TERMS & CONDITIONS

H&M Wagner Foodservice Credit Card/ ACH Payment Authorization

One (1) Time Charge – You authorize H&M Wagner and Son’s Foodservice to make a one-time charge/

debit to your Credit Card or Checking/Savings Account provided.

Recurring Charge – Through prior approval, you authorize H&M Wagner and Son’s Foodservice to make

regularly scheduled charges/debit to your Credit Card or Checking/Savings Account provided. You will be

charged the amount per the invoices accumulated, per terms and each billing period. Prior notification

will be given before each recurring charge. Authorization will remain in effect until cancelled in writing.

If payment days fall on a weekend or holiday, payments will be executed on the next business day.

A receipt for each payment will be emailed and the charge will appear on your Credit Card or Bank

Statement.

Effective August 10, 2023, all credit card payments will be subject to a 1.5% processing fee.

For ACH debits to checking/ savings account: In the case that an ACH transaction is rejected for Non-

Sufficient Funds (NSF), H&M Wagner and Sons Foodservice may charge a $35 return fee for the rejected

transaction.

I authorize H&M Wagner and Son’s Foodservice to charge/debit my account for purchases related to

goods and services, as well as any accompanying fees. I understand that my information will be saved to

file for future transactions on my account, and that this can be revoked at any time on request.

I certify that I am an authorized user of the credit card or bank account provided and that I will not

dispute the payment with my credit card company or bank.

FTNI ACCEPTABLE USE POLICY

Financial Transmission Network, Inc., ("FTNI") provides a variety of payment processing services

(collectively, the "Services") to its customers. This Acceptable Use Policy ("AUP") is applicable to any and

all use of the Services including, without limitation, use and access by (a) FTNI’s customers, (b) FTNI's

customers' customers and end-users, and (c) any other parties who use or access the Services (collectively,

the "Users"). All Users must comply with this AUP. BY ACCESSING OR USING THE SERVICES, EACH

USER AGREES TO THIS AUP. NO USER IS AUTHORIZED TO ACCESS OR OTHERWISE USE THE

SERVICES UNLESS SUCH USERS FULLY COMPLY WITH THIS AUP. Each FTNI customer agrees that

it is responsible for violations of this AUP by itself and by any User that uses or accesses the Services

through such customer, whether authorized by such customer or not. FTNI reserves the right, at its sole

discretion, to refuse new service to any individual, group, or business.

1. Changes to this AUP. FTNI MAY REVISE THIS AUP AT ANYTIME AND IN ITS SOLE

DISCRETION. WHEN THE AUP IS UPDATED, THE "LAST UPDATED" DATE AT THE BOTTOM

OF THIS AUP WILL LIKEWISE BE UPDATED. EACH USER IS RESPONSIBLE FOR

REGULARLY REVIEWING THE MOST CURRENT AUP, WHICH MAY BE ACCESSED BY

GOING TO FTNI’S WEBSITE AT www.ftni.com AND CLICKING ON THE HYPERLINK LABELED

“ACCEPTABLE USE POLICY.” CONTINUED USE OF THE SERVICES FOLLOWING ANY

REVISION TO THE AUP CONSTITUTES A USER'S AGREEMENT TO ANY REVISED AUP.

2. Violations of FTNI’s Acceptable Use Policy. Users shall not use the Services (a) to transmit,

distribute or store material in violation of any applicable law, regulation, or judicial order; (b) in a

manner that violates the terms of this AUP, the terms of any applicable agreement with FTNI, or

any other FTNI policy applicable to such Users; or (c) in a manner that may expose FTNI to criminal

or civil liability. Without limiting the generality of the foregoing, the following constitute violations of

the AUP:

a. Using the Services to transmit any material that, intentionally or unintentionally, violates

any applicable local, state, national or international law, or any rules or regulations there

under.

b. Using the Services to transmit, distribute or store information or material that is

inappropriate, offensive, obscene (including, without limitation, child pornography),

defamatory, threatening, abusive, or advocating violence.

c. Using the Services to transmit, distribute or store information or material that is harmful to

or interferes with FTNI’s provision of Services, or the functionality of any third party's

networks, equipment, applications, services, or web sites (e.g., data mining software,

viruses, worms, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data

gathering or extraction tools, etc.).

d. Using the Services to transmit any material (by email, uploading, posting, or otherwise)

that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of

any third party, including, but not limited to, the unauthorized copying of copyrighted

material, the digitization and distribution of photographs from magazines, books, or other

copyrighted sources, and the unauthorized transmittal of copyrighted software.

e. Using the Services to add, remove or modify identifying header information in an effort to

deceive or mislead, or to attempt to impersonate any person by using forged headers or

other identifying information.

f. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email

in violation of the CAN-SPAM Act of 2003 (as amended), all other laws and regulations

applicable to bulk e-mail and/or unsolicited commercial email, and FTNI’s Spam Policy.

g. Using the Services to access, or to attempt to access, the accounts of others, or to

penetrate, or attempt to penetrate, security measures of FTNI’s or another entity's

computer software or hardware, electronic communications system, or

telecommunications system, whether or not the intrusion results in the corruption or loss of

data.

h. Using the Services for any activity which adversely affects the ability of other people or

systems to use FTNI or the Internet. This includes "denial of service" (DoS) attacks against

another network host or individual user. Interference with or disruption of other network

users, network services or network equipment is prohibited. It is the User's responsibility

to ensure that their network is configured in a secure manner. A User may not, through

action or inaction, allow others to use their network for illegal or inappropriate actions. A

User may not permit their network, through action or inaction, to be configured in such a

way that gives a third party the capability to use their network in an illegal or inappropriate

manner.

i. Using the Services to collect, or attempt to collect, personal information about third parties

without their knowledge or consent.

j. Using the Services to make fraudulent offers to sell or buy products, items, or services.

k. Using the Services to monitor data or traffic on any network or system without the

authorization of the owner of the system or network.

l. Including, without limitation, violations of the Export Administration Act and the Export

Administration Regulations administered by the Department of Commerce.

m. Reselling the Services without FTNI's authorization.

n. Using the system in a manner that exposes or may expose FTNI, its customers, partners,

or vendors, or any other person or entity using the FTNI System to abuse, complaints,

retaliation, connectivity issues, or other negative impact.

o. Using the Services to engage in any other conduct that FTNI believes, in its sole discretion,

to be illegal, abusive, or irresponsible behavior.

3. Cooperation with Investigations & Legal Proceedings. FTNI may, without notice to any User

(a) report to the appropriate authorities any conduct that it believes violates applicable criminal law,

and (b) provide any information it has about any User in response to a formal or informal request

from a law enforcement or government agency, or in response to a formal request in a civil action

that on its face meets the requirements for such a request.

4. Consequences of Violation of the AUP. Without limiting any other right or remedy FTNI may

have, the methods of resolution below will typically form the framework for resolving violations of

FTNI’s AUP. Timing of and adherence to this framework may differ according to the degree of the

violation, the nature of the violation, involvement of law enforcement, involvement of third party

litigation, or other related factors.

a. First notice of alleged or actual AUP violation. FTNI will, in its discretion, provide

customers with written notice of an alleged or actual violation of this AUP, the required

actions the User must take to resolve the issue, and the period of time in which such

violation must be resolved (the “AUP Violation Notice”).

b. Second notice of alleged or actual AUP violation. If the AUP Violation Notice has been

disregarded, not properly addressed, or not resolved by the User within the specified period

of time requested by FTNI, FTNI will disable access to and/or use of the Services being

used in violation of the AUP. If the violation is then addressed within an acceptable period

of time as determined in FTNI’s sole discretion, access to and use of the Services will be

restored and will continue as normal.

c. Suspension or Termination of Services. If User fails to address and/or resolve the

violation, FTNI will in it sole discretion, suspend or terminate some or all of the Services

being provided to the violating customer. Users understand and agree that FTNI assumes

no liability whatsoever, either express or implied, for any lost data or lost use of the Services

due to suspension or termination of the Services. All User content and/or data being used

or stored in connection with any terminated Services will be destroyed upon termination.

No service credits will be issued for any interruption in service resulting from violations of

this AUP. While FTNI will attempt to follow the procedures listed above, FTNI may, without

notice to User, suspend service and/or remove any content transmitted via the Services if

FTNI discovers facts that lead it to reasonably believe Services are being used in violation

of this AUP. Customers must cooperate with FTNI’s reasonable investigation of any

suspected violation of the AUP. FTNI will attempt to contact its customers prior to

suspension of any access to any Services, however, such prior notice is not assured nor

required by FTNI. FTNI reserves the right at all times to investigate any actual, suspected,

or alleged violations of this AUP, with such investigation to include accessing of data and

records associated with the Services.

5. Expenses. FTNI reserves the right to recover any and all expenses incurred in connection with a

customer's violation of this AUP, or FTNI’s investigation thereof. FTNI may charge its customers

(and customers agree to pay) FTNI' hourly rate to correct or otherwise address any violation of this

AUP or to repair any security breach, plus the cost of equipment and material needed to: (x)

investigate, correct or otherwise respond to any violation or suspected violation of this AUP, (y)

remedy any harm caused to FTNI or any of its customers by violation of this AUP, (z) respond to

complaints.

6. Security. Customers are solely responsible for any breaches of security affecting use of the

Services by unauthorized persons. Customer must adopt adequate security measures to prevent

or minimize unauthorized use of its account. Customers must protect the confidentiality of

password(s), and should change password(s) periodically.

7. Disclaimer. FTNI is not responsible for any material or information created, stored, maintained,

transmitted or accessible on or through the Services. In the event FTNI becomes aware that any

such material may violate this AUP and/or expose FTNI to civil or criminal liability, FTNI may block

access to such material and suspend or terminate any Services without liability. FTNI further

reserves the right to cooperate with legal authorities and third parties in investigating any alleged

violations of this AUP, including disclosing the identity of any User that FTNI believes is responsible

for such violation. FTNI also reserves the right to implement technical mechanisms to prevent AUP

violations. Nothing in this AUP shall limit FTNI' rights and remedies at law or in equity that may

otherwise be available. FTNI is under no duty, and does not by this AUP undertake a duty, to

monitor or police its customers' activities and disclaims any responsibility for any misuse of the

Services. FTNI disclaims any obligation to any person who has not entered into an agreement with

FTNI for Services.

8. Contact. Please direct all questions regarding this AUP to support@FTNI.com.

Last Updated September 1, 2016