Merchant Services Broker | Donohoe Financial

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Donohoe Financial doesn’t stop at getting you the best processing rate possible because payment systems aren’t just about collections. They impact the customer experience and how your business is perceived in the marketplace. Curious if you should be charging a convenience fee? How about a surcharge program? Is it worth setting up two different payment channels? Would your customers prefer to receive a text-to-pay message?

Our goal is to design the perfect system for your business no matter where you’re at. As you grow and change we’ll be there to modify your payment system so it can grow and change with you.

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Service Fees

MCAG retains 25.00% of any recoveries obtained on your behalf. If no money is recovered for your organization from a settlement, then MCAG will not charge or retain a fee. Further detail can be found below.

Agreement

This Registration Form (the “Agreement”) pertains to Managed Care Advisory Group’s (“MCAG”) class action settlement recovery service (“Service”) for the Visa MasterCard Class Action Settlement [In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720] (“Settlement”). The Effective Date of this Agreement is the date of this Agreement is successfully submitted electronically by the above identified Merchant/Business (“Client”). When the claims forms become available and the filing period opens, MCAG will file a claim on behalf of the Client as provided herein.
Client agrees to pay MCAG a fee (“Commission”), which is a percentage of Client’s aggregate gross recovery received as payment for the Settlement claim(s) filed by MCAG on behalf of Client without deduction for any expenses of MCAG (“Gross Recovery”) pursuant to this Agreement. The percentage amount appears above in the Service Fees section. MCAG’s Commission is contingent upon Client receiving proceeds and if Client receives no proceeds, for any reason, MCAG is not entitled to a Commission. MCAG’s Commission is all-inclusive and no expenses will be charged to Client. Client understands that the Gross Recovery will be paid to MCAG, deposited into a MCAG account and MCAG will deduct its Commission before distributing the Client’s share thereof.
Client acknowledges and agrees that the Gross Recovery is a payment reportable to the Internal Revenue Service (“IRS”) on Form 1099-MISC. If and to the extent MCAG is paid any amounts of the Gross Recovery and thereafter distributes to Client its share thereof, MCAG may be required by Federal law to withhold and pay to the IRS a specified percentage (currently, 24%) of such Gross Recovery (such requirement is commonly referred to and known as backup withholding). Federal law requires MCAG to conduct backup withholding before distributing any Gross Recovery if Client fails to provide a valid Taxpayer Identification Number (“TIN”) to MCAG (i.e., a TIN is not provided, provided in an improper form, provided incorrectly to MCAG, or provided for an entity or person whose name does not specifically match Client’s name) or MCAG receives a CP2100 or CP2100A Notice from the IRS with respect to Client. Client acknowledges MCAG’s potential obligations with respect to backup withholding requirements and agrees to provide a complete and accurate TIN to MCAG (whether by submitting a fully executed IRS Form W-9 to MCAG or otherwise) and to otherwise cooperate with MCAG so that MCAG can comply with its obligations in this respect.
MCAG will use its best efforts to maximize the recovery amount due to Client in accordance with the terms of the Settlement and the data made available to MCAG. Due to the complexity of the terms and provisions of the Settlement and due to the authority given to the Settlement Administrator (defined as the entity that is appointed by the Court to administer claims for the Settlement), MCAG cannot warrant or guarantee the dollar amount, if any, returned to the Client through the Settlement process.
MCAG will file a claim based on the information provided by the Client, available data from MCAG’s database gathered from several payment card processing companies and merchant services providers that have entered into Service Partner Agreements with MCAG, and any information made available to MCAG by the Settlement Administrator (“Available Data”). MCAG may identify additional merchant locations and accounts (“Data Matches”) within Available Data based on information provided by Client pursuant to this Agreement, and include those Data Matches in the claim submission.
It is the sole responsibility of the Client to provide a complete and accurate Registration Form to MCAG to ensure that MCAG can file a valid and complete claim on behalf of the Client. MCAG is not responsible for any action, benefit, or consequence to the Client in relation to the Service unless MCAG receives a complete and accurate Registration Form prior to the Settlement’s claim filing deadline.
Client hereby authorizes MCAG to request, and First Data to provide, information to be used in connection with the preparation of Client’s claim. This information may include confidential information such as Client’s MID(s), tax identification number, merchant demographic information (e.g., name and address), hierarchy information, Visa Merchant Category Classification Code, dates of Client’s processing relationship with First Data, and gross sales and interchange fee information for various card types (including Visa and MasterCard) during the relevant period (collectively, the (“FD Data”). First Data disclaims all warranties (express or implied) related to any FD Data provided to MCAG, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Client further acknowledges and agrees that First Data is not a party to this Agreement and Client waives any right to take action, or assert any claim against, First Data with respect to the Settlement, the services provided by MCAG, and/or the FD Data.
Client promises, represents, and warrants to MCAG that: (i) Client’s execution of this Agreement will not violate the terms of any pre-existing agreement(s) between Client and a third party; (ii) Client has full power and authority and is duly authorized to execute and perform its obligations under this Agreement; (iii) Client has taken all of the necessary entity actions in order to authorize and ratify Client’s execution and delivery of this Agreement and Client’s performance under this Agreement; (iv) Client completely owns and has sufficient legal rights in and to all claims relating to the Settlement; (v) Client will not sell, assign, or otherwise transfer any claim relating to the Settlement or any of its rights thereto to any third party after the Effective Date without the prior written consent of MCAG, which may be withheld to preserve its rights hereunder (which may include, without limitation, a written agreement from the assignee ratifying and agreeing to be bound by the terms of this Agreement); and (vi) Client will not file or pursue a claim relating to the Settlement independently or with the assistance of any third party after the Effective Date of this Agreement.
Client agrees to and shall indemnify, hold harmless and defend MCAG from and against any and all claims, suits, actions, cause of actions, losses, damages, judgments, liabilities, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or resulting from: (i) Client’s breach of this Agreement; (ii) Client’s failure to perform or observe any of its covenants or obligations under this Agreement; (iii) any of the promises, representations, or warranties of Client in this Agreement becoming or proving to be untrue or incorrect in any material respect; or (iv) Client’s violation of any law, statute, ordinance, order, rule or regulation.
The term of this Agreement (“Initial Term”) shall commence on the date set forth herein above (the “Effective Date”) and shall continue in full force and effect for a period of three (3) years, unless earlier terminated as hereinafter provided. Upon the expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms (each, a “Renewal Term”), unless earlier terminated as hereinafter provided. If MCAG has submitted a claim on behalf of Client with respect to the Settlement prior to the effective date of a timely delivered written notice of termination from Client (a “Prior Submitted Claim”), then this Agreement may not be terminated with respect to the Prior Submitted Claim and MCAG shall complete the process for recovering any Settlement amounts related thereto, providing its services and making any payment(s) to Client related thereto, and collecting and/or retaining any service fees and Commission related thereto in accordance with the provisions of this Agreement. Except with respect to a Prior Submitted Claim, Client shall have the right to terminate this Agreement for any or no reason within thirty (30) days from the Effective Date hereof by timely delivering to MCAG written notice of its desire to rescind and terminate this Agreement. Further, except with respect to a Prior Submitted Claim, this Agreement may be terminated by either MCAG or Client providing no more than ninety (90) days’ and no less than sixty (60) days’ advance written notice to the other party of its intent to terminate this Agreement upon the expiration of the Initial Term or the then current Renewal Term. Upon the termination of this Agreement, the parties shall have the continuing rights and obligations hereinbefore set forth.
If at any time during the Initial Term or any Renewal Term, Client receives a written bona fide offer, including a bona fide letter of intent, to purchase all or substantially all of a claim relating to the Settlement (an “Offer”) and Client desires and elects to accept such Offer, Client shall notify MCAG of such Offer by submitting a written notice to sell or transfer the claim subject to the Offer to MCAG upon the terms and conditions (including the purchase price) set forth in such Offer and provide MCAG with a copy of such Offer and/or such other documents that explain the full terms and conditions of such Offer (the “Notice”). Upon receipt of the Notice, MCAG shall have thirty (30) days to exercise a right of first refusal to purchase the claim subject to such Offer at the price and upon the terms set forth in such Offer (the “ROFR”). During such thirty (30) day period, Client agrees to cooperate with all reasonable requests for information from MCAG. Without limiting the generality of the foregoing, Client agrees to provide any and all documents that MCAG reasonably requires to evaluate such Offer. In the event MCAG gives notice to Client that it is not exercising the ROFR or in the event MCAG fails to respond within such thirty (30) day period, the ROFR shall be null and void as to such Offer. In the event MCAG exercises the ROFR within such thirty (30) day period, it shall be bound by the terms of such Offer and shall enter into a mutually agreeable acquisition agreement for the subject claim. If so exercised, the closing on the purchase of the subject claim by MCAG (the “Closing”) shall be completed by the earlier of the date set forth in such Offer or sixty (60) days after MCAG notifies Client of its intention to exercise the ROFR (the “Closing Date”). Notwithstanding anything to the contrary in this paragraph, MCAG’s choice not to exercise the ROFR within such thirty (30) day period shall not prohibit MCAG from enforcing any other rights or taking any other actions authorized under this Agreement.
This Agreement contains the entire agreement of the parties. The invalidity of one provision of this Agreement shall not affect any other provision. Each party has had the opportunity to review this Agreement with legal counsel of its choice. This Agreement shall be construed in accordance with and governed by the laws of the State of Ohio, without regard to its conflicts of laws provisions. The parties agree that any litigation commenced between the parties interpreting the terms of or regarding the rights and obligations set forth in this Agreement shall be filed, either in the United States Federal District Court located in Toledo, Lucas County, Ohio, or the Lucas County Court of Common Pleas, located in Toledo, Lucas County, Ohio.
By submitting this Registration Form to MCAG, I agree that I have the authority to register in this Service on behalf of the above referenced entity previously defined as the Client, and I have read and agree to all sections of this Agreement. Client hereby authorizes any of its current and/or past payment card processing companies and merchant services providers to provide available data to MCAG, and authorizes MCAG to access and utilize such data to the extent reasonably necessary for MCAG to process Client’s claim. Client hereby authorizes MCAG a) to execute a claim form on Client’s behalf, b) submit a claim for reimbursement under the terms of the Settlement or negotiations or dispute resolutions related thereto, c) to collect, reconcile and distribute the funds that may be due to the Client from the Settlement, and d) to retain the Commission from any amounts recovered. Submission of a completed Agreement to MCAG is represented by clicking the “Submit” button below, and this electronic registration will have the same force and effect as an original signature on a paper copy / hard copy of this Agreement.

Disclaimers

California Consumer Privacy Act Disclaimer: MCAG will not sell your personal information to any party. If in the future, we anticipate selling your personal information to any party, we will provide you with the opt-out and opt-in rights required by law. You have the following rights with respect to your personal data: If you terminate this Agreement, you may request that MCAG destroy your personal information; you may request an overview, in a commonly used format, of the data MCAG processes about you; you may request correction or deletion of data if it is incorrect or no longer relevant.

Payment Card Settlement Disclaimer: On December 13, 2019 the Court granted final approval of the settlement filed on September 18, 2018 for the Rule 23(b)(3) Class Plaintiffs in this action. No claim forms are available at this time, and no claim-filing deadline exists. No-cost assistance will be available from the Class Administrator and Class Counsel during any claims-filing period. No one is required to sign up with any third-party service in order to participate in any settlement. For additional information regarding the status of the litigation, interested persons may visit “www.paymentcardsettlement.com”, the Court-approved website for this case.

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Service Fees

Agreement

Disclaimers