ATM Placement Agreement
ATM Placement Master Agreement for Hosting an ATM
This Location Master Agreement (the “LMA”), is made and entered into effect as of the date listed as the “Effective Date” on the first applicable Kiosk Placement Form (“Free ATM Placement Form”) (“Start Date”) by and between ATM Xpress USA d/b/a ATM Xpress USA (“ATM Deployer”, “ ATM Xpress USA”), and the individual or entity listed on the applicable Placement Form(s) as Location (“business”). Together, the LMA and Placement Form(s) constitute the “Agreement”. Location and ATM Deployer each may be referred to individually as a “party” or collectively as the “parties”.
1. Recitals. The foregoing Recitals are herein restated and incorporated herein by reference.
2. Exclusive Right. The Deployer is hereby granted an exclusive right to operate the Equipment at the Location during the term of this Agreement. The actual type of Equipment and the placement of such Equipment at the Location will be as determined and agreed upon by the Deployer and the Location. The Equipment may be able to be bolted to the floor for security based on the approval of the Location.
3. Title of Equipment. All Equipment installed at the Location, ATM Deployer is and shall remain the sole and exclusive property of the Deployer and Location acknowledges the same. Title shall at all times remain with the ATM Deployer. In this regard, Location will execute any and all additional documentation as reasonably requested by the Deployer to confirm or further evidence such title.
4. Access to Equipment Electric Service, etc. Location shall provide access to the Equipment during the normal business hours of the Location or as otherwise agreed upon by the Deployer and Location. Location further agrees to supply all electric service, at Location’s sole expense. Deployer shall have access to the Location and the Equipment for installation, servicing, repair and maintenance of the Equipment at agreed upon times by the Deployer and the Location.
5. Miscellaneous.
a. The ATM Deployer agrees to ensure no charges or fees are incurred to the Location in relation to only the operating of an ATM at the Location. The said services mentioned above are to be provided to the Location at no charge.
b. Deployer shall be responsible for supplying and delivering all services required to be used in the Equipment, in such denominations and total amounts as determined ATM Deployer in its sole discretion. In case of burglary/theft, the Deployer is responsible for the ATMs losses/damages.
c. While this Agreement is effective and in place, other ATM Companies/Locations are strictly prohibited from operating or performing any and all ATM services at this site Location.
d. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assignments. The ATM Surcharge and Payout is determined ultimately by the ATM Deployer between either choice 1 or choice 2 on the bottom of page 2 of the completed Agreement Form. Should any of the provisions of this Agreement be held to be illegal, invalid or unenforceable, then such provisions shall be deemed null and void without in any way invalidating or affecting the remaining provisions hereof.
e. The ATM Deployer has the right to increase the surcharge after the ATM is placed.
6. Location hereby grants the Deployer first right of refusal to place ATMs in additional ATM Deployer Locations.
7. Term. The Deployer has the exclusive right to remove equipment and terminate this agreement if Locations do not perform to the ATM Deployers expectation with a (30) day written notice. This agreement shall be for a term of five (5) years from the date of installation unless amended or
terminated by written agreement signed by both Owner and Location or terminated as set forth below.
Upon the expiration of the initial term, this Agreement will automatically renew for subsequent additional
terms of five (5) years each on the same terms and conditions as provided herein unless canceled by written
notice at least ninety (90) days prior to expiration of the term.
8. Transferability and Cancellation Fee: In the event of a change in ownership or acquisition of the ATM Owner or ATM Contract 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.
9. This Agreement and any riders attached hereto constitute the entire Agreement between Deployer and business and supersedes any other prior agreement or oral understandings. This Agreement may only be modified with the written approval of both parties hereto.