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Notifi Services – Additional Terms

1. Services and Prerequisites. 51�Թ������ճԹ� will provide to Client the services (the “Notifi Services”) described in these Notifi Services Additional Terms. In order to receive the Notifi Services, Client must have in place active outsourced services or in-house arrangements with 51�Թ������ճԹ� for both of the following: (i) core account processing services; and (ii) mobile banking or online banking services, as applicable, where the applicable mobile banking or online banking services is supported by 51�Թ������ճԹ� for the Notifi Services.

(a) General Description. The Notifi Services are a financial institution centric alerts offering comprised of monetary and non-monetary alerts to be sent to a device or system via one or more of the following: email, in-application alerts, Notification (push notification) and/or SMS (each an “Alert”), to the extent such delivery channels are available in the Notifi Services. The Notifi Services include a standard alerts registration mechanism for certain 51�Թ������ճԹ� products (as described in the applicable documentation) which enables Users (as defined below) to register to receive Alerts through either Notifi Advantage, Notifi Essentials, or Notifi Select, as identified by the Client.

(b) Definitions: As used herein, the following terms and definitions shall apply:

(i) “Content” means information, text, data, color or black and white images contained in an Alert.

(ii) “Email” means a message forwarded to a User’s designated electronic mail address.

(iii) “In-application alert” means a message forwarded to a User’s online banking site.

(iv) “Notification” means, as part of the Network Gateway Services, a push notification message that is forwarded from 51�Թ������ճԹ�’s alerts/notification engine through the notification network of third parties such as Android or Apple/iOS to a User utilizing a 51�Թ������ճԹ� downloadable mobile application.

(v) “Notifi Advantage”: includes the support of monetary and non-monetary core alerts and online banking security alerts; internal alerts, scheduled alerts, employee alerts, commercial alerts and broadcast alerts, if applicable. Alerts will be sent to a device or system via email, in application (if applicable), SMS and/or push notification.

(vi) “Notifi Essentials”: includes the support of limited monetary and non-monetary core alerts, online banking security alerts; limited internal alerts, scheduled alerts, commercial alerts and broadcast alerts, if applicable. Alerts will be sent to a device or system via email, in application (if applicable), SMS and/or push notification.

(vii) “Notifi Select”: includes the support of limited monetary and limited internal alerts to be sent to a device or system via email and may include in-application alerts if applicable, and/or SMS.

(viii) “Short Code” means a combination of fewer than ten digits to which SMS Users can direct text messages from their wireless equipment and which a carrier translates into a valid SMPP address for delivery to the Service Provider or its affiliates in order for SMS Users to order and/or receive mobile Content.

(ix) “Short Message Service” or “SMS” (text messaging) means a messaging service using a text message format which allows Users of mobile phones with a carrier-assigned mobile phone number, to send and receive simple text messages, usually limited to one hundred sixty (160) characters.

(x) “Terms of Service” means a written agreement Client will enter into with its Users regarding the Notifi Services.

(xi) “SMS Users” means Users who are authorized and enrolled with Client to receive the Notifi Services via SMS.

(xii) “User” means a customer of Client who is enrolled in a 51�Թ������ճԹ� online banking or 51�Թ������ճԹ� mobile banking solution; for pricing purposes, Users shall be calculated in the same manner as they are within such 51�Թ������ճԹ� mobile banking or online banking solution.

(c) SMS Services. With respect to Client’s receipt of SMS Services, the following shall apply:

(i) 51�Թ������ճԹ� shall provide Client with certain SMS related services (“SMS Services”) for Client’s offering of the SMS Services to United States resident SMS Users. 51�Թ������ճԹ� may utilize one or more third party SMS aggregation service providers (each a “Service Provider”) for the provision of all or some of the SMS Services; provided that 51�Թ������ճԹ� shall remain liable for the performance of such Service Providers. 51�Թ������ճԹ� shall provide Client with commercially reasonable notice if 51�Թ������ճԹ� changes Service Providers in a manner that necessitates material changes to Client’s implementation. 51�Թ������ճԹ� may terminate the SMS Services upon notice to Client if 51�Թ������ճԹ�’s agreements with its Service Provider(s) for SMS Services terminate. Prior to such termination, 51�Թ������ճԹ� will use commercially reasonable efforts to replace such Service Provider(s).

(ii) Notwithstanding anything set forth in the Agreement or these additional terms, the additional terms and conditions set forth on Appendix 1, attached hereto and made a part hereof, shall apply to the SMS Services. 

(d) Network Gateway Services. As part of Notifi Advantage and Notifi Essentials, 51�Թ������ճԹ� shall provide Client with network gateway services (the “Network Gateway Services”) to support Client’s delivery of its Notifications to its Users utilizing Apple’s Push Notification Service and Google’s Cloud Messaging Service (such provider(s) shall be hereinafter referred to as a “Notification Service Provider(s),” and either individually or collectively the aforementioned service(s) from such Notification Service Providers as “Notification Service(s)”).

(i) To the extent that a User: (A) has a device capable of receiving Notifications from Notification Service Providers, (B) has downloaded the applicable mobile banking application onto such device, and (C) has registered and provided consent to receive notifications, such User shall be eligible to receive a Notification.

(ii) Network Gateway Services shall be inclusive of the connectivity between 51�Թ������ճԹ�, Notification Service Providers and Client via mobile banking services or Architect banking services, as applicable.

(iii) Notwithstanding anything set forth in the Agreement or these additional terms, the additional terms and conditions set forth on Appendix 2, attached hereto and made a part hereof, shall apply to the Network Gateway Services. 

(e) Hours. 51�Թ������ճԹ� will use reasonable efforts to make the Notifi Services available to Client 24 hours a day, 7 days a week, subject to scheduled maintenance, scheduled downtime, and causes beyond the reasonable control of 51�Թ������ճԹ�. 51�Թ������ճԹ� shall have no obligation to address or support: issues caused by Client alterations or modifications to the Notifi Services; services that are not currently supported; Notifi Services problems caused by Client’s negligence, abuse, or misapplication; use of the Notifi Services other than as specified in these additional terms or the Notifi Services documentation; or Notifi Services problems caused by failure to perform responsibilities listed under the Client Responsibilities section below.

(f) Integration. 51�Թ������ճԹ� will integrate the Notifi Services with the applicable 51�Թ������ճԹ� online banking and mobile banking applications. Any additional integration of Notifi Services to other applications or non-51�Թ������ճԹ� systems is subject to the mutually written agreement of the parties, including any additional implementation fees.

(g) Notifi Services Training. 51�Թ������ճԹ� will provide a one-time training session on the Notifi Services to Client’s trainers (in a ‘train the trainers’ environment) during the first twelve (12) months after Client is live on the Notifi Services. Client’s trainers will be responsible for training Client’s associates and/or Users. Training will include Notifi Services registration and self-service applications, as well as training on the Notifi Services customer care tool, travel and other expenses will be the responsibility of the Client.

(h) Support. Client is responsible for first tier support to its Users. Client agrees to provide all User technical support and 51�Թ������ճԹ� will provide second level technical support Monday –Friday 8AM-5PM CT, excluding 51�Թ������ճԹ� holidays, to Client’s support representatives, including logging the initial technical support inquiry from Client and initiating the troubleshooting process. 51�Թ������ճԹ� will use commercially reasonable efforts to determine the source of support issues and to remedy the issues. Unless otherwise agreed in writing, 51�Թ������ճԹ� will not provide onsite support.

2. Client Responsibilities.

(a) Client may be required to provide hardware and software to support the delivery of system generated events not contained in a 51�Թ������ճԹ� hosted environment. 51�Թ������ճԹ� will outline any required hardware and software requirements in the implementation documentation.

(b) Rules, Operating Instructions and Terms of Service. Client agrees that it will use, and will instruct its Users to use, the Notifi Services in accordance with such rules or operating instructions as may be established by 51�Թ������ճԹ� from time to time. Client will enter into “Terms of Service,” and require the Users to follow the Terms of Service. As part of 51�Թ������ճԹ�’s standard documentation for the Notifi Services it generally provides to its financial institution clients, 51�Թ������ճԹ� may make available to Client sample general terms and conditions that Client may consider in establishing the Terms of Service. On or before the implementation of Notifi Services, Client agrees to (i) review such Terms of Service, and (ii) include such Terms of Service within Client's existing terms of service or other agreement between Client and its Users (such terms of service are referred to as “Updated Terms of Service”) to enable the Updated Terms of Service to be presented to its Users upon the implementation of Notifi Services. Client will present such Updated Terms of Service for acceptance to all of its Users in accordance with applicable law. Client acknowledges that the Terms of Service are between Client and its Customers, not 51�Թ������ճԹ�. Any terms that are required by 51�Թ������ճԹ� to be present in such Updated Terms of Service without substantial modification will be marked as such; Client will not substantially modify such marked terms and conditions without the prior, written approval of 51�Թ������ճԹ�. 51�Թ������ճԹ� is not responsible for Client’s modifications to such terms and conditions.

(c) Client acknowledges and agrees that Client is responsible for the content of all Alerts delivered to Users via the Notifi Services.

(d) Compliance.

(i) Client represents and warrants to 51�Թ������ճԹ� that it has taken and will continue to take whatever action may be necessary to comply with all applicable laws, rules, statutes and regulations, including but not limited to: (i) the Telephone Consumer Protection Act (47 U.S.C. § 227) (TCPA) and its underlying regulations; and (ii) the Controlling the Assault of Non-Solicited Pornography and Marketing Act (15 U.S.C. § 7701-13) (CAN-SPAM Act) and its underlying regulations, to enable Client to offer and provide the Notifi Services to its Users and to otherwise register and activate Users to make use of the Notifi Services, including, but not limited to, any necessary pre-registrations, consents and authorizations from and notices to its Users.

(ii) Client shall defend, indemnify and hold 51�Թ������ճԹ�, its Affiliates, and their respective officers, directors, and employees harmless against any and all claims, actions or other costs and expenses (including reasonable attorneys’ fees) arising from or related to any breach of Section (d)(i) immediately above. 51�Թ������ճԹ� shall provide Client with prompt notice of any such claim for indemnification and cooperation in the defense and settlement of such claim, and shall grant Client control over the defense or settlement of such claim.

(e) Client agrees to fulfill the following obligations and if Client fails to fulfill its responsibilities 51�Թ������ճԹ� will use commercially reasonable efforts to address issues caused by such failure at its then current rates:

(i) Maintenance and support of Client’s core account processor and, as applicable to the Notifi Services, mobile or online banking service, unless such functions are provided by 51�Թ������ճԹ�.

(ii) Unless 51�Թ������ճԹ� is Client’s core account processor, overall security of Client’s core account processor and data that resides on Client’s core account processor is the responsibility of Client, unless otherwise agreed to in writing by the parties.

(iii) From time to time, Client may be required to provide 51�Թ������ճԹ� with a reasonable and acceptable number of production test accounts that have all available account types and functions represented in each one for resolution of support and maintenance related issues.

(f) Network Gateway Services. If applicable, and with respect to Client’s receipt of the Network Gateway Services from 51�Թ������ճԹ�, Client shall also fulfill the following responsibilities:

(i) Enter into the relevant service agreement(s) or terms of service (collectively, the “Notification Service Agreements”) with each of the Notification Service Providers as identified above, as required by such Notification Service Provider, and take such necessary actions to ensure that such Notification Service Agreements remain in effect during the time Client has contracted for the Notifi Services, including, but not limited to, payment of all fees required by the Notification Service Providers;

(ii) Provide prompt notice to 51�Թ������ճԹ� if any of the Notification Service Agreements are terminated or Client’s access to one or more of the Notification Services is either suspended or terminated;

(iii) Ensure that the Content of any Notification provided to 51�Թ������ճԹ� is: (A) accurate, complete and authentic; and (B) in compliance with the terms and conditions as stated in the Notification Service Agreements; and

(iv) Subject to the confidentiality provisions as stated in the Agreement, provide to 51�Թ������ճԹ� the developer credentials obtained from each Notification Service Provider; 51�Թ������ճԹ�’s use of such credentials shall be limited to supporting its provision of Network Gateway Services hereunder.

3. Additional Terms.

(a) Third Party Factors and Span of Control. Client acknowledges that the successful transmission of an Alert to a User is dependent on the facilities, networks, connectivity, or any acts and/or omissions of the Notification Service Providers, third party wireless service providers, governmental entities and/or other third parties (collectively, the “Third Party Factors”). Client acknowledges that the performance of the Notifi Services may be affected by such Third Party Factors and that Third Party Factors are outside 51�Թ������ճԹ�’s Span of Control. 51�Թ������ճԹ�’s “Span of Control” means those areas of functionality and technology, including hardware and software used in the provision of the Notifi Services that are under the direct control of 51�Թ������ճԹ� (excluding Third Party Factors). FISERV WILL HAVE NO LIABILITY FOR ANY REDUCTION, INTERRUPTION, TERMINATION OR SUSPENSION OF, OR OTHER ISSUES WITH, THE DELIVERY OF ALERTS TO USERS TO THE EXTENT CAUSED BY FACTORS OUTSIDE FISERV’S SPAN OF CONTROL.

(b) User Responsibility. 51�Թ������ճԹ� shall not have any liability resulting from any User’s use of the Notifi Services, including (i) delays, failure to deliver, misdirected delivery of any Alert; (ii) for any errors in the content of an Alert, or (iii) for any actions taken or not taken by Users or a third party as the result of an Alert.

(c) Market Adoption. Client agrees to assist 51�Թ������ճԹ� with certain marketing efforts associated with the Notifi Services. These efforts may include, as reasonably requested and mutually agreed to, a press release announcing selection of the Notifi Services, marketing the Notifi Services to Client’s customers, serving as a reference contact, sharing of Client-developed real-time alert notification related materials and realized value of the Notifi Services, participating in joint marketing activities for 51�Թ������ճԹ�, and other similar activities as the parties may mutually agree upon. In addition, Client agrees 51�Թ������ճԹ� may aggregate Client’s non-personal user data and information relative to the use of the Notifi Services by Users and their mobile devices with similar data from other 51�Թ������ճԹ� customers for the purposes of enhancing 51�Թ������ճԹ� products and adoption techniques.

(d) Monthly Users. Client shall pay a base monthly services fee as set forth in the Fee Exhibit or otherwise based on the greater of (i) the total number of Client’s enrolled retail and business on-line banking customers; or (ii) the total number of Client’s enrolled retail and business mobile banking customers (the “Monthly Users”). If 51�Թ������ճԹ� does not provide the online banking or mobile banking services to Client, then for purposes of calculating the number of Monthly Users during each monthly period, Client shall provide to 51�Թ������ճԹ�, within ten (10) days after the first of each calendar year, information documenting Client's number of Monthly Users. Monthly Users shall include any Client user account which was logged into within the preceding ninety (90) days or not inactivated or purged by Client. Client shall permit 51�Թ������ճԹ�’s authorized representatives at all reasonable times during Client’s normal hours of operation to audit Client’s Monthly User calculation (such audit may occur at Client’s premises).

Appendix 1 - SMS Services Additional Terms

1. Acceptable Use Policy. Client shall not use, and shall not permit Client’s SMS Users, employees, agents, representatives and third party contractors (collectively, “Client Users”) to use the SMS Services to transmit or disseminate any messages that violate the terms of the Agreement or for any illegal, fraudulent, unauthorized purpose. The foregoing notwithstanding, Client is solely responsible for any and all activities that occur on its SMS Services account, including the actions of Client Users when using the SMS Services. Client agrees to immediately notify 51�Թ������ճԹ� of any unauthorized use of the SMS Services or any other breach of security known to Client and shall cooperate with 51�Թ������ճԹ�, Service Provider and/or the relevant telecommunications carriers in investigations and other actions taken for suspected or known violations of the Agreement, including any incidents of spam by Client or any User.

2. Indemnification.

(a) 51�Թ������ճԹ�’s obligations to defend, indemnify and hold parties harmless in connection with intellectual property rights, as they apply to the SMS Services, exclude any open source components or Client specifications used in performance of or in connection with the SMS Services.

(b) Client will indemnify, defend and hold 51�Թ������ճԹ�, its suppliers, licensors, and any wireless service providers related to the provision of the SMS Services (“51�Թ������ճԹ� Indemnitees”) harmless from and against all third party claims, liabilities, damages, losses, costs and expenses, including attorneys’ fees, expert witness fees and costs, incurred by any 51�Թ������ճԹ� Indemnitee as a result of any illegal acts, fraud, misrepresentation or willful misconduct regarding the use of the SMS Services by any Client User, or any violation of or noncompliance with this Appendix by Client or any Client User.

3. Limitation of Liability. FISERV’S AGGREGATE LIABILITY TO CLIENT AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SMS SERVICES SHALL BE LIMITED TO THE TOTAL FEES PAID BY CLIENT TO FISERV FOR THE SMS SERVICES IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED.

4. Disclaimer of Warranties. NEITHER FISERV, ITS SUPPLIERS, NOR ANY CARRIER WILL BE LIABLE TO CLIENT OR ANY USER FOR ANY MESSAGES DELETED OR NOT DELIVERED, REGARDLESS OF THE REASON FOR DELETION OR NONDELIVERY INCLUDING, WITHOUT LIMITATION, MESSAGE PROCESSING OR TRANSMISSION ERRORS. NEITHER FISERV, ITS SUPPLIERS, NOR ANY CARRIER MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE SMS SERVICES, OR THAT THE SMS SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS OR NOT INFRINGE THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SMS SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, AND FISERV EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SMS SERVICES, INCLUDING WARRANTIES OF SECURITY, QUALITY, RELIABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

5. Price Changes. Client acknowledges and agrees that 51�Թ������ճԹ� reserves the right to change prices for the SMS Services provided hereunder to the extent that price changes are imposed by carriers, Short Code providers/licensors, mobile industry associations and regulatory/governmental authorities (collectively, “Service Impacting 3rd Parties”) or by Service Provider. Such price changes will be announced to Client at least 30 days prior to the effective date of a price change or with as much advance notice as practicable under the circumstances. If such a change represents an increase in any of the prices previously in effect for any of the SMS Services covered by this Appendix, then Client may notify 51�Թ������ճԹ� in writing within 30 days after the effective date of such price change of its desire to terminate the SMS Services as of the date set forth in such notice (which date shall be within 30 days of the effective time of the price change, “Price Change Termination Period”). For the avoidance of doubt, the new prices shall apply during the Price Change Termination Period.

6. Client Data. Client acknowledges that, in connection with Client’s and Client Users’ use of the SMS Services, 51�Թ������ճԹ� may receive domain names, Client User names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data provided by Client Users (collectively “Client User Information”). 51�Թ������ճԹ� shall not use or disclose such Client User Information except as necessary or required, as determined by 51�Թ������ճԹ�, in any of the following instances: (a) as required by law, regulation or third parties (e.g., wireless service providers) involved in providing the SMS Services; (b) to provide and/or invoice Client for the SMS Services; and/or (c) to protect 51�Թ������ճԹ� and Service Provider, its facilities, network, service, customers or third parties.

7. Client Equipment and Software; Third Party Charges. Client shall be solely responsible for the installation, operation, maintenance and compatibility of any equipment and software not provided by 51�Թ������ճԹ� (“Client Equipment”), and 51�Թ������ճԹ� shall have no responsibility or liability with respect to any third party products not provided by 51�Թ������ճԹ�. If the SMS Services are impaired by Client Equipment or software not provided by 51�Թ������ճԹ�, there shall be no reduction in the fees payable to 51�Թ������ճԹ� hereunder and the application of any service level agreement that may be offered by 51�Թ������ճԹ� from time to time (if any) shall be suspended. 51�Թ������ճԹ� is not responsible for any charges, including interconnection, access, termination, pager, wireless, or landline phone charges, the Client, any Client User, or any recipient of a message incurs as a result of the use of the SMS Services. Client shall advise Client Users that senders and recipients of messages using the SMS Services may incur third-party charges (e.g., wireless service provider) for which they will be responsible.

8. Third Party Factors and Span of Control. Client acknowledges that 51�Թ������ճԹ�’s provision of the SMS Services is dependent on the facilities, networks, connectivity, or any acts and/or omissions of third party wireless service providers, governmental entities and other third parties (collectively, the “Third Party Factors”). Client acknowledges that the performance of the SMS Services may be affected by such Third Party Factors and that Third Party Factors are outside 51�Թ������ճԹ�’s control. FISERV WILL HAVE NO LIABILITY FOR ANY REDUCTION, INTERRUPTION, TERMINATION OR SUSPENSION OF THE SMS SERVICES TO THE EXTENT CAUSED BY THIRD PARTY FACTORS OR ANY OTHER FACTOR OUTSIDE OF FISERV’S CONTROL.

9. Termination.

(a) Termination. 51�Թ������ճԹ� may modify, suspend, limit, restrict, and place conditions on the SMS Services, and/or terminate SMS Services, without advance notice under any of the following conditions: (i) if necessary to comply with applicable laws, regulations, or requirements of Service Impacting 3rd Parties related to the SMS Services; (ii) if a law or regulatory action prohibits or significantly impairs or makes impractical the provision of the SMS Services; (iii) if there is use of the SMS Services which 51�Թ������ճԹ� determines, upon the advice of legal counsel, may create a material liability to 51�Թ������ճԹ� or may be fraudulent, illegal, improper or in violation of this Appendix; and/or (iv) if Client ceases to do business as an ongoing business concern or becomes subject to proceedings of bankruptcy, receivership, insolvency, liquidation or assignment for the benefit of creditors. If 51�Թ������ճԹ� modifies, suspends, limits, restricts or places conditions on the SMS Services pursuant to subsection (i), (ii) or (iii) above, and Client determines, in its sole discretion, that such modification, suspension, limitation, restriction or conditions are not acceptable to Client, Client may terminate the Notifi Services upon delivery of a written notice of termination to 51�Թ������ճԹ�.

(b) Effects of Termination. Upon the expiration or termination of SMS Services for any reason: (i) Client shall cease using the SMS Services; (ii) Client is solely responsible for procuring any new or replacement services for the SMS Services; and (iii) Client shall remain obligated for any fees and costs accrued prior to the termination date and any other amounts owed by Client as provided in this Appendix and the Notifi Services Terms and Conditions.

10. Survival. Any payment obligations which accrued prior to the termination or expiration of the Agreement or SMS Services, and Sections 2, 3, 6, 9, and 10 shall survive the expiration or termination of the Agreement or this Appendix.

Appendix 2 – Network Gateway Services

Additional Terms

Notwithstanding anything set forth in the Agreement or the additional terms applicable to the Notifi Services, the following additional terms and conditions shall apply to the Network Gateway Services.

1. Indemnification. Client will indemnify, defend and hold 51�Թ������ճԹ�, its suppliers and licensors related to the provision of the Network Gateway Services (“51�Թ������ճԹ� Indemnitees”) harmless from and against all third party claims, liabilities, damages, losses, costs and expenses, including attorneys’ fees, expert witness fees and costs, incurred by any 51�Թ������ճԹ� Indemnitee as a result of any illegal acts, fraud, misrepresentation or willful misconduct regarding the use of the Network Gateway Services, or any violation of or noncompliance with the Notification Service Agreement(s) by Client.

2. Disclaimer of Warranties. NEITHER FISERV NOR ITS SUPPLIERS WILL BE LIABLE TO CLIENT OR ANY USER FOR ANY NOTIFICATIONS DELETED OR NOT DELIVERED, REGARDLESS OF THE REASON FOR DELETION OR NONDELIVERY INCLUDING, WITHOUT LIMITATION, MESSAGE PROCESSING OR TRANSMISSION ERRORS. NEITHER FISERV NOR ITS SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE NETWORK GATEWAY SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS OR NOT INFRINGE THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NETWORK GATEWAY SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, AND FISERV EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NETWORK GATEWAY SERVICES, INCLUDING WARRANTIES OF QUALITY, RELIABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

3. Third Party Charges. 51�Թ������ճԹ� is not responsible for any charges, including interconnection, access, termination, pager, wireless, or landline phone charges, the Client, any User, or any recipient of a Notification incurs as a result of the use of the Notification Services. Client shall advise its Users that recipients of Notifications using Notification Services may incur third-party charges (e.g., wireless service provider) for which they will be responsible.