemnify, hold harmless, and, at Provider’s option, defend Provider from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) incurred by Customer resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") any and claims relating to any Surcharge and/or Conveniece Fee.

c.

In the event of a Third-Party Claim, Provider, in its sole discretion, may discontinue the collection of Surcharges and/or Convenience Fees on behalf of Customer.

4. Termination

a.

Termination.

In addition to any other express termination right set forth in the Terms:

i.

Provider may terminate the services described in this Addendum, in whole or in part, immediately upon written notice, without cause and for any reason.

b.

Survival.

This Section 4 and Section 3 survive any termination or expiration of the Terms.