Merchant Agreement for Processing Card Payments through Pin Payments
This agreement applies to all users of the Pin Payments payment service who have been approved to accept Visa and Mastercard transactions.
This agreement is made between (1) you, the merchant; (2) National Australia Bank Limited (NAB); and (3) Southern Payment Systems Pty Ltd (Pin Payments).
Unless the contrary intention appears, the following words have these meanings in this Agreement:
Banking Day means a day on which banks are open for general banking business in Melbourne Australia except for Saturdays, Sundays and National Public Holidays in Australia.
Card Schemes means, unless otherwise agreed by the parties, Visa and MasterCard.
Card Scheme Rules means the rules and regulations which regulate participants in the Card Schemes.
Cardholder means the Person in whose name the Card has been issued.
Chargeback is the reversal of a sales transaction.
Card means a card that has been designated by the issuer as a Visa or MasterCard card or a card issued by any other card scheme which you have agreed to accept and we have agreed to process.
Data Breach means any occurrence which results in the unauthorised access by a third party to confidential data relating to card transactions stored by your business or any entity engaged by you to provide storage or transmission services in respect of that data.
Data Security Standards means the Payment Card Industry Data Security Standards (“PCIDSS”) mandated by the Card Schemes for the protection of Cardholder details and transaction information, and any additional or replacement standards of which You are advised from time to time.
NAB refers to the National Australia Bank Limited, ABN 12 004 044 937.
Payment Service means Pin Payments.
Person includes an individual, firm, body corporate, unincorporated body or association, partnership, joint venture and any government agency or authority.
Personal Information refers to information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, which is received by You from any source as a consequence of the performance of the rights and obligations under this Agreement.
PIN means the personal identification number allocated by NAB, a card issuer or personally selected by the account holder.
Privacy Law means all legislation and principles relating to the collection, use, disclosure, storage and granting of access rights to Personal Information.
Related Body Corporate has the meaning given to it in the Corporations Act, 2001 (Cth).
Relevant Law means any:
Transaction Receipt means a document used to evidence a transaction.
We, Us and Our means, collectively, NAB and Pin Payments.
You and Your means the Person to whom the Payment Service is provided by Us.
You acknowledge that:
You represent and warrant that:
You acknowledge and agree that:
You:
This clause applies to you if collect payment data directly from a cardholder or store any cardholder data. In addition to the other provisions of this agreement, you acknowledge and agree:
Subject to the other provisions of this Agreement, You:
You may only process a transaction as a recurring transaction if:
Unless You are otherwise notified in writing, You must, before You accept any electronic commerce transaction over the Internet, establish and maintain at Your own expense a web site that complies with the requirements of clause 4.2.
The web site must clearly display the following information:
You must:
For remote transactions, you must:
Where you elect to charge a cardholder a surcharge in respect of a transaction, you must not impose a surcharge in excess of the reasonable cost of card acceptance.
Upon request by us or any card schemes, you must produce supporting information to substantiate your costs of card acceptance. Where the card scheme dictates the format of the required substantiation, eg. through use of a “reasonable cost of acceptance calculator”, you must provide details of your costs in the required format.
Where required by a card scheme, you must submit, at your cost, to an audit of your costs of card acceptance by an independent auditor approved by the card scheme requiring the audit. The audit must be completed and results reported back to the relevant card scheme within the timeframe specified by the card scheme.
Where, following an investigation into your surcharging and cost of card acceptance, we or a card scheme determine that the amount that you are surcharging exceeds the reasonable costs of card acceptance, we may by 30 days notice to you require you to reduce your surcharge level to an amount that does not exceed the reasonable costs of card acceptance.
Without limiting any other rights that we may have under this agreement, we may, by notice to you, terminate this agreement if, following receipt of notice under clause [5], you fail to reduce your surcharge level to an amount that does not exceed the reasonable costs of card acceptance.
You acknowledge that excessive surcharging by you could expose NAB to fines from card schemes. You agree to indemnify NAB against any fines imposed by card schemes in relation to your surcharging practices.
You acknowledge that card issuers may from time to time change the classification of a credit card (ie. standard or premium) and, as a result, when applying a surcharge rate to a cardholder, it cannot be guaranteed that the classification of the card (ie. standard or premium) on which you have based the surcharge will be same as the classification on which you are charged your merchant service fee in relation to the same transaction.
You must clearly disclose to the cardholder before the transaction is completed any surcharge that you will charge for completing the transaction, and do it in such a way that allows the transaction to be cancelled without the cardholder occurring any cost.
You must display on the payment page on your website a notice stating:
You must not represent or otherwise imply that the surcharge is levied by a card scheme or by us or any other financial institution.
“Surcharge” means any fee charged by a merchant to a cardholder that is added to a transaction for the acceptance of a card.
Costs that form your “reasonable costs of card acceptance” will be determined having regard to the Reserve Bank of Australia’s Guidance Note: Interpretation of Surcharging Standards, as amended or replaced from time to time
Unless we have agreed that we will provide the transaction receipt to the cardholder, You must give the Cardholder a copy of the Transaction Receipt for each transaction, but You must not charge a fee for doing so.
If You are notified that You must prepare the Transaction Receipt, You must ensure the information contained in the Transaction Receipt:
You must provide Pin Payments with the Transaction Receipt and any other required evidence of the transaction within seven (7) days if You are asked by Pin Payments to provide it.
A transaction is not valid if:
A transaction for a sale or refund is not acceptable if:
You acknowledge and agree that NAB or Pin Payments may:
NAB will provide settlement to Pin Payments on each business day for the gross amount of all funds received from the card schemes in respect of transactions processed under this agreement, less any chargebacks or refunds.
Pin Payments is responsible for disbursing to you, in accordance with your funding, reserve and payment arrangements with Pin Payments, any settlement amounts received from NAB in respect of transactions processed under this agreement.
You acknowledge and agree that:
You represent and warrant that:
Neither Pin Payments nor NAB make any warranties in respect of any of the services to provided under this agreement. To the maximum extent permitted by law, any and all implied warranties and guarantees are excluded. In respect of any warranty or guarantee which is unable to be excluded under any relevant law, our liability in respect of a breach of that warranty or guarantee is limited to the re-supply of the goods or services or the payment of the cost of having the goods or services supplied again.
To the maximum extent permitted by applicable law we are not liable to you or to any person for any act or omission (including negligence) of ours that results in any direct or indirect loss (including loss of profits), damage, injury or inconvenience you suffer because of any service failure, including any unavailability of the service, any delays or any errors. Under no circumstances will be liable to you for any lost sales, revenue or profit or loss of custom due to any service failure which results in you being unable to promptly accept payments from your customers.
NAB or Pin Payments may suspend or terminate this Agreement or suspend then terminate this Agreement or any part of it at any time if:
This Agreement will terminate automatically and immediately if:
You authorise NAB to disclose to any Card Scheme advice of termination of this Agreement and the reasons for the termination. You acknowledge that the information concerning termination of this Agreement then becomes available to any member of the Card Schemes. This information, available to any member of the Card Schemes, may be used in assessing subsequent applications for merchant facilities.
You may not assign or charge Your rights under this Agreement without our prior written consent.
You acknowledge that we may only provide services to you under this Agreement where you:
In addition to any other right to terminate or suspend the services, we may immediately cease to accept transactions under this Agreement where you fail to satisfy the above requirements.
This agreement is governed by the laws of the State of Victoria. Each party submits to the jurisdiction of the courts of that State of Victoria and any courts of appeal from them.
This agreement is governed by the laws of the State of Victoria. Each party submits to the jurisdiction of the courts of that State of Victoria and any courts of appeal from them.
You acknowledge that NAB or Pin Payments may deliver notices to You in any of the ways listed in clause 19.2.
A notice must be in writing and is taken to be received:
Pin Payments and NAB may at any time without notice to you set off any Liability owed by Pin Payments or and NAB (as the case may be), to you on any account against any Liability owed by You to Pin Payments or the NAB (as the case may be) under or in connection with this agreement. For the purpose of this clause, “Liability” means any debt or monetary liability, irrespective of whether the debt or monetary liability is future or present, actual or contingent
Southern Payment Systems Pty Ltd
t/a Pin Payments
ABN: 46 154 451 582
Level 4, 356 Collins St,
Melbourne VIC 3000
A Checkout.com company
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