Merchant’s Obligations Sample Clauses

Merchant’s Obligations. As a condition precedent to SPS-EFT being obligated to perform the SPS-EFT Services, the Merchant shall be obligated to: 2.1 Exclusive Relationship with SPS-EFT. While this Agreement is in effect, Merchant agrees to process all of its check processing transactions through SPS-EFT.

Merchant’s Obligations. 5.1 In addition to all other obligations under this Terms and Conditions and the Processor Terms, Merchant will at all times: (i) fully comply with all provisions and requirements of this Terms and Conditions and the Processor Terms; (ii) provide true, complete, accurate and valid information as requested by Givex and/or Processor in connection with the GivexPay Services and Processing Services, including Registration, and update Givex to ensure such information (including all Merchant Information) remains true, current, complete, accurate and valid; (iii) without derogating from Section 5.1(ii) above, promptly notify Givex writing no more than three (3) days after any of the following occur: (a) Merchant is the subject of any voluntary or involuntary bankruptcy or insolvency application, petition or proceeding, receivership, or similar action; (b) there is a materially adverse change in Merchant’s financial condition; (c) there is a planned or anticipated liquidation or substantial change in the basic nature of Merchant’s business;

Merchant’s Obligations. 9.2.1 With respect to any Terminal, the Merchant agrees to: A) leave any such Terminal, other than a Cellular Terminal or a Mobile Keypad, at the Place of Business where it was originally installed, except with the written authorization of the Federation; B) at its own expense, provide in each of its Places of Business where Terminals are to be set up, a convenient site to install said Terminal in accordance with the appropriate installation conditions provided in the Guides and Instructions; C) maintain communication between all Terminals installed in the Place of Business and the Desjardins Data Centre, in order to allow for the appropriate updating of the software and applications on such Terminals. In the event the Merchant fails to comply with this obligation or to obtain the Federation’s authorization before interrupting such communication, the Merchant shall be liable for any chargeback resulting therefrom, and the Federation reserves the right to cease providing the Desjardins Payment Services to the Merchant and to terminate this Agreement in accordance with the procedure described in Section 20.5. This paragraph does not apply to the Cellular Terminal; D) inform the Terminal troubleshooting department of any service interruption or any malfunction technically preventing it from providing the Desjardins Payment Services as soon as possible after becoming aware of it; E) solely in the case of a Terminal provided by the Federation to the Merchant, use an inked ribbon or a paper roll meeting the Federation’s specifications. The Federation shall in no event be held liable for damages caused to the Merchant or the Cardholder of a Debit Card, Credit Card or Private Label Credit Card in the event of a problem linked to the use of an inked ribbon or a paper roll; F) notify the Federation as promptly as possible of any storage, theft, breakage or destruction of the Terminal, regardless of whether or not the Terminal was provided to it by the Federation. Without limiting the generality of the foregoing, the Merchant shall not, for any reason, attempt to repair, open and/or otherwise alter the Terminal unless it obtains specific authorization from the Federation to do so; G) install, or cause to be installed, and operate all Terminals safely and in accordance with the Federation’s Guides and Instructions; H) add, at its own expense and by a supplier approved by the Federation, the Desjardins Access Keys needed to access the Desjardins Payment Services throug...

Merchant’s Obligations. (a) The Merchant – not Fave – is solely responsible for providing the Merchant Offering, including but not limited to, the supply or delivery of the goods and/or services, Customer service, after-sales-service and return management. The Merchant shall indemnify and holds Fave free from any possible claims from third party or Customer regarding the Merchant Offering, including, but not limited to, claims of personal injury, death or property damage. Issues arising out of or related to the supply of the Merchant Offering by the Merchant to FavePay’s Customer do not affect Fave’s right to retain its Fave Fee. (b) The Merchant shall use FaveBiz and FavePay responsibly and not use it for any unlawful activities, including but not limited to sale of counterfeit items, fraudulent activity, illegal money lending or activity that is in any way related to gambling. Merchant must have title or ownership over the goods and/or services they offer to Customer. (c) The Merchant shall take all reasonable precautions and diligence to prevent any unauthorised use of FaveBiz, FavePay and its QR code.

Merchant’s Obligations. 5.3.3.1 The Merchant acknowledges that compliance with its confidentiality and information security obligations provided in Section 13 of this Agreement is an essential condition to its access to the Secure Payment Gateway and therefore agrees that the Payments completed through its website or Computer Systems and sent via the Secure Payment Gateway are secured and processed accurately and confidentially for its customers. 5.3.3.2 The Merchant acknowledges that any Payments resulting from orders placed online using the Secure Payment Gateway, through either the Control Panel, a data entry field on the Merchant’s website, the Merchant’s Computer Systems or its Virtual Terminal, even if such Payment has been authorized, constitutes a Remote Payment for the purposes of this Agreement. Therefore, the provisions of Section 3.3 hereof shall apply to all such online orders. If, in the event of a breakdown of the Secure Payment Gateway, or in any other circumstances, the Merchant uses its Control Panel or Virtual Terminal to carry out Payments for its customers, it does so at its own risk.

Merchant’s Obligations. The Merchant undertakes to: 7.2.2.1 develop and determine all of the parameters and specifications of the Custom Gift Card Program using the forms provided to that end; 7.2.2.2 assume full responsibility for marketing the Custom Gift Card Program among all of its Participating Merchants as well as for the in-store deployment schedule; 7.2.2.3 be responsible for and maintain control over the access granted to its participating Merchants, provide the Federation with a list of all Merchants that will participate in the program, keep that list updated and inform the Federation of any changes; 7.2.2.4 inform all of its Participating Merchants of the terms and conditions of the Custom Gift Card Program as well as the features to which they will have access once the program is set up; 7.2.2.5 be responsible for creating visuals for the gift cards and card holders, where applicable (graphics and development); 7.2.2.6 comply with the technical specifications provided by the Federation relating to the design and printing of the gift cards; 7.2.2.7 bear all costs associated with printing and distributing the cards and card holders. The cost of having the cards manufactured by a supplier designated and accredited by the Federation will vary depending on the graphics specifications and the volume of cards to be manufactured; 7.2.2.8 bear the cost of adapting its point-of-sale software (where applicable); 7.2.2.9 acknowledge that the Federation is in no way liable for any problem associated with the printing of the gift cards, despite the fact that the supplier retained to print the cards was designated and accredited by the Federation; 7.2.2.10 acknowledge that it shall take delivery of the cards at the place indicated by the Federation and assume the shipping costs; 7.2.2.11 acknowledge that the Federation is not liable for any damages resulting from the loss, theft or alteration of the cards or any fraud committed with them after the cards have been picked up at the place indicated by the Federation pursuant to Section 7.3.10; 7.2.2.12 honour all purchases made with a gift card in its store or in its network of participating stores; 7.2.2.13 take up the defence of the Federation and indemnify it against any claim it may be required to pay should a suit be launched by the holder of a gift card issued under this Agreement relating to the use of such card and, without limiting the generality of the foregoing, any claim for reimbursement of a lost or stolen gift card.

Merchant’s Obligations. 5.2.2.1 The Merchant acknowledges that compliance with its confidentiality and information security obligations provided in Section 13 of this Agreement is an essential condition, and it therefore agrees to ensure that Transactions completed through its website or Computer Systems and sent via a Secure Payment Gateway are secured and processed accurately and confidentially for its customers. 5.2.2.2 The Merchant acknowledges that any Transaction resulting from orders placed over the Internet using a Secure Payment Gateway, even if the said Transaction has been authorized, constitutes a Remote Transaction for the purposes of this Agreement. Therefore, the provisions of Section 3.3 shall apply to any such Transaction. 5.2.2.3 The Merchant shall be responsible for the authenticity of information transmissions received, and must take appropriate action to ensure that the total amounts of Credit Card Transactions or Private Label Credit Card Transactions are transmitted accurately. 5.2.2.4 The Merchant acknowledges that the Federation may have access, either directly or through its authorized representatives or external auditors, to the Merchant’s electronic files to verify the Credit Card Transactions or the Private Label Credit Card Transactions that it has carried out. 5.2.2.5 The Merchant agrees to take the necessary measures so that it can provide its customers with a Statement upon receipt of the authorization response. 5.2.2.6 Notwithstanding Section 20, the Federation reserves the right to terminate this Agreement, at its sole discretion, if it finds a substantial number of chargebacks related to the Transactions made through the Merchant’s website, if the Merchant engages in illegal activities, or if the Merchant changes its purpose or the products or services that it sells without informing the Federation in accordance with Section 3.2.7 hereof. 5.2.2.7 If the Credit Card Transaction or Private Label Credit Card Transaction data are captured by the Merchant’s Computer Systems, the Merchant undertakes to comply with the security rules established and communicated by the Secure Payment Gateway supplier regarding the use of the Transaction Authentication Key, as well as with PCI DSS.

Merchant’s Obligations. The Merchant undertakes to: 8.1. Obtain and familiarize themselves with the Association Rules that are published by the Associations from time to time; 8.2. accept all Cards presented to the Merchant by a Customer and EFT in payment for goods and / or services; 8.3. ensure that it has and shall continue to have and maintain the required Infrastructure in order to make use of the Services and to access the Merchant Portal; 8.4. comply with all the Applicable Laws; 8.5. use the Services on a reasonable continuous basis; 8.6. comply with all Rules, manuals, policies and processes related to the Services; 8.7. facilitate the Transaction on behalf of the Customer in terms of clause 12 below; 8.8. provide VPS with all reports and documents or information as my be required in terms of any Applicable Laws and/or the Association Rules; 8.9. make sure that all the Merchant’s Personnel who process Transactions are sufficiently trained and skilled to do so; 8.10. procure that a Receipt or eReceipt is given or sent to the Customer in respect of every Transaction; 8.11. for each Transaction dispatch the goods or services as soon as reasonably practicable after the Merchant receive an Authorisation; 8.12. display promotional and brand material that VPS may supply to the Merchant from time to time in such a way that the public can clearly see that the Merchant accepts payment methods offered by VPS as Services in terms of this Agreement The Merchant agrees that VPS may advertise and publish to all potential Customers the Services that the Merchant has chosen in terms of this Agreement; 8.13. give VPS, Customer or a Regulator a copy of the relevant Transaction Documents within 7 (seven) days of being requested to submit such Transaction Documents; 8.14. respond promptly to inquiries/complaints from Customers relating to the Services; 8.15. keep all Transaction Documents for at least 180 days after the date of the Transaction; 8.16. not in any way state, imply or create the impression that VPS or any of its affiliates endorse or guarantee any of the Merchant’s goods or services unless such endorsement is given by VPS or any of its affiliates in writing;

Merchant’s Obligations. The Merchant shall: 7.3.2.1 be completely responsible for marketing the Turnkey Gift Card Program for its business, pay the costs relating to the purchase of the gift card kit, pay the cost of point of sale terminal or connectivity (Internet access) changes and pay all other costs related to setting up and using the Turnkey Gift Card Program; 7.3.2.2 acknowledge that it must keep inactive gift cards at its business and be responsible for them; 7.3.2.3 acknowledge that the Federation will not be liable for any damage which may result from the loss, theft or alteration of the gift cards or any fraud committed using the said gift cards after it receives them at its place of business; 7.3.2.4 honour all purchases made using gift cards; 7.3.2.5 indemnify the Federation and hold it harmless with respect to any amount it may be required to pay in the event it is sued by the holder of a gift card issued under this Agreement relating to the use of such card including, without limiting the generality of the foregoing, a claim for reimbursement of a lost or stolen card.

Merchant’s Obligations. 5.4.2.1 The Merchant shall, at its expense: (i) provide and keep the smartphone or other device necessary to use the Mobile Payment Solution; (ii) ensure that its smartphone or other device contains enough memory and data to operate the Mobile Payment Solution; (iii) download the Mobile Application and update it as soon as updates are available.