In the context of the Atwell Suites Addendum to Merchant Processing Application and Agreement for New Properties, what entities are referred to as 'Servicers'?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Servicers: For Visa and Mastercard transactions and Debit Card transactions, Bank and Processor collectively, in which case, subject to Applicable Law and Card Organization Rules, Bank and Processor shall be jointly, but not also severally, liable to Client. The words "we," "us" and "our" refer to Servicers for Services provided by Servicers; otherwise, those words refer to Processor.
Servicers Fees. Fees that Servicers impose, establish, or set, including Authorization Fees, Transaction Fees, Equipmentrelated fees, shipping and handling charges (if applicable), and any other amounts that Servicers impose, establish, or set.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, in the context of Visa and Mastercard transactions and Debit Card transactions, the term "Servicers" collectively refers to Bank of America, N.A. ("Bank") and FDS Holdings, Inc. ("Processor").
For an Atwell Suites franchisee, this means that both the Bank and the Processor are jointly (but not individually) liable to the franchisee, subject to applicable laws and Card Organization Rules. The FDD specifies that the words "we," "us," and "our" refer to Servicers for services they provide. Otherwise, these words refer to the Processor.
This distinction is important because it clarifies which entity is responsible for different aspects of the services provided under the Merchant Processing Application and Agreement. It also defines "Servicers Fees" as fees that Servicers impose, establish, or set, including Authorization Fees, Transaction Fees, and equipment-related fees. The franchisee's Settlement Account can be debited or credited by the Processor or Bank for card transactions, Servicers Fees, and other amounts due under the agreement.
It is also important to note that Servicers may debit the franchisee's bank account for amounts owed under the agreement and for chargebacks. If an Atwell Suites franchisee disputes any charge or funding, they must notify the Servicers within 90 days of the date of the statement where the charge or funding appears.