Credit and Financial Inquiries; Additional Locations; Inspections. MAS may, at any time, perform reasonable procedural or financial reviews and inquiries of Merchant, which MAS considers necessary to accept or review acceptance of this Agreement or investigate Merchant’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such reviews and inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Xxxxxxxx authorizes parties contacted by MAS to release the credit information requested by XXX, and Xxxxxxxx agrees to provide MAS a separate authorization for release of credit information, if requested. Merchant will provide any financial statements, income tax and business tax returns and other financial information as MAS may consider necessary to perform initial or periodic reviews of Merchant’s financial stability and business practices. Merchant shall provide all information requested by MAS to complete MAS’s audit and Merchant warrants all information provided shall be true, complete and accurate. Merchant may accept Cards only at locations approved by MAS. Additional locations may be added, subject to MAS’s approval, which shall be in MAS’s sole discretion. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit MAS, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Paragraph may be deemed to waive Xxxxxxxx’s obligation to comply in all respects with the terms of this Agreement. MAS, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with federal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Association compliance, emergency incident response services and PCI forensic investigator services, among others, as provided by a third party designated by MAS for data and systems security incidents and payable by Xxxxxxxx. Merchant will make available its records maintained and produced under this Agreement and Merchant’s facilities, upon notice during normal business hours, for examination so MAS may determine if Merchant maintains sufficient experienced personnel, facilities, and systems to perform Merchant’s obligations under this Agreement and determine if Merchant will perform in a professional manner that does not discredit MAS or Card Associations. Nothing in this Paragraph may be construed to require Merchant to give access to its facilities,
Appears in 1 contract
Samples: Merchant Agreement
Credit and Financial Inquiries; Additional Locations; Inspections. MAS may, at any time, perform reasonable procedural or financial reviews and inquiries of Merchant, which MAS considers necessary to accept or review acceptance of this Agreement or investigate Merchant’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such reviews and inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Xxxxxxxx authorizes parties contacted by MAS to release the credit information requested by XXX, and Xxxxxxxx agrees to provide MAS a separate authorization for release of credit information, if requested. Merchant will provide any financial statements, income tax and business tax returns and other financial information as MAS may consider necessary to perform initial or periodic reviews of Merchant’s financial stability and business practices. Merchant shall provide all information requested by MAS to complete MAS’s ’ audit and Merchant warrants all information provided shall be true, complete and accurate. Merchant may accept Cards only at locations approved by MAS. Additional locations may be added, subject to MAS’s ’ approval, which shall be in MAS’s ’ sole discretion. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit MAS, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Paragraph may be deemed to waive Xxxxxxxx’s obligation to comply in all respects with the terms of this Agreement. MAS, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with federal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Association compliance, emergency incident response services and PCI forensic investigator services, among others, as provided by a third party designated by MAS for data and systems security incidents and payable by Xxxxxxxx. Merchant will make available its records maintained and produced under this Agreement and Merchant’s facilities, upon notice during normal business hours, for examination so MAS may determine if Merchant maintains sufficient experienced personnel, facilities, and systems to perform Merchant’s obligations under this Agreement and determine if Merchant will perform in a professional manner that does not discredit MAS or Card Associations. Nothing in this Paragraph may be construed to require Merchant to give access to its facilities,, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit or examination.
Appears in 1 contract
Samples: Merchant Agreement
Credit and Financial Inquiries; Additional Locations; Inspections. MAS may, at any time, perform reasonable procedural or financial reviews and inquiries of Merchant, which MAS considers necessary to accept or review acceptance of this Agreement or investigate Merchant’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such reviews and inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Xxxxxxxx authorizes parties contacted by MAS to release the credit information requested by XXX, and Xxxxxxxx agrees to provide MAS a separate authorization for release of credit information, if requested. Merchant will provide any financial statements, income tax and business tax returns and other financial information as MAS may consider necessary to perform initial or periodic reviews of Merchant’s financial stability and business practices. Merchant shall provide all information requested by MAS to complete MAS’s ’ audit and Merchant warrants all information provided shall be true, complete and accurate. Merchant may accept Cards only at locations approved by MAS. Additional locations may be added, subject to MAS’s ’ approval, which shall be in MAS’s ’ sole discretion. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit MAS, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Paragraph may be deemed to waive Xxxxxxxx’s obligation to comply in all respects with the terms of this Agreement. MAS, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with federal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Association compliance, emergency incident response services and PCI forensic investigator services, among others, as provided by a third party designated by MAS for data and systems security incidents and payable by Xxxxxxxx. Merchant will make available its records maintained and produced under this Agreement and Merchant’s facilities, upon notice during normal business hours, for examination so MAS may determine if Merchant maintains sufficient experienced personnel, facilities, and systems to perform Merchant’s obligations under this Agreement and determine if Merchant will perform in a professional manner that does not discredit MAS MAS, BPPR or Card Associations. Nothing in this Paragraph may be construed to require Merchant to give access to its facilities,, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit or examination.
Appears in 1 contract
Samples: Merchant Agreement
Credit and Financial Inquiries; Additional Locations; Inspections. MAS may, at any time, perform reasonable procedural or financial reviews and inquiries of Merchant, which MAS considers necessary to accept or review acceptance of this Agreement or investigate Merchant’s deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such reviews and inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Xxxxxxxx Merchant authorizes parties contacted by MAS to release the credit information requested by XXXMAS, and Xxxxxxxx Merchant agrees to provide MAS a separate authorization for release of credit information, if requested. Merchant will provide any financial statements, income tax and business tax returns and other financial information as MAS may consider necessary to perform initial or periodic reviews of Merchant’s financial stability and business practices. Merchant shall provide all information requested by MAS to complete MAS’s audit and Merchant warrants all information provided shall be true, complete and accurate. Merchant may accept Cards only at locations approved by MAS. Additional locations may be added, subject to MAS’s approval, which shall be in MAS’s sole discretion. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit MAS, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities, equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this Paragraph may be deemed to waive XxxxxxxxMerchant’s obligation to comply in all respects with the terms of this Agreement. MAS, its internal and external auditors, and its regulators may audit compliance with this Agreement, compliance with federal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card Association compliance, emergency incident response services and PCI forensic investigator services, among others, as provided by a third party designated by MAS for data and systems security incidents and payable by Xxxxxxxx. Merchant will make available its records maintained and produced under this Agreement and Merchant’s facilities, upon notice during normal business hours, for examination so MAS may determine if Merchant maintains sufficient experienced personnel, facilities, and systems to perform Merchant’s obligations under this Agreement and determine if Merchant will perform in a professional manner that does not discredit MAS or Card Associations. Nothing in this Paragraph may be construed to require Merchant to give access to its facilities,, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear its expenses of any audit or examination.
Appears in 1 contract
Samples: Merchant Agreement