Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that: 4.1 Merchant has abided by this Merchant Agreement, and all applicable laws and Operating Rules; 4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement; 4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management; 4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed; 4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose; 4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing; 4.7 The Transaction is not subject to any dispute, set-off or counterclaim; 4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide; 4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction; 4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement; 4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms; 4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
Appears in 10 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants covenants that:
4.1 : (a) all information contained in the Application or any other documents delivered to Bank or ISO in connection therewith is true and complete and properly reflects Merchant's business, financial condition and principal partners, owners or officers; (b) Merchant has abided by power to execute, deliver and perform this Merchant Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all applicable laws licenses, if any, required to conduct its business and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing is qualified to be bound by this Merchant Agreement;
4.3 There have been do business in every jurisdiction where it is required to do so; (d) there is no materially adverse changes in information provided in the Merchant Application action, suit or proceeding at law or in equity now pending or to Merchant’s 's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition, condition or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction operations; (e) each Sales Draft presented to Bank for collection is genuine and arises from is not the result of any fraudulent or prohibited Transaction or is not being deposited on behalf of any business other than Merchant as authorized by this Agreement; (f) each Sales Draft is the result of a bona fide sale Card Transaction for the purchase of merchandise goods or services from Merchant by Merchant, represents a valid obligation for the Cardholder in the total amount shown stated on the Sales Draft; (g) Merchant has performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction Receipt evidenced thereby; (h) Merchant has complied with Settlor's procedures for accepting Cards, and the Card Transaction itself does not involve the use any element of the Card credit for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or purposes other encumbrances on itthan as set forth in this Agreement, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any defense, dispute, set-off offset or counterclaim;counterclaim which may be raised by any Cardholder under the Card Associations' rules, the Consumer Credit Protection Act (15 USC §1601) or other relevant state or federal statutes or regulations; and (i) any Credit Voucher which it issues represents a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by Bank.
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is trueArticle III- Presentment, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legalPayment, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this Merchant Agreement;Chargeback
Appears in 9 contracts
Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this the Merchant Agreement, and all applicable laws , the Operating Rules and the Operating RulesGuide;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this the Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant Xxxxxxxx has the full power and authority to execute the Merchant Application and to enter into this the Merchant Agreement;
4.11 This The Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this the Merchant Agreement;
Appears in 8 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this the Merchant Agreement, and all applicable laws , the Operating Rules and the Operating RulesGuide;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this the Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this the Merchant Agreement;
4.11 This The Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this the Merchant Agreement;
Appears in 7 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this the Merchant Agreement, and all applicable laws and laws, the Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this the Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 Each statement on the Transaction Receipt is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant Xxxxxxxx has the full power and authority to execute the Merchant Application and to enter into this the Merchant Agreement;
4.11 This The Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this the Merchant Agreement;
Appears in 7 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants covenants that:
4.1 Merchant has abided by this Merchant Agreement, and : (a) all applicable laws and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application or any other documents delivered to Servicer in connection therewith is true and complete and properly reflects Merchant's business, financial condition and principal partners, owners or officers; (b) Merchant has power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is no action, suit or proceeding at law or in equity now pending or to Merchant's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations; (e) each Sales Draft presented to Servicer for collection is genuine and is not the result of any fraudulent or prohibited Transaction or is not being deposited on behalf of any business other than Merchant as authorized by this Agreement;; (f) each Sales Draft is the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Sales Draft; (g) Merchant has performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction evidenced thereby; (h) Merchant has complied with Servicer's procedures for accepting Cards, and the Card Transaction itself does not involve any element of credit for any other purposes other than as set forth in this Agreement, and is not subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Brands' rules, the Consumer Credit Protection Act (15 USC §1601) or other relevant state or federal statutes or regulations; and (i) any Credit Voucher which it issues represents a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by Servicer.
Appears in 4 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a TransactionCharge, Merchant represents and warrants that:
4.1 A. Merchant has abided by this Merchant Agreement, and all applicable laws and Operating RulesRules for the Charge;
4.2 B. Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 C. There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 D. Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 E. The Transaction Charge is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt Charge Record and does not involve the use of the Card for any other purpose;
4.6 F. Merchant has title to the Transaction and Transaction ReceiptCharge, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction Charge for processing;
4.7 G. The Transaction Charge is not subject to any dispute, set-off or counterclaim;
4.8 H. The Transaction Charge has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 I. Each statement on the Transaction Receipt Charge is true, and Merchant has no knowledge of facts that would impair the validity valid or collectability of the amount of the TransactionCharge;
4.10 J. Merchant has completed only one Charge per sale, one Charge per shipment of merchandise where the Cardholder has agreed to partial shipments;
K. The person who executes the Merchant Application on behalf of the Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 L. This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 M. Merchant shall submit Transactions transactions and/or Charge only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
N. Merchant has the power and authority to authorize the automatic funds transfer provided for in Section 14.8 of this Agreement;
O. The Settlement Account described in Section 14 of the Agreement is owned and controlled by the Merchant and is a valid account for processing debit and credit transactions under this Agreement.
Appears in 3 contracts
Samples: Clearing and Settlement Services Agreement (Transfirst Holdings Corp.), Clearing and Settlement Services Agreement (Transfirst Holdings Corp.), Clearing and Settlement Services Agreement (TransFirst Inc.)
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants covenants that:
4.1 Merchant has abided by this Merchant Agreement, and : (a) all applicable laws and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application or any other documents delivered to Bank in connection therewith is true and complete and properly reflects Merchant's business, financial condition and principal partners, owners or officers; (b) Merchant has power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is no action, suit or proceeding at law or in equity now pending or to Merchant's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations; (e) each Sales Draft presented to Bank for collection is genuine and is not the result of any fraudulent or prohibited Transaction or is not being deposited on behalf of any business other than Merchant as authorized by this Agreement;; (f) each Sales Draft is the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Sales Draft; (g) Merchant has performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction evidenced thereby; (h) Merchant has complied with Bank's procedures for accepting Cards, and the Card Transaction itself does not involve any element of credit for any other purposes other than as set forth in this Agreement, and is not subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations' rules, the Consumer Credit Protection Act (15 USC §1601) or other relevant state or federal statutes or regulations; and (i) any Credit Voucher which it issues represents a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by Bank.
Appears in 3 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a TransactionCharge, Merchant represents and warrants that:
4.1 a. Merchant has abided by this Merchant Agreement, and all applicable laws and Operating RulesRules for the Charge;
4.2 b. Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 c. There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 d. Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 e. The Transaction Charge is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt Charge Record and does not involve the use of the Card for any other purpose;
4.6 f. Merchant has title to the Transaction and Transaction ReceiptCharge, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction Charge for processing;
4.7 g. The Transaction Charge is not subject to any dispute, set-off or counterclaim;
4.8 h. The Transaction Charge has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 i. Each statement on the Transaction Receipt Charge is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the TransactionCharge;
4.10 j. Merchant has completed only one Charge per sale, or one Charge per shipment of merchandise where the Cardholder has agreed to partial shipments;
k. The person who executes the Merchant Application on behalf of the Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 l. This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 m. Merchant shall submit Transactions transactions and/or Charges only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
n. Merchant has the power and authority to authorize the automatic funds transfer provided for in Section 14.h;
o. The Settlement Account described in Section 14 is owned and controlled by the Merchant and is a valid account for processing debit and credit transactions under this Agreement.
p. That Merchant will immediately notify Merchant Bank and Processor of any material changes to any information provided herein including but not limited to a change in Merchant’s legal entity, location, business type, or the types of goods and services offered for sale by Merchant.
q. Merchant is not (i) a Sanctioned Person, under any of the regulations of the Office of Foreign Assets Control of the U.S. Treasury, (ii) located in or operating under a license issued by a jurisdiction whose government has been identified by the U.S. Department of State as a sponsor of international terrorism under 22 U.S.C. 2371 or 50 U.S.C. App. 2405(j), (iii) located in or operating under a license issued by a jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the U.S. is a member, or (iv) located in or operating under a license issued by a jurisdiction that has been designated by the U.S. Secretary of Treasury pursuant to 31 U.S.C. 5318A as warranting special measures due to money laundering concerns.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this the Merchant Agreement, and all applicable laws and , the Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this the Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 Each statement on the Transaction Receipt is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant Xxxxxxxx has the full power and authority to execute the Merchant Application and to enter into this the Merchant Agreement;
4.11 This The Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this the Merchant Agreement;
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a TransactionCharge, Merchant represents and warrants that:
4.1 A. Merchant has abided by this Merchant Agreement, and all applicable laws and Operating RulesRules for the Charge;
4.2 B. Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 C. There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 D. Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 E. The Transaction Charge is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt Charge Record and does not involve the use of the Card for any other purpose;
4.6 F. Merchant has title to the Transaction and Transaction ReceiptCharge, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction Charge for processing;
4.7 G. The Transaction Charge is not subject to any dispute, set-off or counterclaim;
4.8 H. The Transaction Charge has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 I. Each statement on the Transaction Receipt Charge is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the TransactionCharge;
4.10 J. Merchant has completed only one Charge per sale, or one Charge per shipment of merchandise where the Cardholder has agreed to partial shipments;
K. The person who executes the Merchant Application on behalf of the Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 L. This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 M. Merchant shall submit Transactions transactions and/or Charges only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
N. Merchant has the power and authority to authorize the automatic funds transfer provided for in Section 14.8 of this Agreement;
O. The Settlement Account described in Section 14 of this Agreement is owned and controlled by the Merchant and is a valid account for processing debit and credit transactions under this Agreement.
Appears in 2 contracts
Samples: Clearing and Settlement Services Agreement (Transfirst Holdings Corp.), Clearing and Settlement Services Agreement (Transfirst Holdings Corp.)
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this the Merchant Agreement, and all applicable laws and laws, the Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this the Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 Each statement on the Transaction Receipt is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant Xxxxxxxx has the full power and authority to execute the Merchant Application and to enter into this the Merchant Agreement;
4.11 This The Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this the Merchant Agreement;
4.13 Merchant has the power and authority to authorize the automatic funds transfer provided for in the Merchant Agreement;
4.14 The Settlement Account is owned and controlled by Merchant and is a valid account for processing debit and credit transactions under the Merchant Agreement;
4.15 The Settlement Account will always be in the same legal and DBA (if applicable) name as Xxxxxxxx’s name on the Merchant Application;
4.16 Merchant will own and maintain control of the Settlement Account and will keep such Settlement Account open at all times during the term and as long as any Reserve Account is in effect;
4.17 The Settlement Account will not be associated with any merchant processing activity that is illegal or prohibited by the Card Association Rules or Applicable Law, including without limitation merchant processing activity associated with other accounts and/or processors;
4.18 Merchant is not (i) a Sanctioned Person, meaning at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, or by the United Nations Security Council, the European Union or any European Union member state, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person owned or controlled by any such Person or Persons described in the foregoing clauses (a) or (b), (ii) located in or operating under a license issued by a jurisdiction whose government has been identified by the U.S. Department of State as a sponsor of international terrorism under 22 U.S.C. 2371 or 50 U.S.C. App. 2405(j), (iii) located in or operating under a license issued by a jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the U.S. is a member, or (iv) located in or operating under a license issued by a jurisdiction that has been designated by the U.S. Secretary of Treasury pursuant to 31 U.S.C. 5318A as warranting special measures due to money laundering concerns; and
4.19 Merchant will immediately notify Member Bank and Processor in writing of any material changes to any information provided herein including but not limited to a change in Merchant’s legal entity, location, business type, or the types of goods and services offered for sale by Merchant.
Appears in 2 contracts
Samples: Merchant Card Processing Agreement, Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a TransactionCharge, Merchant represents and warrants that:
4.1 a. Merchant has abided by this Merchant Agreement, and all applicable laws and Operating RulesRules for the Charge;
4.2 b. Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 c. There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 d. Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 e. The Transaction Charge is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt Charge Record and does not involve the use of the Card for any other purpose;
4.6 f. Merchant has title to the Transaction and Transaction ReceiptCharge, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction Charge for processing;
4.7 g. The Transaction Charge is not subject to any dispute, set-off or counterclaim;
4.8 h. The Transaction Charge has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 i. Each statement on the Transaction Receipt Charge is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the TransactionCharge;
4.10 j. Merchant has completed only one Charge per sale, or one Charge per shipment of merchandise where the Cardholder has agreed to partial shipments;
k. The person who executes the Merchant Application on behalf of the Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 l. This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 m. Merchant shall submit Transactions transactions and/or Charges only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
n. Merchant has the power and authority to authorize the automatic funds transfer provided for in Section 14.
o. The Settlement Account described in Section 14 is owned and controlled by the Merchant and is a valid account for processing debit and credit transactions under this Agreement.
p. That Merchant will immediately notify Merchant Bank and Processor of any material changes to any information provided herein including but not limited to a change in Merchant’s legal entity, location, business type, or the types of goods and services offered for sale by Merchant.
q. Merchant is not (i) a Sanctioned Person, under any of the regulations of the Office of Foreign Assets Control of the U.S. Treasury, (ii) located in or operating under a license issued by a jurisdiction whose government has been identified by the U.S. Department of State as a sponsor of international terrorism under 22 U.S.C. 2371 or 50 U.S.C. App. 2405(j), (iii) located in or operating under a license issued by a jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the U.S. is a member, or (iv) located in or operating under a license issued by a jurisdiction that has been designated by the U.S. Secretary of Treasury pursuant to 31 U.S.C. 5318A as warranting special measures due to money laundering concerns.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a TransactionCharge, Merchant represents and warrants that:
4.1 A. Merchant has abided by this Merchant Agreement, and all applicable laws and Operating RulesRules for the Charge;
4.2 B. Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 C. There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 D. Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 E. The Transaction Charge is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt Charge Record and does not involve the use of the Card for any other purpose;
4.6 F. Merchant has title to the Transaction and Transaction ReceiptCharge, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction Charge for processing;
4.7 G. The Transaction Charge is not subject to any dispute, set-off or counterclaim;
4.8 H. The Transaction Charge has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 I. Each statement on the Transaction Receipt Charge is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the TransactionCharge;
4.10 J. Merchant has completed only one Charge per sale, or one Charge per shipment of merchandise where the Cardholder has agreed to partial shipments;
K. The person who executes the Merchant Application on behalf of the Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 L. This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 M. Merchant shall submit Transactions transactions and/or Charges only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
N. Merchant has the power and authority to authorize the automatic funds transfer provided for in Section 14.8 of this Agreement; O. The Settlement Account described in Section 14 of this Agreement is owned and controlled by the Merchant and is a valid account for processing debit and credit transactions under this Agreement.
Appears in 1 contract
Samples: Clearing and Settlement Services Agreement (TransFirst Inc.)
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this Merchant Agreement, and all applicable laws and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant Xxxxxxxx has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this Merchant Agreement, and all applicable laws and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a TransactionCharge, Merchant represents and warrants that:
4.1 Merchant a. Xxxxxxxx has abided by this Merchant Agreement, and all applicable laws and Operating RulesRules for the Charge;
4.2 b. Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 c. There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 d. Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 e. The Transaction Charge is genuine and arises from a bona fide sale of merchandise or services by MerchantXxxxxxxx, represents a valid obligation for the amount shown on the Transaction Receipt Charge Record and does not involve the use of the Card for any other purpose;
4.6 f. Merchant has title to the Transaction and Transaction ReceiptCharge, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction Charge for processing;
4.7 g. The Transaction Charge is not subject to any dispute, set-off or counterclaim;
4.8 h. The Transaction Charge has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 i. Each statement on the Transaction Receipt Charge is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the TransactionCharge;
4.10 x. Xxxxxxxx has completed only one Charge per sale, or one Charge per shipment of merchandise where the Cardholder has agreed to partial shipments;
k. The person who executes the Merchant Application on behalf of the Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 l. This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 m. Merchant shall submit Transactions transactions and/or Charges only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
x. Xxxxxxxx has the power and authority to authorize the automatic funds transfer provided for in Section 14.h;
o. The Settlement Account described in Section 14 is owned and controlled by the Merchant and is a valid account for processing debit and credit transactions under this Agreement.
p. That Merchant will immediately notify Merchant Bank and Processor of any material changes to any information provided herein including but not limited to a change in Merchant’s legal entity, location, business type, or the types of goods and services offered for sale by Merchant.
q. Merchant is not (i) a Sanctioned Person, under any of the regulations of the Office of Foreign Assets Control of the U.S. Treasury, (ii) located in or operating under a license issued by a jurisdiction whose government has been identified by the U.S. Department of State as a sponsor of international terrorism under 22 U.S.C. 2371 or 50 U.S.C. App. 2405(j), (iii) located in or operating under a license issued by a jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the U.S. is a member, or (iv) located in or operating under a license issued by a jurisdiction that has been designated by the U.S. Secretary of Treasury pursuant to 31 U.S.C. 5318A as warranting special measures due to money laundering concerns.
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this Merchant Agreement, and all applicable laws and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating Guide;
4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
Appears in 1 contract
Samples: Merchant Card Processing Agreement
Merchant’s Warranties. Upon signing the Merchant Application, and each time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by this Merchant Agreement, and all applicable laws and Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant signed the Merchant Application agreeing to be bound by this Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant’s business or the product lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Merchant, represents a valid obligation for the amount shown on the Transaction Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or other encumbrances on it, and Merchant has the authority to convey the Transaction for processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules or the Operating GuideRules;
4.9 Each statement on the Transaction Receipt is true, and Merchant Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant Xxxxxxxx has the full power and authority to execute the Merchant Application and to enter into this Merchant Agreement;
4.11 This Merchant Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information contained in the Merchant Application and this Merchant Agreement;
Appears in 1 contract
Samples: Merchant Card Processing Agreement
