Common use of General Obligations of The Merchant Clause in Contracts

General Obligations of The Merchant. The Merchant shall: (A) Supply the goods and/or services of The Merchant to the Cardholder who effects a mada - POS transaction at the cash prices of The Merchant, subject to any applicable discounts without imposition of any surcharge, special charge or taking any security from the Cardholder in relation to such transactions; (B) Not use the mada -POS Terminal for any other business and only for transactions directly associated with the Merchants Outlet address and Commercial Registration Number as defined in this Agreement; (C) Ensure that their Merchants trading/brand name and outlet location is printed clearly on the mada - POS Receipt, and is correct; (D) Not set any minimum or maximum amounts in respect of transaction values for a customer using a mada - POS Card; (E) Confirm that the mada - POS equipment and media provided by The Banque Saudi Fransi (Acquiring Bank) or approved by The Banque Saudi Fransi (Acquiring Bank) will be used by The Merchant strictly in accordance with the rules and regulations of mada or any other card scheme agreement; (F) Ensure that any supplied mada -POS equipment is used with due skill and care, and only in the manner and for the purpose in which it is designed and intended. Additionally, in the case of wireless mada POS Terminals, ensure that the equipment is kept fully charged and stored in a safe place. (G) Be responsible for the control and use of The Merchant supervisor card(s) and/or PIN(s) and indemnifies The Banque Saudi Fransi (Acquiring Bank) and agrees to hold The Banque Saudi Fransi (Acquiring Bank) harmless against any direct or indirect damage, loss, claims costs and expenses incurred or suffered by The Banque Saudi Fransi (Acquiring Bank) as a result or in connection with the use of The Merchant supervisor card(s) and/or PIN(s); (H) Be responsible for ensuring that mada Payment Cards are used for performing mada -POS transactions only. (I) Not make any warranty or representation whatsoever in relation to the goods and/or services supplied by The Merchant which may bind The Banque Saudi Fransi (Acquiring Bank) liable in anyway whatsoever; (J) Not make any alteration or modifications to the mada - POS Terminal(s), nor affix or install any accessories, equipment or device thereon or thereto, unless otherwise agreed in writing with the Banque Saudi Fransi (Acquiring Bank); (K) Only use the mada -POS Terminal(s) provided and not use any other card reading device; (L) Not require any Cardholder to pay any part of the fees which The Merchant may be liable to pay hereunder, whether an increase of price or otherwise, or pay any contemporaneous finance charge in connection with the transaction in which the mada Payment Card is used; (M) Ensure that the mada -POS Terminals are operated only by The Merchant’s authorised and trained employees; (N) Ensure that the mada -POS Terminal password (e.g. as used for refunds) is restricted to only suitably qualified senior personnel. Misuse of the Terminal password by Merchant staff fully indemnifies The Banque Saudi Fransi (Acquiring Bank) from and against all actions, claims, losses, charges, costs and damages which The Banque Saudi Fransi (Acquiring Bank) may suffer or incur as a result of The Merchants failure to comply with such password controls; (O) At all times observe and ensure that every member of Merchant staff involved with performing mada -POS transactions observes, at all times, the procedures contained within the Operating Manuals; (P) Shall agree that it will always be responsible for the actions of its employees in respect of performing mada -POS transactions; (Q) Indemnify The Banque Saudi Fransi (Acquiring Bank) against any liability arising from any dispute with the cardholder regarding goods and/or services purchased by means of a mada Payment Card transaction; (R) Ensure that the reconciliation function provided within the mada -POS Terminal(s) is performed daily and adhere to the reconciliation rules as stipulated by The Banque Saudi Fransi (Acquiring Bank). The Merchant shall inform The Banque Saudi Fransi (Acquiring Bank) immediately (or at start of the next working day) if it is unable to perform reconciliation, and the reason(s) thereof; (S) Not misrepresent the attributes and/or operability of the mada -POS Terminal; In the case of the mada POS terminal not working, or perceived not to work by the Merchant, a sign indicating ‘Cash Only’ should be displayed, after obtaining permission for same from the Banque Saudi Fransi (Acquiring Bank). No reference should be made to SAMA, the Banque Saudi Fransi (Acquiring Bank) the telecoms provider. Permission to post the sign must be obtained from the Banque Saudi Fransi in advance. (T) Not submit any mada -POS transaction for the purpose of obtaining or providing a cash advance, unless authorised by The Banque Saudi Fransi (Acquiring Bank) to do so and the transaction is approved as Purchase with Cash-Back (see 8.(g) below), and shall agree that any such act shall be immediate grounds for termination (See Section 34, below); (U) Assume the responsibility for secure storage of all mada -POS ( Paper & Electronic ) Receipts for a period of 2 (two) years after the transaction date ( For paper receipts, store in an environment where the temperature never exceeds 25C and the humidity is kept below %20). Failure to provide The Banque Saudi Fransi (Acquiring Bank) with requested documentation (in readable form either paper or electronic) within, and no later than, 5 (five) bank business days after receipt of such request may result in the mada -POS transaction being charged back to The Merchant, and The Banque Saudi Fransi (Acquiring Bank) shall have the right to debit The Merchant’s account for the full amount of the mada -POS transaction in question. (V) Certify that it will not enter into any other mada Merchant Agreements for The Merchant’s outlet(s) designated in this Agreement. (W) Ensure that the Banque Saudi Fransi (Acquiring Bank) is kept informed of any changes (telephone, fax numbers, persons in charge, etc) is respect of the dayto-day operations of the mada -POS service within their premises. (X) Allow the Banque Saudi Fransi (Acquiring Bank) to make changes to the Merchant Floor Limit and to set the Floor Limit to the value as dictated by scheme rules. (Y) Understands that enabling the refund function is decided by Banque Saudi Fransi (Acquiring Bank) and the Bank has the right to suspend this function at any time. In addition, the refund function should be used only according to the instructions provided by the Bank and that the merchant is aware of the risk associated with the use of the Refund function (if enabled).

Appears in 1 contract

Samples: Mada Pos Standard Merchant Agreement

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General Obligations of The Merchant. The Merchant shall: (A) Supply the goods and/or services of The Merchant to the Cardholder who effects a mada - POS transaction at the cash prices of The Merchant, subject to any applicable discounts without imposition of any surcharge, special charge or taking any security from the Cardholder in relation to such transactions; (B) Not use the mada -POS Terminal for any other business and only for transactions directly associated with the Merchants Outlet address and Commercial Registration Number as defined in this Agreement; (C) Ensure that their Merchants trading/brand name and outlet location is printed clearly on the mada - POS Receipt, and is correct; (D) Not set any minimum or maximum amounts in respect of transaction values for a customer using a mada - POS Card; (E) Confirm that the mada - POS equipment and media provided by The Banque Saudi Fransi (Acquiring Bank) Bank or approved by The Banque Saudi Fransi (Acquiring Bank) Bank will be used by The Merchant strictly in accordance with the rules and regulations of mada or any other card scheme agreement; (F) Ensure that any supplied mada -POS equipment is used with due skill and care, and only in the manner and for the purpose in which it is designed and intended. Additionally, in the case of wireless mada POS Terminals, ensure that the equipment is kept fully charged and stored in a safe place. (G) Be responsible for the control and use of The Merchant supervisor card(s) and/or PIN(s) and indemnifies The Banque Saudi Fransi (Acquiring Bank) Bank and agrees to hold The Banque Saudi Fransi (Acquiring Bank) Bank harmless against any direct or indirect damage, loss, claims costs and expenses incurred or suffered by The Banque Saudi Fransi (Acquiring Bank) Bank as a result or in connection with the use of The Merchant supervisor card(s) and/or PIN(s); (H) Be responsible for ensuring that mada Payment Cards are used for performing mada -POS transactions only. (I) Not make any warranty or representation whatsoever in relation to the goods and/or services supplied by The Merchant which may bind The Banque Saudi Fransi (Acquiring Bank) Bank liable in anyway whatsoever; (J) Not make any alteration or modifications to the mada - POS Terminal(s), nor affix or install any accessories, equipment or device thereon or thereto, unless otherwise agreed in writing with the Banque Saudi Fransi (Acquiring Bank); (K) Only use the mada -POS Terminal(s) provided and not use any other card reading device; (L) Not require any Cardholder to pay any part of the fees which The Merchant may be liable to pay hereunder, whether an increase of price or otherwise, or pay any contemporaneous finance charge in connection with the transaction in which the mada Payment Card is used; (M) Ensure that the mada -POS Terminals are operated only by The Merchant’s authorised and trained employees; (N) Ensure that the mada -POS Terminal password (e.g. as used for refunds) is restricted to only suitably qualified senior personnel. Misuse of the Terminal password by Merchant staff fully indemnifies The Banque Saudi Fransi (Acquiring Bank) Bank from and against all actions, claims, losses, charges, costs and damages which The Banque Saudi Fransi (Acquiring Bank) Bank may suffer or incur as a result of The Merchants failure to comply with such password controls; (O) At all times observe and ensure that every member of Merchant staff involved with performing mada -POS transactions observes, at all times, the procedures contained within the Operating Manuals; (P) Shall agree that it will always be responsible for the actions of its employees in respect of performing mada -POS transactions; (Q) Indemnify The Banque Saudi Fransi (Acquiring Bank) Bank against any liability arising from any dispute with the cardholder regarding goods and/or services purchased by means of a mada Payment Card transaction; (R) Ensure that the reconciliation function provided within the mada -POS Terminal(s) is performed daily and adhere to the reconciliation rules as stipulated by The Banque Saudi Fransi (Acquiring Bank). The Merchant shall inform The Banque Saudi Fransi (Acquiring Bank) Bank immediately (or at start of the next working day) if it is unable to perform reconciliation, and the reason(s) thereof; (S) Not misrepresent the attributes and/or operability of the mada -POS Terminal; In the case of the mada POS terminal not working, or perceived not to work by the Merchant, a sign indicating ‘Cash Only’ should be displayed, after obtaining permission for same from the Banque Saudi Fransi (Acquiring Bank). No reference should be made to SAMA, the Banque Saudi Fransi (Acquiring Bank) Banker the telecoms provider. Permission to post the sign must be obtained from the Banque Saudi Fransi Acquiring Bank in advance. (T) Not submit any mada -POS transaction for the purpose of obtaining or providing a cash advance, unless authorised by The Banque Saudi Fransi (Acquiring Bank) Bank to do so and the transaction is approved as Purchase with Cash-Back (see 8.(g) below), and shall agree that any such act shall be immediate grounds for termination (See Section 34, below); (U) Assume the responsibility for secure storage of all mada -POS ( Paper & Electronic ) Receipts for a period of 2 (two) years after the transaction date ( For paper receipts, store in an environment where the temperature never exceeds 25C and the humidity is kept below %20). Failure to provide The Banque Saudi Fransi (Acquiring Bank) Bank with requested documentation (in readable form either paper or electronic) within, and no later than, 5 (five) bank business days after receipt of such request may result in the mada -POS transaction being charged back to The Merchant, and The Banque Saudi Fransi (Acquiring Bank) Bank shall have the right to debit The Merchant’s account for the full amount of the mada -POS transaction in question. (V) Certify that it will not enter into any other mada Merchant Agreements for The Merchant’s outlet(s) designated in this Agreement. (W) Ensure that the Banque Saudi Fransi (Acquiring Bank) Bank is kept informed of any changes (telephone, fax numbers, persons in charge, etc) is respect of the dayto-day operations of the mada -POS service within their premises. (X) Allow the Banque Saudi Fransi (Acquiring Bank) Bank to make changes to the Merchant Floor Limit and to set the Floor Limit to the value as dictated by scheme rules. (Y) Understands that enabling the refund function is decided by Banque Saudi Fransi (Acquiring Bank) Bank and the Bank has the right to suspend this function at any time. In addition, the refund function should be used only according to the instructions provided by the Bank and that the merchant is aware of the risk associated with the use of the Refund function (if enabled).

Appears in 1 contract

Samples: Mada Pos Standard Merchant Agreement

General Obligations of The Merchant. The Merchant shall: (A) 1. Supply the goods and/or services of The Merchant to the Cardholder who effects a mada - SPAN- POS transaction at the cash prices of The Merchant, subject to any applicable discounts without imposition of any surcharge, special charge or taking any security from the Cardholder in relation to such transactions;transactions either with SPAN cards, Credit Cards or any other approved payment cards. (B) 2. Not use the mada -POS SPAN-POS Terminal for any other business and only for transactions directly associated with the Merchants Outlet address and Commercial Registration Number as defined in this Agreement;. 3. (C) Ensure that their Merchants Merchant’s trading/brand name and outlet location is printed clearly on the mada - SPAN-POS Receipt, and is correct;. (D) 4. Not set any minimum or maximum amounts in respect of transaction values for a customer using a mada - SPAN-POS Card;. (E) 5. Confirm that the mada - SPAN-POS equipment and media provided by The Banque Saudi Fransi (Acquiring Bank) Bank or approved by The Banque Saudi Fransi (Acquiring Bank) Bank will be used by The Merchant strictly in accordance with the rules and regulations of mada SPAN or any other card scheme agreement;. (F) 6. Ensure that any supplied mada -POS SPAN-POS equipment is used with due skill and care, and only in the manner and for the purpose in which it is designed and intended. Additionally, in the case of wireless mada SPAN-POS Terminals, ensure that the equipment is kept fully charged and stored in a safe place. (G) 7. Be responsible for the control and use of The Merchant supervisor card(s) and/or PIN(s) and indemnifies The Banque Saudi Fransi (Acquiring Bank) Bank and agrees to hold The Banque Saudi Fransi (Acquiring Bank) Bank harmless against any direct or indirect damage, loss, claims costs and expenses incurred or suffered by The Banque Saudi Fransi (Acquiring Bank) Bank as a result or in connection with the use of The Merchant supervisor card(s) and/or PIN(s);. (H) 8. Be responsible for ensuring that mada SPAN Payment Cards and Credit Cards or any other payment cards are used for performing mada -POS PoS transactions only. (I) 9. Not make any warranty or representation whatsoever in relation to the goods and/or services supplied by The Merchant which may bind The Banque Saudi Fransi (Acquiring Bank) Bank liable in anyway whatsoever;. (J) 10. Not make any alteration or modifications to the mada - SPAN-POS Terminal(s), nor affix or install any accessories, equipment or device thereon or thereto, unless otherwise agreed in writing with the Banque Saudi Fransi (Acquiring Bank);. (K) 11. Only use the mada -POS SPAN-POS Terminal(s) provided and not use any other card reading device; (L) 12. Not require any Cardholder to pay any part of the fees (Whether amount originated from SPAN card, Credit Card or any other payment card) which The Merchant may be liable to pay hereunder, whether an increase of price or otherwise, or pay any contemporaneous finance charge in connection with the transaction in which the mada SPAN Payment Card is used;used or any other fees that the Acquiring Bank may impose on the Merchant. (M) 13. Ensure that the mada -POS SPAN-POS Terminals are operated only by The Merchant’s authorised authorized and trained employees;. (N) 14. Ensure that the mada -POS SPAN-POS Terminal password (e.g. as used for refunds) is restricted to only suitably qualified senior personnel. Misuse of the Terminal password by Merchant staff fully indemnifies The Banque Saudi Fransi (Acquiring Bank) Bank from and against all actions, claims, losses, charges, costs and damages which The Banque Saudi Fransi (Acquiring Bank) Bank may suffer or incur as a result of The Merchants failure to comply with such password controls;, and in case of misusing the password or any associated PoS functionality, the Merchant agrees to bear all financial losses, damages and/or cost that result from such action. (O) 15. At all times observe and ensure that every member of Merchant staff involved with performing mada -POS SPAN-POS transactions observes, at all times, the procedures contained within the Operating Manuals;. (P) 16. Shall agree that it will always be responsible for the actions of its employees in respect of performing mada -POS SPAN-POS transactions;. (Q) 17. Indemnify The Banque Saudi Fransi (Acquiring Bank) Bank against any liability arising from any dispute with the cardholder regarding goods and/or services purchased by means of a mada SPAN Payment Card transaction;. (R) 18. Ensure that the reconciliation function provided within the mada -POS SPAN-POS Terminal(s) is performed daily and adhere to the reconciliation rules as stipulated by The Banque Saudi Fransi (Acquiring Bank). The Merchant shall inform The Banque Saudi Fransi (Acquiring Bank) Bank immediately (or at start of the next working day) if it is unable to perform reconciliation, and the reason(s) thereof;. (S) 19. Failure to do the daily reconciliation by the Merchant, The Merchant will fully indemnify The Acquiring Bank from and against all actions, claims, losses, charges, costs and damages which The Acquiring Bank may suffer or incur as a result of The Merchants failure to comply with timely receipt/bank reconciliation. 20. If the Merchant does not perform a reconciliation for two consecutive days, The Acquiring Bank reserves the full right to charge the Merchant a fee of SR “50” for each day starting from the second day. 21. Not misrepresent the attributes and/or operability of the mada -POS SPAN-POS Terminal; In in the case of the mada SPAN-POS terminal not working, or perceived not to work by the Merchant, a sign indicating ‘Cash Only’ should be displayed, after obtaining permission for same from the Banque Saudi Fransi (Acquiring Bank). No reference should be made to SAMA, the Banque Saudi Fransi (Acquiring Bank) Banker and the telecoms provider. Permission to post the sign must be obtained from the Banque Saudi Fransi Acquiring Bank in advance. (T) 22. Not submit any mada -POS SPAN-POS transaction for the purpose of obtaining or providing a cash advance, unless authorised by The Banque Saudi Fransi (Acquiring Bank) Bank to do so and the transaction is approved as Purchase with Cash-Back (see 8.(g) below), and shall agree that any such act shall be immediate grounds for termination (See Section 34, below);. (U) Assume 23. Assumes the responsibility for secure storage (an environment where the temperature never exceeds 25°C and the humidity is kept below 20%) of all mada -POS ( Paper & Electronic ) SPAN-POS Receipts for a period of 2 (two) years after the transaction date ( For paper receipts, store in an environment where the temperature never exceeds 25C and the humidity is kept below %20)date. Failure to provide The Banque Saudi Fransi (Acquiring Bank) Bank with requested documentation (in readable form either paper or electronicform) within, and no later than, 5 (five) bank business days after receipt of such request may result in the mada -POS SPAN-POS transaction being charged back to The Merchant, and The Banque Saudi Fransi (Acquiring Bank) Bank shall have the right to debit The Merchant’s account account(s) for the full amount of the mada -POS SPAN-POS transaction in question. (V) 24. Certify that it will not enter into any other mada SPAN Merchant Agreements for The Merchant’s outlet(s) designated in this Agreement. (W) 25. Ensure that the Banque Saudi Fransi (Acquiring Bank) Bank is kept informed of any changes (telephone, fax numbers, persons in charge, etc) is respect of the daytoday-to-day operations of the mada -POS SPAN-POS service within their premises. (X) 26. Allow the Banque Saudi Fransi (Acquiring Bank) Bank to make changes to the Merchant Floor Limit and to set the Floor Limit to the value as dictated by scheme rules. 27. In case of any financial claims, Merchant should contact 000000000 to generate a claim with a reference number. • When generating a claim, ensure to capture terminal number correctly in the system (Y) Understands that enabling 8) numbers. • For SPAN & Credit Card claims, each has to be reported separately. • For each transaction and/or reconciliation, a separate claim must be issued to avoid claim rejection. • Merchants must provide the refund function is decided by Banque Saudi Fransi (bank with all required/related documents when opening a ticket to avoid claim rejection. • For SPAN claims, a copy of the transaction with its reconciliation must be opened separately and uploaded when generating the claim. • SPAN claims should be reported within 75 days of the disputed transaction’s date. • Credit Cards Claims should be opened separately and without the reconciliation copy. • Credit Cards claims should be reported within 7 days of the dispute transaction’s date. • The Acquiring Bank) and the Bank has the right to suspend deduct the transaction amount from the Merchants account in case of any objection received form the cardholder, and especially if the merchant fails to fulfill any of the mentioned clauses in this function at any timeagreement. In addition• For Credit Card claims, the refund function should merchant shall attach a letter containing a commitment to pay the Credit Cards amounts which fall under the following terms: • If the claim is generated after 3 days or more from the transaction date. • If the receipt does not bear the card holder signature(s). • The receipt(s) does not bear an authorization number. • Amending/registering the data of the Card holder manually on the receipt. • Merchants have to contact AMEX directly for any financial claims, as such claims cannot be used only according processed through NCB. Avoid Credit Card Fraud The Merchant must adhere to the instructions provided by below strictly which will help in processing PoS transaction safely. The Acquiring Bank will not be responsible for any misuse of the Bank and terminal during or before the transaction. 1. The Merchant has to ensure that the merchant card is aware not forged or stolen by checking the followings: i. Compare the name on the bearer’s identity card or passport or residential permit with the name embossed on the credit card, where both names should match identically. ii. Check the photo on the identity card, as well as comparing the name on the identity card with the name embossed on the Credit Card especially for transactions exceeding SR 5000. 2. The Merchant should not split the transaction amount on multiple transactions by suing one payment card whatsoever. 3. Inform the customer not to use his Credit Card incorrectly (i.e. A customer uses more than one Credit Card without knowing his/her accounts balance). 4. After completing the purchase transactions through the terminal, the Merchant must compare the last four digits of the risk associated Credit Card with the use of card number printed on the Refund function (receipt, if enabled)they are different, then the Credit Card is irregular and the Merchant should not deliver the goods to the cardholder, and communicate immediately with the Acquiring Bank in this regard.

Appears in 1 contract

Samples: Merchant Services Agreement

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General Obligations of The Merchant. The Merchant shall: (A) 1. Supply the goods and/or services of The Merchant to the Cardholder who effects a mada - MADA-POS transaction at the cash prices of The Merchant, subject to any applicable discounts without imposition of any surcharge, special charge or taking any security from the Cardholder in relation to such transactions;transactions either with MADA cards, Credit Cards or any other approved payment cards. (B) 2. Not use the mada -POS MADA-POS Terminal for any other business and only for transactions directly associated with the Merchants Outlet address and Commercial Registration Number as defined in this Agreement;. 3. (C) Ensure that their Merchants Merchant’s trading/brand name and outlet location is printed clearly on the mada - MADA-POS Receipt, and is correct;. (D) 4. Not set any minimum or maximum amounts in respect of transaction values for a customer using a mada - MADA-POS Card;. (E) 5. Confirm that the mada - MADA-POS equipment and media provided by The Banque Saudi Fransi (Acquiring Bank) Bank or approved by The Banque Saudi Fransi (Acquiring Bank) Bank will be used by The Merchant strictly in accordance with the rules and regulations of mada MADA or any other card scheme agreement;. (F) 6. Ensure that any supplied mada -POS MADA-POS equipment is used with due skill and care, and only in the manner and for the purpose in which it is designed and intended. Additionally, in the case of wireless mada MADA-POS Terminals, ensure that the equipment is kept fully charged and stored in a safe place. (G) 7. Be responsible for the control and use of The Merchant supervisor card(s) and/or PIN(s) and indemnifies The Banque Saudi Fransi (Acquiring Bank) Bank and agrees to hold The Banque Saudi Fransi (Acquiring Bank) Bank harmless against any direct or indirect damage, loss, claims costs and expenses incurred or suffered by The Banque Saudi Fransi (Acquiring Bank) Bank as a result or in connection with the use of The Merchant supervisor card(s) and/or PIN(s);. (H) 8. Be responsible for ensuring that mada MADA Payment Cards and Credit Cards or any other payment cards are used for performing mada -POS PoS transactions only. (I) 9. Not make any warranty or representation whatsoever in relation to the goods and/or services supplied by The Merchant which may bind The Banque Saudi Fransi (Acquiring Bank) Bank liable in anyway whatsoever;. (J) 10. Not make any alteration or modifications to the mada - MADA-POS Terminal(s), nor affix or install any accessories, equipment or device thereon or thereto, unless otherwise agreed in writing with the Banque Saudi Fransi (Acquiring Bank);. (K) 11. Only use the mada -POS MADA-POS Terminal(s) provided and not use any other card reading device;; ةكبشلا راعشل ةلماحلا عفدلا تاقاطب .6 تايلمعلا وأ تاعوفدملل ةيدوعسلا ةيصخشلا فيرعتلا ماقرأ ىلع ةدمتعلما :رجاتلا ىلع ةماع تامازتلا .7 :رجاتلا ىلع بجي ءارشلا ةيلمعب موقي يذلا ةقاطبلا لماح ىلإ رجاتلا تامدخ وأ/و عئاضب ميدقت .1 راعسأب كلذو ،تاعوفدملل ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةمدخ ربع نودو ،رجاتلا لبق نم ةقبطم تاموصخ ةيأ حنم عم رجاتلاب ةصاخلا ًادقن عيبلا لماح نم نيمأت وأ ةلومع ةيأ يضاقت وأ ًادقن عيبلا راعسأ ىلع ةدايز ةيأ ضرف ةيدوعسلا ةكبشلا تاقاطب مادختساب ءاوس ،ةيلمعلا هذه صوصخب ةقاطبلا .ىرخا عفد ةقاطب يأ وأ ةينامتئلاا تاقاطبلا وأ/و تاعوفدملل يف تاعوفدملل ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةزهجأ مادختسا مدع .2 حوضوب ةعوبطم هعورف عقوم وأ ةلجسملا هتملاع وأ رجاتلا مسا نأ نم دكأتلا .3 ةعباتلا عيبلا طاقن ةمدخ تايلمع ةميقل ىلعأ وأ ىندأ دح يأ ضرف مدع .4 ةكبشلل ةعباتلا عيبلا طاقن ةمدخب ةصاخلا لئاسولاو ةزهجأ نأ نم دكأتلا .5 مدختستس هنم ةدمتعملا وأ رجاتلا كنب نم ةمدقملا تاعوفدملل ةيدوعسلا يأ وأ تاعوفدملل ةيدوعسلا ةكبشلا دعاوقو حئاولل اًقفو رجاتلا لبق نم طقف .ىرخأ عفد تاقاطبب لماعت ةيقافتا تاعوفدملل ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةزهجأ مادختسا نم دكأتلا .6 مقرلا نعو ةيفارشلإا رجاتلا تاقاطب/ةقاطب مادختساو ةبقارم ةيلوؤسم يلوت .7 هتيامح ىلع ةقفاوملاو رجاتلا كنب ضيوعت نامضو ةيرسلا ماقرلأا/يرسلا يلأ وأ تابلاطم وأ ةراسخ وأ ،رشابم ريغ وأ رشابم ررض يأ نع ًاديعب هئاقبإو رجاتلا تاقاطب/ةقاطب مادختسا ةجيتن رجاتلا كنب اهلمحتي تاقفن وأ فيلاكت .ةيرسلا هماقرأ/همقر وأ ةيفارشلإا تاعوفدملل ةيدوعسلا ةكبشلا تاقاطب مادختسا نامض نع ةيلوؤسملا لمحت .8 اميف عون يأ نم ةيلوؤسم ةيأ رجاتلا كنب ليمحت وأ نامض يأ ميدقت مدع .9 ةكبشلل ةعباتلا عيبلا طاقن ةزهجأ ىلع تلايدعت وأ رييغت يأ ءارجإ مدع .10 ةمدقملا تاعوفدملل ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةزهجأ مادختسا .11 (L) 12. Not require any Cardholder to pay any part of the fees (Whether amount originated from MADA card, Credit Card or any other payment card) which The Merchant may be liable to pay hereunder, whether an increase of price or otherwise, or pay any contemporaneous finance charge in connection with the transaction in which the mada MADA Payment Card is used;used or any other fees that the Acquiring Bank may impose on the Merchant. (M) 13. Ensure that the mada -POS MADA-POS Terminals are operated only by The Merchant’s authorised authorized and trained employees;. (N) 14. Ensure that the mada -POS MADA-POS Terminal password (e.g. as used for refunds) is restricted to only suitably qualified senior personnel. Misuse of the Terminal password by Merchant staff fully indemnifies The Banque Saudi Fransi (Acquiring Bank) Bank from and against all actions, claims, losses, charges, costs and damages which The Banque Saudi Fransi (Acquiring Bank) Bank may suffer or incur as a result of The Merchants failure to comply with such password controls;, and in case of misusing the password or any associated PoS functionality, the Merchant agrees to bear all financial losses, damages and/or cost that result from such action. (O) 15. At all times observe and ensure that every member of Merchant staff involved with performing mada -POS MADA-POS transactions observes, at all times, the procedures contained within the Operating Manuals;. (P) 16. Shall agree that it will always be responsible for the actions of its employees in respect of performing mada -POS MADA-POS transactions;. (Q) 17. Indemnify The Banque Saudi Fransi (Acquiring Bank) Bank against any liability arising from any dispute with the cardholder regarding goods and/or and/ or services purchased by means of a mada MADA Payment Card transaction;. (R) 18. Ensure that the reconciliation function provided within the mada -POS MADA-POS Terminal(s) is performed daily and adhere to the reconciliation rules as stipulated by The Banque Saudi Fransi (Acquiring Bank). The Merchant shall inform The Banque Saudi Fransi (Acquiring Bank) Bank immediately (or at start of the next working day) if it is unable to perform reconciliation, and the reason(s) thereof;. (S) 19. Failure to do the daily reconciliation by the Merchant, The Merchant will fully indemnify The Acquiring Bank from and against all actions, claims, losses, charges, costs and damages which The Acquiring Bank may suffer or incur as a result of The Merchants failure to comply with timely receipt/ bank reconciliation. 20. If the Merchant does not perform a reconciliation for two consecutive days, The Acquiring Bank reserves the full right to charge the Merchant a fee of SR “50” for each day starting from the second day. 21. Not misrepresent the attributes and/or operability of the mada -POS MADA-POS Terminal; In in the case of the mada MADA-POS terminal not working, or perceived not to work by the Merchant, a sign indicating ‘Cash Only’ should be displayed, after obtaining permission for same from the Banque Saudi Fransi (Acquiring Bank). No reference should be made to SAMA, the Banque Saudi Fransi (Acquiring Bank) Banker and the telecoms provider. Permission to post the sign must be obtained from the Banque Saudi Fransi Acquiring Bank in advance. (T) 22. Not submit any mada -POS MADA-POS transaction for the purpose of obtaining or providing a cash advance, unless authorised by The Banque Saudi Fransi (Acquiring Bank) Bank to do so and the transaction is approved as Purchase with Cash-Back (see 8.(g) below), and shall agree that any such act shall be immediate grounds for termination (See Section 34, below);. تاعوفدملل ةيدوعسلا ةكبشلا تاقاطب تناك ءاوس( ةقاطبلا لماح ليمحت مدع .12 دق يتلا موسرلا نم ءزج يأ )ىرخأ عفد تاقاطب ةيأو ةينامتئلاا تاقاطبلا وأ/و راعسلأا ةدايزب ءاوس ،ةيقافتلاا هذه بجومب اهعفد نع لاً وؤسم رجاتلا نوكي ةفلكت يأ عفد وأ ،كلذ ريغ وأ رجاتلا ىلع رجاتلا كنب اهضرفي موسر ضرف وأ ةعباتلا عيبلا طاقن ةزهجأ ربع ةمدختسملا تاقاطبلاب قلعتت ةبولطم ليومت .تاعوفدملل ةيدوعسلا ةكبشلل متي تاعوفدملل ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةزهجأ نأ نم دكأتلا .13 ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن زاهجب ةصاخلا رورملا ةملك نأ نم دكأتلا .14 ةمدخ ربع غلابملا عاجرتسا يف مدختست امدنع ،لاثملا ليبس ىلع( تاعوفدملل ثيح ؛اًبسانم لاً يهأت نيلهؤملا نيفظوملا رابك ىلع طقف رصتقت )عيبلا طاقن كنبب قحلت نأ نكمي ،رجاتلا فرط نم رورملا ةملك مادختسلا ةءاسإ ةيأ نأ ءارج رجاتلا كنب اهنم يناعي يتلا رارضلأاو فيلاكتلاو موسرلاو رئاسخلا رجاتلا رجاتلا لمحت ،كلذ ىلع بترتي و .رسلا ةملك طباوضب مازتللاا يف رجاتلا لشف دنبلا سفن يف ةروكذملا( تاعبتلا عيمجو رئاسخلاو تاضيوعتلاو رارضلأا ةفاك .يرسلا مقرلا مادختسا ءوس ةجيتن كلذو ،رجاتلا كنب قحلت دق يتلا )ص ةعباتلا عيبلا طاقن ةمدخ تلاماعم ءادأ ءانثأ رجاتلا يفظوم ةبقارم نامض .15 اميف هيفظوم تافرصت نع لاً وؤسم امئاد نوكيس رجاتلا نأ ىلع قافتلاا .16 ةقاطبلا لماح عم فلاخ يأ نع ةمجان ةيلوؤسم يأ نع رجاتلا كنب ضيوعت .17 ةيدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةزهجلأ ةنزاوملا ةيلمع مامتإ نم دكأتلا .18 صوصنملا وحنلا ىلع ةنزاوملا دعاوقب كسمتلاو ةيموي ةروصب تاعوفدملل يف وأ( هدكأت روف كنبلا غلابإ رجاتلا ىلع بجيو .رجاتلا كنب لبق نم هيلع حاضيإو ةنزاوملا ةيلمع ءادأ ىلع هتردق مدع نم )يلاتلا لمعلا موي ةيادب كنب ضيوعت نامض متي ،ةيمويلا ةنزاوملا ةيلمعب رجاتلا مايق مدع لاح يف .19 ةعباتلا عيبلا طاقن ةزهجأ/زاهج ىلع ةيوستلا لمعب رجاتلا مايق مدع لاح يف .20 ةكبشلل ةعباتلا عيبلا طاقن ةزهجأ ليغشت سسأ وأ/و تامس فيرحت مدع .21 رجاتلا غلابإ وأ ةزهجلأا هذه نم يأ لطع لاح يفو .تاعوفدملل ةيدوعسلا لوصحلا بجي هنإف ،»طقف دقن« ىلإ ريشت ةملاع روهظ وأ زاهجلا لطعب يبرعلا دقنلا ةسسؤم غلابإ مدعو ،فرصتلل ًامدقم رجاتلا كنب نم نذإ ىلع .تلااصتلاا دوزم وأ يدوعسلا ةكبشلل ةعباتلا عيبلا طاقن ةمدخ تايلمع نم ةيلمع يأ مادختسا مدع .22 نذأي مل ام ،اًمدقم دقن ريفوت وأ ىلع لوصحلا ضرغب تاعوفدملل ةيدوعسلا Pur�( دقنلا ىلع لوصحلا عم ءارش ةيلمعك ةلوبقم ةيلمعلاو رجاتلا كنب كلذب ليبقلا اذه نم لمع يأو ،)هاندأ )د( 8 ةداملا رظنأ( ،)chase with Cashback .)هاندأ 34 مسقلا رظنأ( ةيقافتلال يروف ءاهنلإ ًاببس نوكيس (U) Assume 23. Assumes the responsibility for secure storage (an environment where the temperature never exceeds 25°C and the humidity is kept below 20%) of all mada -POS ( Paper & Electronic ) MADA-POS Receipts for a period of 2 (two) years after the transaction date ( For paper receipts, store in an environment where the temperature never exceeds 25C and the humidity is kept below %20)date. Failure to provide The Banque Saudi Fransi (Acquiring Bank) Bank with requested documentation (in readable form either paper or electronicform) within, and no later than, 5 (five) bank business days after receipt of such request may result in the mada -POS MADA-POS transaction being charged back to The Merchant, and The Banque Saudi Fransi (Acquiring Bank) Bank shall have the right to debit The Merchant’s account account(s) for the full amount of the mada -POS MADA-POS transaction in question. (V) 24. Certify that it will not enter into any other mada MADA Merchant Agreements for The Merchant’s outlet(s) designated in this Agreement. (W) 25. Ensure that the Banque Saudi Fransi (Acquiring Bank) Bank is kept informed of any changes (telephone, fax numbers, persons in charge, etc) is respect of the daytoday-to-day operations of the mada -POS MADA-POS service within their premises. (X) 26. Allow the Banque Saudi Fransi (Acquiring Bank) Bank to make changes to the Merchant Floor Limit and to set the Floor Limit to the value as dictated by scheme rules. (Y) 27. Understands that enabling the refund function is decided by Banque Saudi Fransi (Acquiring Bank) Bank and the Bank has the right to suspend this function at any time. In addition, the refund function should be used only according to the instructions provided by the Bank and that the merchant is aware of the risk associated with the use of the Refund function (if enabled).

Appears in 1 contract

Samples: Merchant Services Agreement

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