PCI Program. The Card Organizations have mandated that all merchants must comply with the PCI DSS found at xxx.xxxxxxxxxxxxxxxxxxxx.xxx (see xxx.xxxx.xxx/xxxx for additional information). We have a PCI DSS program (“PCI Program”) to assist merchants with PCI DSS validation. Member Bank is not a party to or liable for PCI Program.
PCI Program. Merchant will participate in the PCI Program. Failure by Merchant to obtain and submit to Processor a PCI compliance certificate through the PCI Program within three (3) months of the Effective Date, or on an annual basis thereafter, will result in the assessment against merchant of the PCI non-compliance Fees. Merchant will not be entitled to a refund in PCI compliance related Fees if Merchant obtains and submits a PCI compliance certificate after the assessment of such Fees. Merchant understands and agrees that participation in the PCI Program does not: guaranty prevention of a Data Breach or other security failure; constitute fulfillment of Merchant’s PCI compliance or data security obligations; or relieve Merchant of any obligations related to PCI compliance or data security. Processor’s issuance or acceptance of a PCI compliance certificate does not constitute a representation or warranty that Merchant is actually PCI compliant or that a Data Breach will not occur, and Merchant shall undertake all actions and processes necessary to ensure it is and remains PCI compliant. Merchant will accurately and fully complete all self-assessment questionnaires through the PCI Program in a manner that is not misleading. Processor may, but is not obligated to, enroll Merchant in limited scope Data Breach coverage, subject to certain terms and conditions, which may cover certain costs and expenses associated with a Data Breach if Merchant is eligible for such coverage. Data Breach coverage may not be available in all instances, including but not limited to claims falling under an exclusion or if the coverage limits have been exhausted. Participation, or lack thereof, of Merchant in any Data Breach coverage shall not relieve Merchant of its obligations or liabilities under this Agreement. If Merchant is enrolled in such Data Breach coverage, upon Merchant’s reasonable request Processor will provide Merchant access to the applicable terms, conditions, and policies.
PCI Program. All Merchants must comply with the requirements of the Payment Card Industry Data Security Standards (“PCI DSS”). Elavon requires Xxxxx 0 Merchants (determined based on transaction volume) to validate PCI DSS compliance on an annual basis, with initial validation to occur no later than ninety (90) days after account approval. An annual PCI Fee will be charged to Merchants with access to the services of the qualified third party assessor with whom Elavon has a preferred provider relationship. Any Merchant that has not validated PCI DSS compliance within ninety (90) days of account approval, or in subsequent years on or before the anniversary date of account approval, will be charged an additional monthly non- compliance fee of $34.95 until Elavon is provided with validation of compliance. Merchant may be eligible for Data Breach Coverage following account approval and PCI DSS compliance validation. See the PCI Compliance Program Overview for coverage details and conditions.
PCI Program. In the event MERCHANT chooses to participate in the PCI Program, MERCHANT must log into the PCI Program by completing, and validating PCI compliance through the PCI Self-Assessment Questionnaire and submitting such questionnaire to BANK. Additionally, a PCI scan may be required annually or quarterly (if applicable). XXXXXXXX agrees that it shall be liable for the applicable PCI Program fees in the amount set forth in Rates and Fees section of the Application. XXXXXXXX agrees to be bound by the terms and conditions of the PCI Program as set forth at xxxxx://xxx.xxxxxxxxxx.xxxxxxxx-xxxx.xxx. In the event MERCHANT does not participate in the PCI Program by properly validating PCI compliance and completing the PCI SAQ, XXXXXXXX agrees to pay the PCI Non-Action Fee as set forth in section 2.57 above.
