Common use of PCI Program Clause in Contracts

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. Merchant will participate in the PCI Program. Failure by Merchant to obtain and submit to Processor a PCI compliance certificate ce rti ficate through the PCI Program within three (3) months of the Effective Date, or on an annual basis 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 re l a te d Fees if Merchant obtains and submits a PCI compliance certificate ce rti ficate after the assessment of such Fees. Merchant Xxxxxxxx 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. Merchant will participate in the PCI Program. Failure by Merchant to obtain and submit to Processor a PCI compliance certificate ce rtificate through the PCI Program within three (3) months of the Effective Date, or on an annual basis 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 relate d Fees if Merchant obtains and submits a PCI compliance certificate ce rtificate 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. 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 Xxxxxxxx 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. Merchant will participate in the PCI Program. Failure by Merchant to obtain and submit to Processor a PCI compliance certificate ce rti ficate through the PCI Program within three (3) months of the Effective Date, or on an annual basis 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 re l a te d Fees if Merchant obtains and submits a PCI compliance certificate ce rti ficate 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.