Common use of REMOTE TRANSACTIONS Clause in Contracts

REMOTE TRANSACTIONS. 3.1 You will not accept Remote Transactions without our prior written approval. If we approve the acceptance of Internet Transactions, the approval will only apply to a specific website and Internet service provider. Accepting Internet Transactions through any new website or new Internet service provider requires our prior written approval. You hereby authorize us and will obtain the authorization of your Internet service provider for us to conduct security assessment scans of the website(s) and server(s) over the Internet. If you would like to be provided with some information regarding fraud related tools that may help to minimize the risks of Remote Transactions, Bambora can provide you with such information. 3.2 You acknowledge and agree that Remote Transactions carry a greater risk of repudiation by Cardholders, and refusals and Chargebacks by us, because the Transaction is not conducted in an environment where you and a Cardholder are both present in person. In particular, Remote Transactions do not allow for the following: (a) inspection of goods or services by Cardholders; (b) inspection by you of Cards including account numbers, names, expiry dates and signatures; (c) signing of transaction records or imprinted sales drafts by Cardholders; and (d) comparison of signatures on transaction records or sales drafts with signatures on Cards. 3.3 For each Remote Transaction, you will obtain the expiry date of the Card, if applicable, and provide the expiry date to us when you request Authorization of the Transaction from us. 3.4 We may refuse to credit, or may Chargeback, Remote Transactions that the Cardholder has disputed with respect to authorization, authenticity or validity. 3.5 You will not accept Cards for the provision of, and you will not display on or be hyperlinked to a website that sells or displays, any of the following goods or services or any other type of business that we deem unacceptable: escort and dating services, adult telephone call services, collection agency services, cheque cashing services, adult entertainment including pornography, massage parlour services, time share sales, gambling, extended car warranties except major car dealerships, weight loss vitamins and pills, cult material, pre-paid telephone cards, bail, credit reporting, resume preparing services, pyramid sales, and satellite television sales except for satellite television sales that are legal in Canada. You will not accept Cards for the provision of website hosting services. 3.6 We will not be liable for any claims, losses, costs, damages and expenses resulting from the operation of or the security of the Electronic Commerce Facilities. 3.7 You will be responsible to ensure that the Electronic Commerce Facilities operate securely in accordance with a Payment Card Network-approved method so as to protect Cardholders from the unauthorized disclosure of information with respect to Cards. You will ensure that the Electronic Commerce Facilities comply with the operating and security standards as set by us and Payment Card Networks from time to time. We may require from time to time that the Electronic Commerce Facilities be assessed, at your expense, by us, by a Payment Card Network and/or by another third party chosen by us in order to verify compliance with the operating and security standards. You will fully co-operate with any such assessment and be responsible for all costs associated with implementing or maintaining compliance of the Electronic Commerce Facilities with the operating and security standards. 3.8 If at any time the operating or security standards of the Electronic Commerce Facilities do not comply with our standards, you will, at our direction, immediately suspend offering payment by Card for the sale of goods and services over the Internet until such time as we permit re- activation. 3.9 Any website(s) from which you accept Internet Transactions will contain at a minimum the following: (a) your legal name and the name under which you are carrying on business, displayed as prominently as any other information depicted on the website, other than images of the products or services being offered for sale; (b) customer service contact information including business address, mailing address, telephone number, fax number and electronic mail address; (c) the jurisdiction in which you are officially registered and located; (d) a complete, fair and accurate description of goods and services being offered, including any relevant technical or system specifications; (e) delivery policy, including method of delivery; (f) any geographic limitations for the sale of goods and services and any export restrictions if applicable; (g) return, exchange and refund policies; (h) country and transaction currency, for example, by indicating that prices are payable in Canadian dollars; (i) consumer data privacy policies; (j) security capabilities and policy for transmission of Credit Card details; (k) the Card Brand ▇▇▇▇, in full colour, to indicate Card acceptance in accordance with the Brand ▇▇▇▇ standards established by the relevant Payment Card Network available on the website of such association; (l) complaint handling procedures; (m) details of any applicable warranties or guarantees; (n) the total consideration payable for the goods and services; (o) an updated and accurate itemized list of the price of goods and services to be sold to the Cardholder as well as any shipping, delivery or handling charges, taxes, custom duties, broker fees or insurance costs; (p) the terms, conditions and method of payment; (q) the date when the goods will be delivered or the services are to be commenced; (r) for Recurring Transactions, a simple and easily accessible online cancellation procedure; and (s) any other information or disclosure that we require or that is required by law from time to time in any jurisdiction in which you offer goods or services. 3.10 For Internet Transactions, you will provide the Cardholder with a Transaction receipt, which will contain at a minimum the following: (a) your legal name and the name under which you are carrying on business; (b) your website address; (c) the amount of the Transaction; (d) the currency of the Transaction; (e) the date of the Transaction; (f) a unique Transaction identification number; (g) the name of the Cardholder; (h) the Authorization Number; (i) Transaction type (purchase or credit); (j) a description of the goods or services; (k) return and refund policies if there is any restriction on returns or refunds; (l) customer service contact information including telephone number and telephone country code and area code accessible from all local and international locations where you deliver goods or services; (m) terms and conditions of sale if there are any restrictions on terms and conditions of sale; (n) if there is a free trial period, the exact date the free trial period ends; (o) cancellation policies; (p) for a Recurring Transaction, the frequency and duration of the Recurring Transaction; and (q) any other information or disclosure that we require or that is required by law from time to time in any jurisdiction in which you offer goods or services. 3.11 It is your sole responsibility to ensure that your website and Transaction receipts comply with the laws applicable to your jurisdiction. 3.12 You will not return the number of the Card to the Cardholder either online or on the Transaction receipt.

REMOTE TRANSACTIONS. 3.1 You will not accept Remote Transactions without our prior written approval. If we approve the acceptance of Internet Transactions, the approval will only apply to a specific website and Internet service provider. Accepting Internet Transactions through any new website or new Internet service provider requires our prior written approval. You hereby authorize us and will obtain the authorization of your Internet service provider for us to conduct security assessment scans of the website(s) and server(s) over the Internet. If you would like to be provided with some information regarding fraud related tools that may help to minimize the risks of Remote Transactions, Bambora can provide you with such information. 3.2 You acknowledge and agree that Remote Transactions carry a greater risk of repudiation by Cardholders, and refusals and Chargebacks by us, because the Transaction is not conducted in an environment where you and a Cardholder are both present in person. In particular, Remote Transactions do not allow for the following: (a) inspection of goods or services by Cardholders; (b) inspection by you of Cards including account numbers, names, expiry dates and signatures; (c) signing of transaction records Transaction Records or imprinted sales drafts Sales Drafts by Cardholders; and (d) comparison of signatures on transaction records Transaction Records or sales drafts Sales Drafts with signatures on Cards. 3.3 For each Remote Transaction, you will obtain the expiry date of the Card, if applicable, and provide the expiry date to us when you request Authorization of the Transaction from us. 3.4 We may refuse to credit, or may Chargeback, Remote Transactions that the Cardholder has disputed with respect to authorization, authenticity or validity. Even if we provide approval permitting you to accept Remote Transactions, you acknowledge and agree that we may refuse to credit, or may Chargeback, Remote Transactions because a Transaction Record or Sales Draft has not been properly completed in accordance with Section 2.3 of the Agreement. 3.5 You will not accept Cards for the provision of, and you will not display on or be hyperlinked to a website that sells or displays, any of the following goods or services or any other type of business that we deem unacceptable: escort and dating services, adult telephone call services, collection agency services, cheque cashing services, adult entertainment including pornography, massage parlour services, time share sales, gambling, extended car warranties except major car dealerships, weight loss vitamins and pills, cult material, pre-paid telephone cards, bail, credit reporting, resume preparing services, pyramid sales, and satellite television sales except for satellite television sales that are legal unacceptable as set out in Canada. Section 2.2(f) You will not accept Cards for the provision of website hosting services. 3.6 We will not be liable for any claims, losses, costs, damages and expenses resulting from the operation of or the security of the Electronic Commerce Facilities. 3.7 You will be responsible to ensure that the Electronic Commerce Facilities operate securely in accordance with a Payment Card Network-approved method so as to protect Cardholders from the unauthorized disclosure of information with respect to Cards. You will ensure that the Electronic Commerce Facilities comply with the operating and security standards as set by us and Payment Card Networks from time to time. We may require from time to time that the Electronic Commerce Facilities be assessed, at your expense, by us, by a Payment Card Network and/or by another third party chosen by us in order to verify compliance with the operating and security standards. You will fully co-operate with any such assessment and be responsible for all costs associated with implementing or maintaining compliance of the Electronic Commerce Facilities with the operating and security standards. 3.8 If at any time the operating or security standards of the Electronic Commerce Facilities do not comply with our standards, you will, at our direction, immediately suspend offering payment by Card for the sale of goods and services over the Internet until such time as we permit re- re-activation. 3.9 Any website(s) from which you accept Internet Transactions will contain at a minimum the following: (a) your legal name and the name under which you are carrying on business, displayed as prominently as any other information depicted on the website, other than images of the products or services being offered for sale; (b) customer service contact information including business address, mailing address, telephone number, fax number and electronic mail address; (c) the jurisdiction in which you are officially registered and located; (d) a complete, fair and accurate description of goods and services being offered, including any relevant technical or system specifications; (e) delivery policy, including method of delivery; (f) any geographic limitations for the sale of goods and services and any export restrictions if applicable; (g) return, exchange and refund policies; (h) country and transaction currency, for example, by indicating that prices are payable in Canadian dollars; (i) consumer data privacy policies; (j) security capabilities and policy for transmission of Credit Card details; (k) the Card Brand ▇▇▇▇, in full colour, to indicate Card acceptance in accordance with the Brand ▇▇▇▇ standards established by the relevant Payment Card Network available on the website of such association; (l) complaint handling procedures; (m) details of any applicable warranties or guarantees; (n) the total consideration payable for the goods and services; (o) an updated and accurate itemized list of the price of goods and services to be sold to the Cardholder as well as any shipping, delivery or handling charges, taxes, custom duties, broker fees or insurance costs; (p) the terms, conditions and method of payment; (q) the date when the goods will be delivered or the services are to be commenced; (r) for Recurring Transactions, a simple and easily accessible online cancellation procedure; and (s) any other information or disclosure that we require or that is required by law from time to time in any jurisdiction in which you offer goods or services. 3.10 For Internet Transactions, you will provide the Cardholder with a Transaction receipt, which will contain at a minimum the following: (a) your legal name and the name under which you are carrying on business; (b) your website address; (c) the amount of the Transaction; (d) the currency of the Transaction; (e) the date of the Transaction; (f) a unique Transaction identification number; (g) the name of the Cardholder; (h) the Authorization Number; (i) Transaction type (purchase or credit); (j) a description of the goods or services; (k) return and refund policies if there is any restriction on returns or refunds; (l) customer service contact information including telephone number and telephone country code and area code accessible from all local and international locations where you deliver goods or services; (m) terms and conditions of sale if there are any restrictions on terms and conditions of sale; (n) if there is a free trial period, the exact date the free trial period ends; (o) cancellation policies; (p) for a Recurring Transaction, the frequency and duration of the Recurring Transaction; and (q) any other information or disclosure that we require or that is required by law from time to time in any jurisdiction in which you offer goods or services. 3.11 It is your sole responsibility to ensure that your website and Transaction receipts comply with the laws applicable to your jurisdiction. 3.12 You will not return the number of the Card to the Cardholder either online or on the Transaction receipt.