Common use of Operating Rules Clause in Contracts

Operating Rules. Merchant, including all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, must comply with the Operating Rules, as the same may be amended from time to time. Merchant expressly represents and warrants that it, and all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will comply with the Operating Rules, as they may be amended from time to time, in connection with any and all actions taken in connection with this Agreement, submitting Card Transactions, and otherwise in Merchant’s business activities. The Operating Rules may change with little or no advance notice to Merchant, and Merchant, as well as all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will be bound by all such changes. Merchant is solely responsible for reviewing and complying with all Operating Rules and any changes that may be made to the Operating Rules from time to time, and may not rely upon Bank to notify Merchant of any changes in the Operating Rules. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Charges for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Agreement and the Operating Rules. However, nothing in this Agreement shall be construed to impose on Merchant a requirement (including a requirement under the Operating Rules) the imposition of which on Merchant is prohibited by mandatory provisions of applicable law (i.e., where the applicability of such provisions of law to this Agreement, and of the law’s prohibition to the particular requirement which otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by agreement), but the requirement hereunder shall be construed to continue in effect and to be imposed on Merchant in all respects and at all times to the fullest extent possible without violating the law’s prohibition, with only those particular applications of the requirement which would violate the law’s prohibition deemed severed from the provisions hereof. Operating Rules of the Debit Networks may differ among them with respect to the transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On‐line Debit Card Transactions, regardless of Card-type. Merchant further acknowledges and agrees that it is responsible for the actions or omissions of all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, relating to compliance with the Operating Rules and Operating Rules of the Debit Networks. If Merchant selects, and Bank provides Card Program services for, any one or more of American Express, Diners Club/Xxxxx Xxxxxxx or JCB as payment options and Merchant’s selection is approved by Bank, Merchant understands that Merchant’s acceptance of any of those payment options may require execution of a separate merchant card acceptance agreement with those individual Card Issuers, as applicable, and that agreement will govern the completion, processing, settlement, and other procedures relating to transactions with those Card Issuers. If Merchant experiences problems with transmission or delivery of those Card Issuers’ transactions, Merchant will be obligated to contact the appropriate service provider(s) for service.

Appears in 2 contracts

Samples: Merchant Card Processing Agreement, Merchant Processing Agreement

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Operating Rules. Merchant, including all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, must comply with the Operating Rules, as the same may be amended from time to time. Merchant expressly represents and warrants that it, and all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will comply with the Operating Rules, as they may be amended from time to time, in connection with any and all actions taken in connection with this Agreement, submitting Card Transactions, and otherwise in Merchant’s business activities. The Operating Rules may change with little or no advance notice to Merchant, and Merchant, as well as all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will be bound by all such changes. Merchant is solely responsible for reviewing and complying with all Operating Rules and any changes that may be made to the Operating Rules from time to time, and may not rely upon Bank to notify Merchant of any changes in the Operating Rules. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Charges for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Agreement and the Operating Rules. However, nothing in this Agreement shall be construed to impose on Merchant a requirement (including a requirement under the Operating Rules) the imposition of which on Merchant is prohibited by mandatory provisions of applicable law (i.e., where the applicability of such provisions of law to this Agreement, and of the law’s 's prohibition to the particular requirement which otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by agreement), but the requirement hereunder shall be construed to continue in effect and to be imposed on Merchant in all respects and at all times to the fullest extent possible without violating the law’s 's prohibition, with only those particular applications of the requirement which would violate the law’s 's prohibition deemed severed from the provisions hereof. Operating Rules of the Debit Networks may differ among them with respect to the transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On‐line Debit Card Transactions, regardless of Card-type. Merchant further acknowledges and agrees that it is responsible for the actions or omissions of all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, relating to compliance with the withthe Operating Rules and Operating Rules of the Debit Networks. If Merchant selects, and Bank provides Card Program services for, any one or more of American Express, Diners Club/Xxxxx Xxxxxxx or JCB as payment options and Merchant’s selection is approved by Bank, Merchant understands that Merchant’s acceptance of any of those payment options may require execution of a separate merchant card acceptance agreement with those individual Card Issuers, as applicable, and that agreement will govern the completion, processing, settlement, and other procedures relating to transactions with those Card Issuers. If Merchant experiences problems with transmission or delivery of those Card Issuers’ transactions, Merchant will be obligated to contact the appropriate service provider(s) for service.

Appears in 2 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement

Operating Rules. Merchant, including all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, must comply with the Operating Rules, as the same may be amended from time to time. Merchant expressly represents and warrants that it, and all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will comply with the Operating Rules, as they may be amended from time to time, in connection with any and all actions taken in connection with this Agreement, submitting Card Transactions, and otherwise in Merchant’s business activities. The Operating Rules may change with little or no advance notice to Merchant, and Merchant, as well as all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will be bound by all such changes. Merchant is solely responsible for reviewing and complying with all Operating Rules and any changes that may be made to the Operating Rules from time to time, and may not rely upon Bank to notify Merchant of any changes in the Operating Rules. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Charges for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Agreement and the Operating Rules. However, nothing in this Agreement shall be construed to impose on Merchant a requirement (including a requirement under the Operating Rules) the imposition of which on Merchant is prohibited by mandatory provisions of applicable law (i.e., where the applicability of such provisions of law to this Agreement, and of the law’s prohibition to the particular requirement which otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by agreement), but the requirement hereunder shall be construed to continue in effect and to be imposed on Merchant in all respects and at all times to the fullest extent possible without violating the law’s prohibition, with only those particular applications of the requirement which would violate the law’s prohibition deemed severed from the provisions hereof. Operating Rules of the Debit Networks may differ among them with respect to the transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On‐line Debit Card Transactions, regardless of Card-type. Merchant further acknowledges and agrees that it is responsible for the actions or omissions of all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, relating to compliance with the Operating Rules and Operating Rules of the Debit Networks. If Merchant selects, and Bank provides Card Program services for, any one or more of American Express, Diners Club/Club/ Xxxxx Xxxxxxx or JCB as payment options and Merchant’s selection is approved by Bank, Merchant understands that Merchant’s acceptance of any of those payment options may require execution of a separate merchant card acceptance agreement with those individual Card Issuers, as applicable, and that agreement will govern the completion, processing, settlement, and other procedures relating to transactions with those Card Issuers. If Merchant experiences problems with transmission or delivery of those Card Issuers’ transactions, Merchant will be obligated to contact the appropriate service provider(s) for service.

Appears in 2 contracts

Samples: Processing Agreement, Merchant Processing Agreement

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Operating Rules. Merchant, including all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, must comply with the Operating Rules, as the same may be amended from time to time. Merchant expressly represents and warrants that it, and all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will comply with the Operating Rules, as they may be amended from time to time, in connection with any and all actions taken in connection with this Agreement, submitting Card Transactions, and otherwise in Merchant’s business activities. The Operating Rules may change with little or no advance notice to Merchant, and Merchant, as well as all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, will be bound by all such changes. Merchant Xxxxxxxx is solely responsible for reviewing and complying with all Operating Rules and any changes that may be made to the Operating Rules from time to time, and may not rely upon Bank to notify Merchant of any changes in the Operating Rules. If Merchant objects to any change in the Operating Rules, it must immediately stop accepting new Charges for Cards governed by the change. The Operating Rules will govern in the event that there is any inconsistency between this Agreement and the Operating Rules. However, nothing in this Agreement shall be construed to impose on Merchant a requirement (including a requirement under the Operating Rules) the imposition of which on Merchant is prohibited by mandatory provisions of applicable law (i.e., where the applicability of such provisions of law to this Agreement, and of the law’s 's prohibition to the particular requirement which otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by agreement), but the requirement hereunder shall be construed to continue in effect and to be imposed on Merchant in all respects and at all times to the fullest extent possible without violating the law’s 's prohibition, with only those particular applications of the requirement which would violate the law’s 's prohibition deemed severed from the provisions hereof. Operating Rules of the Debit Networks may differ among them with respect to the transactions they allow. Bank, at its discretion, may require that the most restrictive requirements of one Debit Network apply to all of Merchant’s On‐line Debit Card Transactions, regardless of Card-type. Merchant Xxxxxxxx further acknowledges and agrees that it is responsible for the actions or omissions of all of its employees, agents, Merchant Affiliates, Merchant Servicers, and representatives, relating to compliance with the withthe Operating Rules and Operating Rules of the Debit Networks. If Merchant selects, and Bank provides Card Program services for, any one or more of American Express, Diners Club/Xxxxx Xxxxxxx or JCB as payment options and Merchant’s selection is approved by Bank, Merchant understands that Merchant’s acceptance of any of those payment options may require execution of a separate merchant card acceptance agreement with those individual Card Issuers, as applicable, and that agreement will govern the completion, processing, settlement, and other procedures relating to transactions with those Card Issuers. If Merchant experiences problems with transmission or delivery of those Card Issuers’ transactions, Merchant will be obligated to contact the appropriate service provider(s) for service.

Appears in 1 contract

Samples: Merchant Processing Agreement

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