For Atwell Suites, who provides Non-Bank Services?

According to Atwell Suites' 2025 Franchise Disclosure Document, Non-Bank Services are provided to the franchisee by the Processor, not the Bank. The Bank bears no responsibility or liability for these Non-Bank Services. The agreement regarding Discover Card transactions, American Express Card transactions, and other Non-Bank Services is solely between the franchisee and the Processor. These services are subject to all terms and provisions outlined in the Terms and Conditions. In cases where terms specific to a Non-Bank Service directly conflict with another provision of the Agreement, the terms specific to the Non-Bank Service will take precedence.

For Atwell Suites franchisees, this means they will be dealing directly with the Processor for services related to Discover and American Express card transactions, among others. It is crucial for franchisees to understand the terms and conditions set forth by the Processor for these Non-Bank Services, as they differ from the services provided by the Bank. Franchisees should pay close attention to any potential conflicts between the general agreement and the specific terms for Non-Bank Services, ensuring they adhere to the controlling terms for each type of transaction.

Furthermore, the FDD defines 'Processor' as FDS Holdings, Inc. or its successors and assigns. Except for services provided by Servicers, the terms 'we,' 'us,' and 'our' refer to the Processor. This distinction is important for Atwell Suites franchisees to understand when reviewing their agreements and understanding who to contact for specific services or issues. The franchisee should be aware of the fees associated with Conveyed Transactions and other Non-Bank Services, as detailed in their Application, MPA Addendum, Fee Schedule, and other Schedules, or as otherwise disclosed.