systems (e.g. tablets, automobile communication systems, personal computers, smart watches, etc.) or web-
enabled device; activate and collect payment via credit or debit card for parking in accordance with parking
rates specified by the City of Nashua and Service Provider’s service application end user Terms and
Conditions; display payment status of license plate, space or meter number on internet-capable handheld
device such as mobile phone, handheld computer or other wireless device for enforcement; and provide a
secure web-based administration interface for rates control, management and accounting reports.
B. PAYBYPHONE MOBILE PAYMENT APPLICATION PayByPhone agrees to roll out the Service for
use at The City of Nashua’s managed and owned parking facilities as agreed upon by PayByPhone and The
City of Nashua to allow for consumers to pay for the use of The City of Nashua’s parking facilities through
personal wireless devices (e.g., cellular telephones) or other wireless systems (e.g. tablets, automobile
communication systems, personal computers, smart watches, etc.).
C. PAYBYPHONE MANAGEMENT SYSTEM PayByPhone will operate and manage a software
application for The City of Nashua that will provide near real time information and management reports on
the transactions conducted utilizing the PayByPhone Parking Payment Application (the “Management
System”). PayByPhone will host the Management System on its network. The City of Nashua will access
the PayByPhone Management System through a browser-based program installed on The City of Nashua’s
computer hardware.
D. COMPUTER, NETWORKING AND TELECOMMUNICATION SYSTEMS PayByPhone will own or
possess, and will operate and maintain, all computer and networking hardware and software and data
required to operate the Service as contemplated in this Agreement, other than The City of Nashua’s existing
computer and telecommunications systems.
E. MOBILE PAYMENT SERVICE ENFORCEMENT The City of Nashua agrees to supply wireless devices
to employees in the field to provide near real time confirmation of validly parked vehicles.
F. REPORTS PayByPhone will provide The City of Nashua with a set of standard reports in the self-
serve PayByPhone BackOffice. The PayByPhone BackOffice is a part of the PayByPhone Management
System. Any changes or customizations requested by the City of Nashua to the standard set of reports will
be subject to then-current PayByPhone Professional Services fees. See “Exhibit C: At Will Professional
Services Rate Table & Definitions” for agreed upon service rates.
3. PRICING AND PAYMENT The City of Nashua agrees to pay the fees for at will services, as
outlined in Exhibit C. All amounts payable hereunder are exclusive of any and all taxes, including taxes
applicable on fees paid by the consumer, and The City of Nashua is responsible for payment of any taxes
on payments made by the City of Nashua. All prices are stated, and The City of Nashua shall pay, in US
dollars. Payment is due within 30 days of invoicing.
A. MERCHANT ACCOUNT PayByPhone and The City of Nashua agree that PayByPhone will
serve as the merchant of record for parking fees paid using the PayByPhone Parking Payment Application.
PayByPhone will collect The City of Nashua’s parking revenues and the Transaction Fee as outlined in
Exhibit B from parkers using PayByPhone mobile payment service only. Parking rates, hours and other
parking restrictions shall be set by the City of Nashua through the PayByPhone BackOffice. PayByPhone
will retain the Transaction Fee which is comprised of a convenience fee paid to PayByPhone for their
services and a payment processing cost associated with acting as the Merchant of Record. PayByPhone
shall remit net parking revenue to The City of Nashua via check. Checks shall be mailed out to the City of
Nashua by the last business day of the following week. The “Transaction Fee” is charged per parking
session or parking session extension.
PayByPhone shall provide the City of Nashua with PayByPhone’s standard monthly statements showing
PayByPhone parking sessions, and associated Transaction Fees broken down into payment processing cost,
AG 2 of 4
