Equipment; Supplies; Displays. (a) At Merchant’s request, ISO will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO makes no representations or warranties that ISO’s programming of the POS Equipment furnished by ISO will operate in compliance with the Operating Rules. (b) All ISO and third party POS Equipment and services provided or procured by ISO under this Merchant Agreement are provided “AS-IS,” but ISO will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services. (c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant. (d) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank. (e) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 4 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Agreement. It is understood by the parties that if Processor has not provided free use equipment, Sections 3.6(a)-(d) do not apply.
(b) Merchant acknowledges and understands that POS Equipment may be supplied to Merchant that is the property of Processor and is being provided to Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $495 fee for non-return of Processor supplied POS Equipment if Merchant terminates or ceases processing under the terms of this Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten days of termination or of ceasing processing.
(ii) Merchant shall be liable for a $450 fee for non-return of Encryption Exchange POS Equipment if applicable;
(iii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use of the POS Equipment;
(iv) Merchant will be liable for any reasonable monthly fee as determined by Processor for paper or other supplies provided by Processor for use with the POS Equipment;
(v) Processor, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges; and,
(vi) The POS Equipment that is the property of Processor is provided “AS- IS” and that Processor makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s use of the POS Equipment.
(c) All ISO Processor and third party POS Equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(cd) Merchant acknowledges that ISO Processor or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(ef) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 4 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO makes no representations or warranties that ISO’s programming of the POS Equipment furnished by ISO will operate in compliance with the Operating Rules.
(b) All ISO and third party POS Equipment and services provided or procured by ISO under this Merchant Agreement are provided “AS-IS,” but ISO will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that the Merchant Bank and/or Processor shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(e) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 3 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) 7.1 At Merchant’s request, ISO will Clearent may supply Merchant with point-of of-sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Clearent will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets locations in compliance with the Operating Card Brand Rules; however, ISO makes Clearent and Bank make no representations or warranties that ISOClearent’s programming of the POS Equipment furnished by ISO Clearent will operate in compliance with the Operating Card Brand Rules.
(b) 7.2 All ISO and third party POS Equipment and services provided or procured by ISO Clearent under this Merchant Agreement are provided “AS-AS- IS,” but ISO Clearent will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
7.3 Merchant will immediately notify Clearent of the third party it chooses to use or lease POS Equipment from (c“Third Party Terminals”) to process Transactions. If Merchant acknowledges elects to use Third Party Terminals, Merchant assumes full responsibility and liability for any failure of that ISO third party to comply with the Card Brand Rules, applicable Laws, or this Merchant Agreement. Neither Bank nor Clearent will be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility agent or liability for the POS Equipment supplied to Merchanta malfunction in a Third Party Terminal.
(d) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from 7.4 From time to time, andClearent or POS Equipment supplier may determine that POS Equipment software requires changes or updates. Merchant agrees that equipment which is configured for automatic upgrades may be upgraded by Clearent or POS Equipment supplier whenever Clearent or POS Equipment provider, upon notificationin their sole discretion, determine it to be required. When equipment is not configured for automatic upgrades, Xxxxxxxx will comply with any changes. Merchant will use Transaction forms agrees to assist Clearent or materials provided by Bank only for Transactions which Merchant submits POS Equipment supplier in performing manual software upgrades whenever Clearent or POS Equipment provider, in their sole discretion, determine it to Bankbe required.
(e) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 2 contracts
Samples: Merchant Agreement, Merchant Agreement
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Agreement. It is understood by the parties that if Processor has not provided free use equipment, sections 3.6(a)-(d) do not apply.
(b) Merchant acknowledges and understands that POS equipment may be supplied to Merchant that is the property of the Processor and is being provided to the Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $495 fee for non-return of Processor supplied POS Equipment if the Merchant terminates or ceases processing under the terms of this Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten days of termination or of ceasing processing.
(ii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use of the POS Equipment;
(iii) Merchant will be liable for any reasonable monthly fee as determined by Processor for paper or other supplies provided by Processor for use with the POS Equipment;
(iv) Processor, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges; and,
(v) The POS Equipment that is the property of Processor is provided “AS-IS” and that Processor makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s use of the POS Equipment.
(c) All ISO Processor and third party POS Equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(cd) Merchant acknowledges that ISO Processor or a third party is supplying the POS Equipment and that the Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(ef) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Agreement. It is understood by the parties that if Processor has not provided free use equipment, Sections 3.6(a)-(d) do not apply.
(b) Merchant acknowledges and understands that POS equipment may be supplied to Merchant that is the property of Processor and is being provided to Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $495 fee for non-return of Processor supplied POS Equipment if Merchant terminates or ceases processing under the terms of this Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten days of termination or of ceasing processing.
(ii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use of the POS Equipment;
(iii) Merchant will be liable for any reasonable monthly fee as determined by Processor for paper or other supplies provided by Processor for use with the POS Equipment;
(iv) Processor, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges; and,
(v) The POS Equipment that is the property of Processor is provided “AS-IS” and that Processor makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s use of the POS Equipment.
(c) All ISO Processor and third party POS Equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(cd) Merchant acknowledges that ISO Processor or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(ef) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Agreement. It is understood by the parties that if Processor has not provided free use equipment, Sections 3.6(a)-(d) do not apply.
(b) Merchant acknowledges and understands that POS Equipment may be supplied to Merchant that is the property of Processor and is being provided to Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $495 fee for non-return of Processor supplied POS Equipment if Merchant terminates or ceases processing under the terms of this Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten days of termination or of ceasing processing.
(ii) Merchant shall be liable for a $450 fee for non-return of Encryption Exchange POS Equipment if applicable;
(iii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use of the POS Equipment;
(iv) Merchant will be liable for any reasonable monthly fee as determined by Processor for paper or other supplies provided by Processor for use with the POS Equipment;
(v) Processor, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges; and,
(vi) The POS Equipment that is the property of Processor is provided “AS-IS” and that Processor makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s use of the POS Equipment.
(c) All ISO Processor and third party POS Equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(cd) Merchant acknowledges that ISO Processor or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(ef) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment, and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,AS‐IS” and without any warranties of merchantability or fitness for a particular purpose, but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.,
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Processing Agreement
Equipment; Supplies; Displays. Important Note: Merchant acknowledges and agrees that Member Bank and its affiliates have no duty, obligation or liability whatsoever for: (1) the POS Equipment, herein; (2) any actions or omissions of Processor or ISO with respect to the POS Equipment; (3) failure of Merchant to perform routine maintenance and updates to the POS Equipment; (4) any failure of Merchant to adhere to standard security requirements as it relates to the POS Equipment; or (5) any claims or disputes arising out of the foregoing.
(a) At Merchant’s request, Processor or ISO will supply Merchant with point-of of- sale equipment equipment, including a terminal, router or other compatible or ancillary equipment, hardware or device (collectively “POS Equipment”) that Merchant may need to process and submit Transactions). Processor or ISO will use good faith efforts to program or configure the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, neither Processor nor ISO makes no representations or warranties that Processor’s or ISO’s programming of the POS Equipment furnished by Processor or ISO will operate in compliance with the Operating RulesRules and applicable law. If Processor or ISO supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Merchant Agreement.
(b) The individual providing the terminal to Merchant is an employee of Processor or ISO, unless otherwise identified as an independent sales contractor. Merchant acknowledges and understands that POS Equipment may be supplied to Merchant that is the property of Processor or ISO and is being provided to Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $495 fee for non-return of Processor or ISO supplied POS Equipment if Merchant terminates or ceases processing under the terms of this Merchant Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten days of termination or of ceasing processing.
(ii) Merchant shall be liable for a $450 fee for non-return of Encryption Exchange POS Equipment if applicable;
(iii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use or handling of the POS Equipment;
(iv) Merchant will be liable for any reasonable monthly fee as determined by Processor or ISO for paper or other supplies provided by Processor or ISO for use with the POS Equipment; and
(v) Processor or ISO, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges.
(c) All Processor, ISO and third party POS Equipment and services provided or procured by Processor or ISO under this Merchant Agreement are provided “AS-IS,.” but Processor or ISO will, at Merchantmakes no warranty as to this POS Equipment’s expense, use reasonable commercial efforts to assist Merchant in enforcing fitness for any warranty offered by particular purpose (or any other Warranty) and disclaims any liability resulting from the third party supplier of such POS Equipment or services.Merchant’s use of the POS Equipment.
(cd) Merchant acknowledges that Processor, or ISO or a third party is supplying the POS Equipment and that Merchant Member Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by BankProcessor. Bank Processor may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank Processor only for Transactions which Merchant submits to BankProcessor.
(ef) Merchant may not (i) indicate or imply that the Card Associations Associations, Processor or Member Bank endorses any Merchant goods or services, (ii) refer to a Card Association Association, Processor or Member Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association Association, Processor or Member Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules, provided that any use of Processor’s or Member Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Processor and Member Bank. Merchant acknowledges that ISO, Merchant Member Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Processor’s or Member Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment, and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,AS‐IS” and without any warranties of merchantability or fitness for a particular purpose, but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐ by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s products, services services, or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in this Agreement and the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedRules.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with pointSoftware, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “"AS-IS,” " but ISO Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard and Discover Network approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected in accordance with Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedRules.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) A. At Merchant’s request, ISO Bank will supply Merchant with pointPOS equipment and/or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN (Personal Identification Number) pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Bank will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Bank makes no representations or warranties that ISOBank’s programming program of the POS Equipment furnished by ISO Bank will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with the Operating Rules. Merchant may use POS Equipment and/or Software from non-Bank sources, but must ensure that the equipment and Software operates at all times in compliance with applicable law, the Operating Rules, and Bank’s operational and security requirements.
(b) B. All ISO and third party POS Equipment software, equipment and services provided or procured by ISO Bank under this Merchant Agreement are provided “AS-IS,” but ISO Bank will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) C. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
D. Merchant shall display Visa, MasterCard and, if applicable, other Card Association decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected under Section 3.02 of this Agreement.
5.1 Bank will charge back to Merchant and Merchant will pay Bank, the amount of each Charge which Merchant or a Merchant Affiliate submits to Bank for processing that is charged back to Bank for any reason through Card Associations’ Operating Rules, or to the extent Bank receives claims regarding the Charges from Cardholders under other provisions of law.
5.2 A Chargeback may occur for any one or more of several reasons under the Operating Rules or through operation of consumer protection laws, such as the Truth in Lending Act and the Fair Credit Billing Act. Chargeback reasons include, without limitation:
A. The Charge Record or any material information it contains as provided by Merchant (esuch as the Card account number, expiration date of the Card, merchant description, purchase amount, Charge date and Authorization date) is illegible, incomplete, incorrect, or unsigned, or is not transmitted to Bank within the required time limits;
B. Merchant may not (i) indicate or imply knew or, by following proper practices, should have known that the Card Associations was not to be honored;
C. The Charge was completed with a counterfeit or altered Card or before the valid date or after the expiration date of the Card;
D. Merchant did not obtain Authorization, or did not provide a correct and legible Authorization code on the Charge Record;
E. The Charge Record is a duplicate of another Charge Record, represents one of two or more Charges arising from a single purchase, or the Charge has been submitted to another merchant card processor;
F. The Cardholder disputes participating in or approving the Charge, signing the Charge Record, or the sale, delivery, quality or performance of the purchase; the Cardholder alleges that return of goods or a Credit Voucher was improperly refused; or the Cardholder alleges that a Credit Voucher issued by Merchant was not processed for the Cardholder Account;
G. The amount on the Charge Record submitted to Bank endorses differs from the amount on the copy required to be delivered to the Cardholder;
H. The Charge was fraudulent or the related purchase was not a bona fide purchase in Merchant’s ordinary course of business, was subject to any claim of illegality, cancellation, avoidance, or offset for any reason, including, without limitation, negligence, fraud or dishonesty on the part of Merchant or Merchant’s agents or employees or was submitted in violation of Section 6 of this Agreement;
I. The Cardholder has asserted what the Cardholder believes is a good faith claim or defense against the Charge;
J. The Charge is in violation of any law;
K. Any other Card Transactions that Bank is or would be required to pay, repurchase or Chargeback by virtue of Operating Rules or otherwise, processed under this Agreement or any agreement with any Merchant goods Affiliate.
5.3 If Bank determines that Merchant has or servicesis reasonably likely to have a monthly ratio of Chargebacks to Charges exceeding one percent (1%), (ii) refer to Bank, may, but is not obligated to, notify Merchant of new procedures it should adopt and additional Processing Fees imposed for processing Chargebacks, and/or may terminate this Agreement, at Bank’s discretion, without advance notice. Merchant must immediately pay any fines or fees imposed by a Card Association or Bank relating to Chargebacks to Merchant.
5.4 Each Chargeback to Merchant is immediately due and payable by Merchant. Without limiting Bank’s other remedies or Bank’s security interest described in stating eligibility for Section 16 below, Bank may deduct, debit and withhold the amount of a Chargeback or anticipated Chargeback from the Settlement Account, Reserve Account, or any Merchant account at the Merchant Bank, or other property of Merchant held by Bank, or any Settlement Account or Reserve Account of a Merchant Affiliate. Bank will send Chargeback reports to Merchant as debits occur. To the extent funds are not available from the previously described accounts of the Merchant or Merchant Affiliate, Merchant irrevocably authorizes Bank to attach and initiate withdrawals of funds from Merchant’s productsaccounts at other financial institutions, services by Automated Clearinghouse Entry (ACH), sight draft, preauthorized checks, reverse wires or membershipotherwise to cover the Chargebacks, and Merchant hereby irrevocably authorizes the other financial institutions to withdraw the funds from Merchant’s accounts and pay Bank the amount of the Chargebacks. Bank will release to Merchant any of Merchant’s deposits, funds or (iii) use any marks, symbols or logos owned by any Card Association or property after Bank for any purpose other than those permitted determines in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the its sole and exclusive owners of their respective intellectual absolute discretion that the deposits, funds or property and Confidential Information (defined below). Except are not likely to the extent expressly provided herein, no rights be needed to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedcover any Chargebacks.
Appears in 1 contract
Samples: Clearing and Settlement Services Agreement (TransFirst Inc.)
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Agreement.
(b) Merchant acknowledges and understands that POS equipment may be supplied to Merchant that is the property of the Processor and is being provided to the Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $500 fee for non-return of POS Equipment if the Merchant terminates or ceases processing under the terms of this Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten (10) days of termination or of ceasing processing.
(ii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use of the POS Equipment;
(iii) Merchant will be liable for any reasonable monthly fee as determined by Processor for paper or other supplies provided by Processor for use with the POS Equipment;
(iv) Processor, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges; and,
(v) The POS Equipment that is the property of Processor is provided “AS-IS” and that Processor makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s use of the POS Equipment.
(c) All ISO Processor and third party POS Equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” but ISO IS,”but Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(cd) Merchant acknowledges that ISO Processor or a third party is supplying the POS Equipment and that the Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(ef) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with pointPOS equipment and/or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “"AS-IS,” " but ISO Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, American Express and Discover Network and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard and Discover Network approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected under Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedRules.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with pointPOS equipment and/or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Xxxxxxxx acknowledges and agrees that it is Xxxxxxxx’s obligation to operate in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “"AS-IS,” " but ISO Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard and Discover Network approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected under Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules.
vi. Merchants processing less than 1 million in annual Visa transactions and using third parties for POS application, provided that any use of Bank’s marksterminal installation and integration must engage Payment Card Industry (PCI) Qualified Integrator Reseller (QIR) professionals to install, symbols or logos shall be in accordance with integrate, and subject to any branding guidelines provided by Banksupport point-of-sale applications and terminal installation and integration. Merchant acknowledges that ISO, shall indemnify and hold Merchant Bank and Processor shall remain harmless against losses or damages arising from the sole and exclusive owners acts or omissions of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property Merchant Servicers or Confidential Information are granted hereunder, and all rights therein are expressly reserved.Agents engaged by Xxxxxxxx
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment, and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” "AS‐IS" and without any warranties of merchantability or fitness for a particular purpose, but ISO willProcessorwill, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way thatcustomerscould believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to anythird partyany of the rights to use the program marks.
v. Merchantmay not (ia) indicate or imply that the Card Associations Networks or Bank endorses any endorsesany Merchant goods or goodsor services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services services, or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in this Agreement and the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedRules.
Appears in 1 contract
Samples: Merchant Processing Agreement
Equipment; Supplies; Displays. (a) 7.1 At Merchant’s request, ISO will Clearent may supply Merchant with point-of of-sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Clearent will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets locations in compliance with the Operating Card Brand Rules; however, ISO makes Clearent and Bank make no representations or warranties that ISOClearent’s programming of the POS Equipment furnished by ISO Clearent will operate in compliance with the Operating Card Brand Rules.
(b) 7.2 All ISO and third party POS Equipment and services provided or procured by ISO Clearent under this Merchant Agreement are provided “AS-IS,” but ISO Clearent will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
7.3 Merchant will immediately notify Clearent of the third party it chooses to use or lease POS Equipment from (c“Third Party Terminals”) to process Transactions. If Merchant acknowledges elects to use Third Party Terminals, Merchant assumes full responsibility and liability for any failure of that ISO third party to comply with the Card Brand Rules, applicable Laws, or this Merchant Agreement. Neither Bank nor Clearent will be responsible for any losses or additional fees incurred by Xxxxxxxx as a result of any error by a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility agent or liability for the POS Equipment supplied to Merchanta malfunction in a Third Party Terminal.
(d) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from 7.4 From time to time, andClearent or POS Equipment supplier may determine that POS Equipment software requires changes or updates. Merchant agrees that equipment which is configured for automatic upgrades may be upgraded by Clearent or POS Equipment supplier whenever Clearent or POS Equipment provider, upon notificationin their sole discretion, determine it to be required. When equipment is not configured for automatic upgrades, Xxxxxxxx will comply with any changes. Merchant will use Transaction forms agrees to assist Clearent or materials provided by Bank only for Transactions which Merchant submits POS Equipment supplier in performing manual software upgrades whenever Clearent or POS Equipment provider, in their sole discretion, determine it to Bankbe required.
(e) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 1 contract
Samples: Merchant Agreement
Equipment; Supplies; Displays. (a) At Merchant’s request, ISO Processor will supply Merchant with point-of sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets in compliance with the Operating Rules; however, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. If Processor supplies Merchant with POS Equipment or other equipment, then Merchant must return such equipment upon termination of this Agreement.
(b) Merchant acknowledges and understands that POS equipment may be supplied to Merchant that is the property of the Processor and is being provided to the Merchant for free use subject to the following conditions and requirements:
(i) Merchant shall be liable for a $500 fee for non-return of POS Equipment if the Merchant terminates or ceases processing under the terms of this Agreement before the expiration of the initial or renewal term of this Merchant Agreement and fails to return the POS Equipment within ten (10) days of termination or of ceasing processing.
(ii) Merchant will be liable for any damages to the POS Equipment from the misuse or negligent use of the POS Equipment;
(iii) Merchant will be liable for any reasonable monthly fee as determined by Processor for paper or other supplies provided by Processor for use with the POS Equipment;
(iv) Processor, at its absolute and sole discretion, may allow for one terminal exchange at no charge, but may charge additional fees for subsequent exchanges; and,
(v) The POS Equipment that is the property of Processor is provided “AS-IS” and that Processor makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s use of the POS Equipment.
(c) All ISO Processor and third party POS Equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” but ISO Processor will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services.
(cd) Merchant acknowledges that ISO Processor or a third party is supplying the POS Equipment and that the Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(de) Merchant will use only the forms for Transactions and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction forms or materials provided by Bank only for Transactions which Merchant submits to Bank.
(ef) Merchant may not (i) indicate or imply that the Card Associations or Bank endorses any Merchant goods or services, (ii) refer to a Card Association or Bank in stating eligibility for Merchant’s products, services or membership, or (iii) use any marks, symbols or logos owned by any Card Association or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reserved.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with pointPOS equipment and/ or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “"AS-IS,” " but ISO Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa and MasterCard and Discover Network approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected under Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating GuideRules.
vi. Merchants processing less than 1 million in annual Visa transactions and using third parties for POS application, provided that any use of Bank’s marksterminal installation and integration must engage Payment Card Industry (PCI) Qualified Integrator Reseller (QIR) professionals to install, symbols or logos shall be in accordance with integrate, and subject to any branding guidelines provided by Banksupport point-of-sale applications and terminal installation and integration. Merchant acknowledges that ISO, shall indemnify and hold Merchant Bank and Processor shall remain harmless against losses or damages arising from the sole and exclusive owners acts or omissions of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property Merchant Servicers or Confidential Information are granted hereunder, and all rights therein are expressly reserved.Agents engaged by Merchant
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with pointPOS equipment and/or Software, including electronic terminals, other processing equipment and, for On-of sale equipment line Debit Card Transactions, PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment and services provided or procured by ISO Processor under this Merchant Agreement are provided “"AS-IS,” " but ISO Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network, American Express, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, Discover Network, and American Express approved decals, program marks and advertising and promotional materials for the Card type(s) that Merchant selected under Section 3.b. Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising and other forms depicting the program marks that are provided to Merchant by Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to any third party any of the rights to use the program marks.
v. Merchant may not (ia) indicate or imply that the Card Associations Networks or Bank endorses any Merchant goods or services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedRules.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Equipment; Supplies; Displays. (a) i. At Merchant’s request, ISO Processor will supply Merchant with point-of sale POS equipment and/or software, including electronic terminals, other processing equipment, and for On‐line Debit Card Transactions and PIN pads (collectively “POS Equipment”) that Merchant may need to process and submit Transactionscomply with the Operating Rules. ISO Processor will use reasonable and good faith efforts to program the POS Equipment to operate at the Merchant Outlets Merchant’s location in compliance with the Operating Rules; however. However, ISO Processor makes no representations or warranties that ISOProcessor’s programming of the POS Equipment furnished by ISO Processor will operate in compliance with the Operating Rules. Merchant acknowledges and agrees that it is Merchant’s obligation to operate POS Equipment in compliance with the Operating Rules.
(b) ii. All ISO and third party POS Equipment software, equipment, and services provided or procured by ISO Processor under this Merchant Agreement are provided “AS-IS,” "AS‐IS" and without any warranties of merchantability or fitness for a particular purpose, but ISO Processor will, at Merchant’s 's expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment software, equipment or services.
(c) Merchant acknowledges that ISO or a third party is supplying the POS Equipment and that Merchant Bank shall have no responsibility or liability for the POS Equipment supplied to Merchant.
(d) iii. Merchant will use only the forms for Transactions Charges and electronic processing formats provided or approved in advance by Bank. Bank may change the forms from time to time, and, upon notification, Xxxxxxxx Merchant will comply with any changes. Merchant will use Transaction Charge forms or materials provided by Bank only for Transactions Charges which Merchant submits to Bank.
(eiv. Merchant shall display Visa, MasterCard, Discover Network, and, if applicable, other Card Network decals, program marks, and advertising and promotional materials in compliance with the Operating Rules. Merchant shall only display Visa, MasterCard, and Discover Network approved decals, program marks, and advertising and promotional materials for the Card type(s) that Merchant selected under Paragraph 3(b). Merchant is prohibited from using each Card Network’s program marks other than as expressly authorized in writing by Merchant Bank. Program marks mean the brands, emblems, trademarks and/or logos that identify the applicable Card Network’s Cards. Additionally, Merchant shall not use the program marks other than to display decals, signage, advertising, and other forms depicting the program marks that are provided to Merchant‐by‐Merchant Bank pursuant to the Merchant program provided for in this Agreement, or otherwise approved in advance in writing by Merchant Bank. Merchant may use the program marks only to promote the services covered by the program marks by using them on decals, indoor and outdoor signs, websites, advertising materials, and marketing materials; provided that all such uses by Merchant must be approved in advance by Merchant Bank in writing. Merchant shall not use the program marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the program marks. Merchant recognizes that it has no ownership rights in the program marks. Merchant shall not assign to anythird partyany of the rights to use the program marks.
v. Merchantmay not (ia) indicate or imply that the Card Associations Networks or Bank endorses any endorsesany Merchant goods or goodsor services, (iib) refer to a Card Association Network or Bank in stating eligibility for Merchant’s 's products, services services, or membership, or (iiic) use any marks, symbols or logos owned by any Card Association Network or Bank for any purpose other than those permitted in this Agreement and the Operating Rules or the Operating Guide, provided that any use of Bank’s marks, symbols or logos shall be in accordance with and subject to any branding guidelines provided by Bank. Merchant acknowledges that ISO, Merchant Bank and Processor shall remain the sole and exclusive owners of their respective intellectual property and Confidential Information (defined below). Except to the extent expressly provided herein, no rights to Bank’s intellectual property or Confidential Information are granted hereunder, and all rights therein are expressly reservedRules.
Appears in 1 contract
Samples: Merchant Processing Agreement
