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 Startrust USA d/b/a Startrust USA (“ATM Deployer”, “Startrust 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 bolted to the floor for security based on the approval of the Location.
3. Title of Equipment
All Equipment installed at the Location is and shall remain the sole and exclusive property of the Deployer. Location acknowledges the same. Title shall at all times remain with the ATM Deployer. Location will execute any and all additional documentation as reasonably requested to confirm or further evidence such title.
4. Access to Equipment and Electric Service
Location shall provide access to the Equipment during normal business hours or as otherwise agreed upon. Location shall supply all electric service at its sole expense. Deployer shall have access for installation, service, repair, and maintenance at times agreed upon by both parties.
5. Miscellaneous
a. The ATM Deployer agrees to ensure no charges or fees are incurred to the Location in relation to the operation of the ATM. All services are provided at no charge.
b. Deployer shall provide and deliver all required services, in denominations and total amounts as determined at its sole discretion. In case of burglary/theft, Deployer is responsible for ATM losses/damages.
c. While this Agreement is in effect, other ATM companies are strictly prohibited from providing any ATM services at the Location.
d. This Agreement shall be binding upon the parties, their heirs, executors, administrators, successors, and assigns.
e. If any provision is found to be invalid or unenforceable, it shall not affect the validity of the remaining provisions.
6. First Right of Refusal
Location grants the Deployer first right of refusal to place ATMs at additional locations owned or operated by the Location. These locations shall not be offered to any other provider without the Deployer’s prior written consent.
7. Term
This Agreement is for a fixed term of five (5) years starting on the day of install. The Deployer may terminate the Agreement with 30 days’ written notice if the Location fails to meet expectations or breaches provisions. The Location may not terminate the Agreement without prior written consent from the Deployer.
8. Responsibility
Deployer shall be responsible for supplying all services required for the ATM. In the event of theft or damage, Deployer is responsible for all losses.
9. Cancellation and Deployment Terms
By submitting the signed Free ATM Placement Form, the Location expressly authorizes Startrust USA to immediately begin deployment and installation preparation, including but not limited to: initiating processing setup, coordinating installation technicians, assigning equipment, and scheduling installation.
The Location acknowledges and agrees that this authorization constitutes a binding commitment to proceed with installation.
Once these services have been initiated by Startrust USA, the Location may not cancel, delay, or decline installation without incurring a cancellation fee.
If the Location cancels, declines installation, fails to proceed, or installs or allows another ATM provider at the Location after execution of this Agreement, a non-refundable cancellation fee of $650 will be immediately due and payable.
The Location further agrees that:
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No additional confirmation beyond the signed agreement is required for Startrust USA to proceed with deployment
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Installation scheduling and timing shall be determined at the sole discretion of Startrust USA based on operational availability
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Delays in scheduling do not constitute grounds for cancellation or termination of this Agreement
This fee represents a reasonable estimate of the administrative, logistical, and operational costs incurred by Startrust USA and is not a penalty.
Failure to pay this fee may result in enforcement actions, including recovery through legal channels.
If the Location cancels or declines installation after these services have been initiated — including failure to respond after confirmation of install date — a non-refundable cancellation fee of $650 will apply. This fee covers the administrative and operational costs incurred by Startrust USA in the execution of the agreement.
10. Surcharge and Payout Control
The Location acknowledges and agrees that all surcharge amounts and payout structures presented on the Free ATM Placement Form are for selection purposes only. While the Location may indicate its preferred surcharge and payout option, the ATM Deployer retains full discretion and authority to determine the final surcharge amount and payout structure applied to the ATM during the term of this Agreement. The Location’s payout will be honored in accordance with the option selected on the Placement Form, unless otherwise modified in writing by the Deployer, but the ultimate surcharge and operational settings shall remain under exclusive control of the ATM operator.
11. Payment selection and Operational Consistency
If the Location selected “No” in response to the question on the Free ATM Placement Form regarding whether it will accept credit or debit card payments after ATM installation, the following shall apply:
The Location acknowledges that such selection constitutes a material representation relied upon by the ATM Deployer in proceeding with this Agreement, including equipment allocation, placement approval, and projected transaction expectations.
Accordingly, during the term of this Agreement, the Location shall not introduce, resume, or promote the acceptance of credit or debit card payments without the prior written consent of the ATM Deployer.
Any deviation from this representation, including the introduction of card payment processing without such consent, shall constitute a material breach of this Agreement and may result in immediate termination and/or enforcement actions at the sole discretion of the ATM Deployer.
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