ATM Placement Agreement
When we place an ATM at your business, a location agreement sets out who does what: where the ATM goes, who maintains it, how the surcharge works and how long the arrangement lasts. Below is a plain-English guide to the location (placement) agreement form we have published since 2017, with a link to the sample PDF.
Before you read: this is a sample form shown for reference, and this guide is not legal advice. It still carries our former business name. The agreement for your location is prepared with you and confirms the current terms, which can differ from this form. For example, our current placement options include a wireless device, and the surcharge share depends on your location and its expected volume. Have your own advisor review any agreement before you sign.
Check if your location qualifies Download the sample agreement (PDF)
What the sample agreement covers
Equipment and where it goes
The ATM owner installs, operates and maintains its ATM indoors at the business, in a spot both sides agree on, visible from the front entrance and with room for customers and for servicing.
Availability
The ATM stays available to customers during the business’s normal hours. The owner may schedule maintenance downtime of up to 5% of available time each month.
Transaction fee paid to the location
The form has a blank for the amount the owner pays the location for each surcharged cash withdrawal, paid by ACH direct deposit. The owner can change that amount on 30 days’ notice if processing costs or network rules change.
Surcharge
The form sets an initial surcharge per transaction, which the owner may raise or lower.
Installation and training
The owner ships and installs the ATM, trains staff as needed, delivers initial supplies and may put up signage. The ATM remains the owner’s property.
Maintenance and repair
The owner arranges servicing and repairs. The location reports problems within 24 hours and lets no one else work on the machine without the owner’s written approval.
Processing and exclusivity
Transactions run on the processing the owner selects. During the term the location keeps the ATM in place, allows no other ATMs on the premises and uses no other ATM processing unless the owner approves in writing.
Power and connection
The form asks the location for a dedicated power outlet and a phone line or internet connection near the ATM, at the location’s cost unless agreed otherwise in writing.
Insurance and cash
Unless agreed otherwise in writing, the location insures the ATM for its full replacement value with the owner as loss payee, and is responsible for premises security. Unless the owner provides the cash, cash in the machine belongs to the location, which bears its risk of loss.
Moving or selling the business
The location gives the owner 30 days’ notice; the agreement then applies at the new location for the rest of the term.
Term and renewal
Five years from installation, renewing automatically for further five-year terms unless either side cancels in writing at least 90 days before the term ends.
Termination
Either side may end the agreement for a material breach not fixed within 30 days of notice. The owner may also end it on 30 days’ notice for inadequate use, or immediately after damage, vandalism or misuse.
Other terms
The form also covers attorney fees and collection costs, a warranty disclaimer and limit of liability, assignment only with the owner’s consent, waiver, entire agreement, and Georgia law.
Next steps
Want an ATM placed at your business? Tell us about your location: foot traffic, type of business and how much your customers rely on cash. We review it with you and explain the placement options and the agreement before anything is signed. See ATM placement, or call 1-888-474-3125.