Merchant Responsibilities Clause Samples
The Merchant Responsibilities clause defines the obligations and duties that the merchant must fulfill under the agreement. Typically, this includes requirements such as providing accurate product information, ensuring timely delivery of goods or services, maintaining compliance with applicable laws, and handling customer service issues. By clearly outlining these expectations, the clause helps prevent misunderstandings and disputes, ensuring both parties are aware of the merchant's role and responsibilities in the business relationship.
Merchant Responsibilities. 6.1 You:
(a) acknowledge that:
(i) you have made and will continue to make your own assessment of the suitability, adequacy, compatibility and appropriateness of Online EFTPOS for its purposes; and
(ii) you have not relied on any statements or representations on the part of Paymark as to the performance, functionality or suitability of Online EFTPOS for your requirements, verbal or otherwise, except as expressly recorded in this Agreement;
(b) will display, in a position that is readily visible to Customers, a privacy statement that complies with the requirements of the Privacy Act;
(c) will comply with the Security Standards and with Paymark's restrictions and instructions in relation to the use of Online EFTPOS, including those set out in this Agreement and instructions in respect of any breach of the Security Standards;
(d) will ensure that only authorised persons use Online EFTPOS and that Online EFTPOS is used only for the Online EFTPOS Permitted Use and as expressly authorised under this Agreement;
(e) will accept all responsibility for reliance on and use of Online EFTPOS by you and your employees, contractors, agents and third-party integrators;
(f) will obtain and maintain all equipment, software and services needed to enable you to receive and use Online EFTPOS;
(g) acknowledge that if you operate an online business you will operate a website, and (i) integrate or (ii) either procure or ensure the integration of, the Online EFTPOS API into that website and comply with the latest Online EFTPOS API Specification;
(h) will deliver, perform or otherwise provide to the Customer the products, goods and/or services purchased by a Customer using Online EFTPOS;
(i) will immediately notify Paymark upon becoming aware of any breach by you or any third party of the Security Standards;
(j) you are responsible for all changes and costs associated with accessing Online EFTPOS, including (i) integrating or (ii) either procuring or ensuring the integration with the Online EFTPOS API;
(k) are responsible for any Customer information retained on your system and any legal or financial consequences of unauthorised use or disclosure of this information;
(l) will take all reasonable care to prevent wrongful use of a Customer Account for an Authorised Payment originating at the Merchant;
(m) accept as your sole responsibility the obligation to determine the final status of each Online EFTPOS Transaction and to reconcile that status with amounts settled to the Merchant A...
Merchant Responsibilities. Merchant shall be responsible for: (i) selecting the quantity, form and content of GCs; (ii) the handling, storage and distribution of GCs in a secure manner; (iii) all fraudulent or unauthorized transactions relating to GCs, including unauthorized activation or duplication of GCs, reloading of GCs with additional value, and employee misconduct; (iv) all fraud losses and expenses relating to GCs; (v) deactivating or removing all value from compromised GC; (vi) notifying PPD of any known or suspected risk exposures relating to GCs; (vii) the proper functioning of card terminals, systems or any software or hardware required for use of GCs; and (viii) determining the contractual arrangement between Merchant and GC end-user/customer.
Merchant Responsibilities. (a) Merchant is solely liable for any losses to Merchant, IOTPAY or any Platform Administrator which results from fraud or other misuse of an Accepted Payment Platform by Merchant’s Personnel.
(b) Merchant will be solely responsible for all issues relating to the goods and services sold to Consumers using an Accepted Payment Service and addressing any customer service issues with respect to goods and services sold by Merchant.
(c) Merchant will provide any assistance requested by IOTPAY in connection with any systems integration work required in respect of Merchant’s acceptance of Online Transactions and Offline Transactions.
Merchant Responsibilities. 9.1 To enable and support Armagh POS Solutions in performance of the Services the Merchant shall, without limitation:
(a) Perform those tasks assigned to the Merchant in accordance with the provisions of the Schedule and this Agreement, including but not limited to:
i. The supply of:
1. A stable internet connection with sufficient bandwidth to accommodate the Services;
2. Adequate electrical service to the point of installation of all Technology;
3. Data cables to the point of installation of all Technology, and/or stable and secure wireless internet for all Technology;
4. All Technology not otherwise purchased or leased from Armagh POS Solutions;
ii. Comply with the terms of all software and service licenses entered into by the Merchant in support of the Technology and/or Services;
iii. Where the Services include the processing of gift cards, the Merchant shall maintain accurate record of all gift cards issued, including any balances thereon. Under no circumstances shall Armagh POS Solutions be responsible for any claim or damage arising from the use, misuse, abuse, or processing of gift cards.
(b) Comply with all statutory, regulatory, and industry-imposed obligations of electronic payment processors, including but not limited to:
i. the requirements of the relevant Payment Card Industry Data Security Standard (“PCI DSS”) Client Level based on the Client’s transaction volume, and any additional obligations and/or recommendations under the PCI DSS; and
ii. all applicable privacy laws.
(c) Grant Armagh POS Solutions access to the Technology necessary for the Service Provider to perform the Services;
(d) Perform all other tasks required or recommended by Armagh POS Solutions to prevent or mitigate any loss or damage to Merchant Data or other information arising out of performance of the Services by Armagh POS Solutions and/or the operation of the Merchant’s systems, including but not limited to:
i. Using virtual private networks (“VPNs”) where the Technology and/or Services will be provided to multiple locations;
ii. Replacing all default and manufacturer-supplied passwords with unique and secure passwords, and changing all passwords not less than twice per calendar year;
iii. The use and ongoing maintenance of anti-virus software, anti-malware software, and firewalls (hardware and/or software-based);
iv. The installation of all recommended, critical and/or required software patches, operating system updates, etc. within 30 days of their availability;
v. Ma...
Merchant Responsibilities. Merchant, in good faith and at its own expense, shall: (a) at all times accurately market, advertise, promote and represent the terms and conditions of the Program and all components therein, or such other financial products or programs made available to Merchant and Customers by PayTomorrow during the Term of this Agreement; (b) conduct business in a manner that reflects favorably at all times on the good name, goodwill, and reputation of PayTomorrow; (c) observe all reasonable directions and instructions given to it by PayTomorrow in relation to the marketing, advertisement, and promotion of the Program; (d) promptly notify PayTomorrow of any complaint or adverse claim about any Product or its use of which Merchant becomes aware; (e) not make any misleading or untrue statements concerning PayTomorrow or the Program and all components therein, or such other financial products or programs made available to Merchant and Customers by PayTomorrow during the Term of this Agreement; and (f) at all times comply with all federal, state and local laws, ordinances, regulations and orders that are applicable to the operation of its business, and this Agreement and its performance hereunder. To the extent the Products sold by Merchant have been refurbished prior to such sale, Merchant shall, prior to PayTomorrow’s purchasing of such refurbished Products and Customers lease of Products purchased by PayTomorrow, make PayTomorrow and the Customer aware that such Products have been refurbished. Merchant further agrees to warrant all USED OR REFURBISHED Products to be free from defects in materials and workmanship for eithertheperiod of one (1) year from the date of purchase by PayTomorrow, or the date on which PayTomorrow no longer holds title to the Product, whichever occurs first (“Used or Refurbished Warranty Period”). Parts repaired or replaced under the terms of this warranty will be warranted for the remainder of the original Used or Refurbished Warranty Period only. To claim under this warranty, Customer must notify Merchant within thirty (30) days after the date of discovery of any claimed defect and make the affected Product available for inspection by Merchant. In the event any Products are deemed by Merchant to be defective or non-conforming Merchant agrees to either repair or replace the Product, or to provide a refund of the purchase price paid by PayTomorrow. In the event Merchant provides a refund (in whole or in part) of the Purchase Price, the refund amo...
Merchant Responsibilities. Merchant agrees that:
(a) If Servicers are to provide EBT, credit and/or debit Services, Merchant shall accept payment forgoods by means of credit, debit and/or EBT cards associated with the Network(s) selected on the Merchant Application in the manner and in accordance with the terms set forth in the ▇▇▇▇▇ Fargo, N.A. Merchant Handbook ("Merchant Handbook"), a copy of which has been provided to Merchant and whose terms and conditions are incorporated by reference herein;
(b) Merchant shall not establish minimum or maximum Transaction amounts as a condition to honoring the Card, shall not impose any surcharge on Transactions unless permitted by a particular Network, shall not make cash advances, and shall not collect any tax or other amounts due separately in cash;
(c) Merchant must receive authorization of each Transaction from Servicers using a POS Terminal. Merchant understands and agrees that obtaining authorization does not constitute a guaranty of payment and does not release Merchant of liability for chargebacks. The Cardholder mustpresent the Card and the Card must be swiped through the POS Terminal to entitle Merchant to receive payment under this Agreement. Merchant will be provided with sales drafts ("Sales Drafts") to record Transactions. The Merchant must date each Sales Draft, include a brief description of the merchandise and/or services sold and specify the price thereof (including any applicable taxes). The Merchant must compare the signature on the Sales Draft with the signature appearing on the Card. The Merchant agrees to emboss (imprint) the Sales Draft with the information on the Card. A Sales Draft generated by an electronic printer as the Card is swiped through a POS Terminal connected to the printer will be accepted as an embossed or imprinted Sales Draft. Merchant must obtain the Cardholder's signature on the Sales Draft whether it is embossed or electronically printed. If the Card information cannot be read by the POS Terminal and must be manually entered, the Sales Draft must be embossed manually. The merchant agrees to disclose the return policy on the embossed or electronic receipt;
(d) Merchant shall participate with Servicers in training sufficient Merchant trainees to provide said customer service. Provided, however, that Merchant shall be responsible for training Merchant personnel in the use of the POS Terminal and with respect to EBT transactions;
(e) Merchant will provide and pay for such access to electrical power and ...
Merchant Responsibilities. 4.1. Except to the extent caused by the Company’s breach of this Agreement, you and/or any persons authorized by you are responsible for all activities that occur in the Platform, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (Including your contractors, agents or other end users permitted by you), and the Company shall not be responsible for unauthorized access to the Platform.
4.2. Log-in credentials to the Platform and any OTPs (‘One Time Passwords’) generated by the Company or auto generated by you through the use of this Platform as the case maybe pertaining to accessing the Services, are for your internal use only and you will not share, sell, transfer or sublicense them to any other entity or person.
4.3. You shall not swipe any payment cards in data capturing devices other than the Point of Sale (POS) terminals provided by the Company.
4.4. You shall not charge any amount from customers to recover your fees (i.e. the Merchant Discount Rates) for card transactions.
4.5. Acceptance of the Platform You shall;
4.5.1. promptly honor any payment request for a Transaction by a customer via the Platform;
4.5.2. offer goods and/or services to customers who wish to make payments via the Platform on terms not less favorable than those offered to customers paying you through other means including cash;
4.5.3. not directly or indirectly indicate that the customer requires a minimum value to carry out transactions via the Platform.
4.5.4. not accept any cash payment from a customer with respect to goods and/or services paid for via the Platform.
4.6. You shall permit the Company or its authorized agents to visit and examine the books of accounts and any other records connected with the Platform and/or the Transactions with prior notice and you shall co-operate with the Company to the best of its ability to facilitate this process.
4.7. You shall prominently display in the place or places of business nominated, the Platform details, insignia and other material provided by the Company for the purposes of display and shall notify the public that payments for transactions can be made through the Platform. You hereby irrevocably authorize the Company to include your trade name and logos, in any advertising or promotional material in connection with the Platform.
4.8. You or any individual/s authorized by you to access the Platform and its Services (Hereinafter referred to as the ‘User’);
4.8.1. Any an...
Merchant Responsibilities. Protection Plans do not replace the manufacturer’s warranty. For Protection Plans underwritten by Insurers, the manufacturer’s warranty is expected to be a minimum of one year. You acknowledge and agree that you are responsible for addressing any consumer complaints with regard to product failure during the manufacturer’s warranty period. You are responsible for maintaining the details of the manufacturer’s authorized service centre/ repair centre for the Products sold by you. You are responsible for documenting at the point of purchase or point of fulfilment all necessary information required by the Insurer such as customer name, customer email, product and model name, product price, product serial number, etc.
Merchant Responsibilities. 3.1 Cards
Merchant Responsibilities. The terminal(s) remain the property of ▇▇▇▇▇▇▇ Bank, but the responsibility for the terminal and any stocks held therein shall remain with the customer. The Merchant shall be liable for the full repair or replacement costs of a terminal that is damaged, lost or misplaced whilst in the Merchant`s custody. A schedule of costs is available from ▇▇▇▇▇▇▇ Bank upon request. It is the Merchant’s responsibility to ensure adequate security of the terminal. The customer may call for hardware support by dialling technical helpline numbers: 0772 125 500/600 or sending the email to ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇.