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Merchant Conditions 1

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Merchant Conditions 1 Merchant Conditions 1. Definitions and interpretation Bureau de Change Transactions means Card Transactions accepted as part of a Bureau de 1.1 In your Merchant Agreement: Change business. Annual Participation fee means the annual fee Business means your Business as a Merchant as applied for Card Scheme registration programmes. described in your Merchant Agreement or such other description as we may agree from time to time. Applicable Laws means any and all regional, national, local or other laws, statutes, regulations, rules, Business Day means any day which is not a Saturday, codes or ordinances enacted, adopted, issued or Sunday, or a bank holiday in any part of the promulgated in any jurisdiction in the world by any United Kingdom. court or regulator, to the extent applicable to us or Card means any valid Payment Card approved you, our or your business, or our or your performance by First Data from time to time and to which your of obligations under this Agreement. Merchant Agreement applies. Applicant means the Applicant for Merchant Services Card Acquirer means any bank or other body duly from First Data, who submits the Application Form authorised to process Card Transactions from to First Data. a Merchant. Application Form means the form submitted by Cardholder means the company, firm, individual or the Applicant applying for Merchant Services from other body for whose use a Card has been issued at First Data to be provided under the terms of your any time. Merchant Agreement. Cardholder’s Account means the account in the name Assessment fees means the Assessment fees charged of the Cardholder which may be debited or credited by First Data by reference to the rates set by the Card by the Card Acquirer in respect of Card Transactions. Schemes from time to time for each Card Transaction processed on behalf of a Merchant under your Cardholder Information means any information Merchant Agreement. relating to a Cardholder including any Card Number and any Personal Data. Assured Reservations means the facility whereby a Merchant who makes a reservation of accommodation Card Issuer means any bank or other body authorised for a Cardholder will maintain that reservation, by a Card Scheme to issue Cards. regardless of the time of arrival of the customer on the Card Not Present Floor Limit means the Total Value for day for which the reservation is made and may charge each Card Not Present Transaction at which you must the Cardholder in respect of the reservation where obtain Authorisation. This is set out in the Application the customer does not arrive. Form and we may increase or decrease this at any time Attest means to demonstrate and confirm your by giving you written notice from time to time. compliance with the PCI DSS and any changes which Card Not Present Transaction means any type of Card may occur to those standards, by completing a Transaction where the Cardholder is not present or self‑assessment questionnaire and attestation through the Card is not provided physically to you at the time the PCI DSS Compliance Programme, either on‑line, of the transaction, including Card Transactions made over the telephone or in paper form, or submitting a via the telephone, mail order and/or a Website. report of compliance from a PCI DSS audit. Card Number means the number displayed on a Card Authorisation means our approval for a Card identifying the Cardholder’s Account. Transaction to go ahead. Authorisation only confirms that the Card has not been registered as lost or Card Present Floor Limit means the Total Value for stolen and has available credit at the time of the each Card Present Transaction at which you must Card Transaction. It does not confirm that the person obtain Authorisation. This is set out in the Application who presents the Card is the genuine Cardholder Form and we may increase or decrease this at any and, therefore, alone it does not prevent the Card time by giving you written notice from time to time. Transaction being charged back to you in accordance Card Present Transaction means any type of Card with clause 19. All Card Transactions above your Floor Transaction where the Cardholder is present and Limit must normally be authorised. the Card is physically provided to you at the time of Authorisation fee also known as Consolidated the transaction. Authorisation fee means the fee charged in respect Card Refund means any Refund given in of each electronic request for Authorisation of a respect of a Card Transaction for credit to the Card Transaction. Cardholder’s Account. 2 Card Refund Data means the details of a Card Refund Deferred Supply Period means the maximum period processed through a Terminal or a Website in a form specified in your Application Form, or the period we approve. agreed with the Cardholder at the time of the Card Transaction (if less), within which you must supply Card Sales Data means the details of a Card goods, services, accommodation or other facilities Transaction processed through a Terminal or a following the time of the Card Transaction. Website in a form we approve. Card Scheme means Visa International, Mastercard Deferred Supply Transactions means Card International, Diners, Japanese Credit Bureau and any Transactions where the goods, services, other card scheme we approve from time to time. accommodation or other facilities are supplied to the Cardholder at a time later than the time of the Card Scheme Rules means the rules and operating Card Transaction. instructions issued by the Card Schemes from time to time. Disabling Device means any software, viruses, worms, time or logic bombs, Trojan horses or other computer Card Transaction means any payment made by instructions, intentional devices or technologies that the use of a Card, a Card Number or in any other can or were designed to threaten, infect or disrupt, manner authorised by the Cardholder for debit to the damage, disable or shut down all or any part of a Cardholder’s Account. computer program, network or computer data. Cashback means a service provided to Cardholders eCommerce means a business transaction conducted whereby cash is dispensed with a Payment Card electronically. This includes Card Transactions taken purchase transaction at the Point of Sale. over the internet. Cashback fee means the fee charged monthly if we Electronic Link means any computer system, server or permit you to offer Cashback to Cardholders. network used by you to communicate with First Data Charges has the meaning assigned to it in Clause 16.1. or with Cardholders. Chargeback means a Card Transaction that is Equipment means all equipment, including Terminals, disputed by a Cardholder or Card Issuer and is hardware and software that we or our agents have returned to First Data under the relevant Card approved or supplied to you in connection with your Scheme Rules. Merchant Agreement. Chargeback fee means the fee charged in respect Express Checkout means a facility that enables of each Card Transaction which is subject to Merchants offering accommodation to improve a Chargeback. the efficiency of their checkout procedures, which Chip and PIN Card means a Card in respect of which a involves having their Terminal downloaded with the PIN may be entered in a PIN Entry Device. appropriate software. Clearing fee means the fee charged by us in respect Express Funding means the funding method that of each Card Transaction we clear through the facilitates payment of Transaction Data settlement Card Schemes. within a specified number of days following the transaction processing day. ClientLine fee means the fee charged monthly for online access to transaction, bank deposit and Express Funding fee means the monthly fee charged Chargeback data history. for the Express Funding method. Controller has the meaning given in the GDPR. Fallback means a transaction taken using a paper Data Protection Laws means the GDPR and any other voucher when your electronic Terminal/Point of Sale laws or regulations applicable to the processing of systems have failed. Personal Data. Fallback Floor Limit means the Total Value for Data Subject has the meaning given in the GDPR. each Card Transaction at which you must obtain Authorisation while your Terminal or other Equipment Debit Card means a Visa Debit Card, Visa Electron is out of order or the Website or any Electronic Link Card, International Maestro Card, Maestro Card, Debit is not available or functioning correctly. This would Mastercard and such other Cards as notified by us to normally be the Card Present Floor Limit or the Card you from time to time as being Debit Cards. Not Present Floor Limit (as applicable) unless we Deferred Payment has the meaning set out in notify you otherwise. clause 17.5. 3 Fallback Procedures means the procedures you Gateway Transaction fee means the fee charged for must follow, as set out in the Operating Guide or as each Authorisation request that is submitted via the we may notify you from time to time, if your Terminal Gateway Services. VAT applies to this charge. or other Equipment has failed for a technical reason GDPR means Regulation (EU) 2016/679 on the or a Website or Electronic Link is not available or protection of natural persons with regard to the functioning correctly. processing of Personal Data and on the free Fallback Vouchers means the Vouchers we supply movement of such data. or approve which you must use for Card Transactions where your Equipment has failed for a technical Group means First Data Europe Limited, any reason or the Website or Electronic Link is not holding company of ours or any subsidiary of ours available or functioning correctly. Fallback Vouchers or our holding company.
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