Rolly Receipts Master ATM Placement Agreement
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This agreement is made and entered into effective on the date signed on the Free ATM Form, between Rolly Receipts, LLC (“ATM Owner”) and the Business (“Location”) its successors and assigns, for the placement of an automated teller machine (“ATM”) located at address specified in the Free ATM Form by the "Location".
1) Equipment: ATM Owner owns the “ATM”. Location agrees that ATM Owner may install, operate and maintain its ATM at Location’s Premises in an indoor location. Location shall provide such space for the ATM as is reasonably necessary to enable customers to have access to the ATM and for maintenance and servicing of the ATM.
2) Availability: Location agrees that the ATM shall at all times remain available for use by Location’s customers during Location’s normal business hours for the term of this Agreement. ATM Owner or its affiliates or contractors reserves the right to schedule reasonable downtime to accomplish necessary maintenance or system improvements.
3) Location Compensation:
ATM Owner shall pay the Location for hosting the ATM per "Section 2 - Revenue Split" selection, paid via ACH or Check. It is the Location’s responsibility to cash the check. The Location not cashing the checks does not constitute the ATM Owner of missing payouts.
4) Installation: ATM Owner agrees to install the ATM and deliver all cash, supplies, signage, maintenance and upgrades to ATM at no cost to Location. ATM will be secured to the floor with two (2) 2” bolts, half inch in diameter.
5) Processing Services: Location agrees that Owner will provide ATM processing services for free and Location shall not have the option to contract for processing with any other processor for the term of this agreement.
6) Exclusivity: Location shall not permit the removal of the ATM from the Premises nor allow the placement of any other ATM’s on the Premises (whether inside or outside) during the duration of this contract. If the ATM is removed, unplugged, or transactions are interfered with, Rolly Receipts will recover all lost transaction revenue for the duration of this agreement based on past transaction patterns at this location as determined by the ATM Owner.
7) Damage/Loss: Location shall exercise reasonable care to protect the ATM from damage, loss, or theft by providing a secure facility. The ATM Owner is responsible for any damage to the ATM and its contents, except when caused by Location’s negligence. Location releases ATM Owner from all liability for property damage, including floor damage from installation or removal of the ATM. If Location terminates before the Initial Term ends, it shall compensate ATM Owner for lost transaction revenue for the remainder of the Agreement, based on historical transaction patterns as determined by the ATM Owner.
8) Initial Term: This Agreement shall be for a term of 4 years from the date of this signed contract. This contract can be canceled by the Location with written agreement signed by both Location and ATM Owner. Upon expiration of the initial term, this agreement will automatically renew for additional terms of 4 years each on the same terms and conditions as provided herein unless cancelled by written notice by the Location at least one hundred fifty (150) days prior to the expiration of each term. Rolly Receipts LLC (ATM Owner) may remove the ATM at Rolly Receipts sole discretion, for any reason, at any time.
9) Termination or Cancellation: Upon termination, ATM Owner shall promptly remove the ATM and related improvements. Location is responsible for any reasonable damage to floors or facilities from installation or removal and releases ATM Owner from liability for such damage. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and any entity acquiring the business, assets, or operations whether by sale, merger, consolidation, or other transfer.
10) Notices and Attorney Fees: Notices are official when delivered in person, by email, or by registered mail to the addresses listed in this Agreement. In any action to enforce or interpret this Agreement, ATM Owner may recover reasonable attorney fees, court costs, and related expenses, including appeals, collections, or bankruptcy. Disputes shall be adjudicated in Colorado state court in Denver County, or, at ATM Owner’s option, in the jurisdiction where the ATM or Location is situated. This Agreement is governed by Colorado law, without regard to conflict of laws.
11) Transferability: In the event of a change in ownership or acquisition of the ATM Owner by another company, this contract and all associated rights and obligations herein shall be fully transferable to the new owner without the need for additional consent from the Location. Additionally, in the event of an ownership change of the Location, the contract will still be effective until the expiration date with current terms.
12) Insurance: Location agrees to carry in full force and effect liability insurance for the premises. Location is not responsible for loss due to damage or vandalism or theft of ATM machine, or cash in the ATM machine.
13) Fees: The ATM Owner and the Processor charges no installation, maintenance, or cash vaulting fees to the Location.
14) Surcharge: ATM Owner monitors and determines the fair market value for ATM transactions on a regular basis. Location agrees that the ATM Owner will exclusively set the ATM surcharge.
IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this agreement. Both parties agree and acknowledge that this document may be electronically signed as if it were a physical signature.
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