Common use of Prohibited Payment Card Processing Transactions Clause in Contracts

Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). iv. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. Obtain multiple authorizations for amounts less than the total credit sale amount; vi. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; viii. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant or Member Bank; ix. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors;

Appears in 1 contract

Samples: Merchant Services Agreement for Sub Merchants

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Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). ivii. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the ofthe following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. iii. Obtain multiple authorizations for amounts less than the total credit sale creditsale amount; viiv. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. v. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; viii; vi. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant American Payments Solutions LLC or Member Bank; ix; vii. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors; viii. Use Merchant's own Card, or one to which Merchant has access, to process a Payment Card Processing Transaction for the purpose of obtaining credit for Xxxxxxxx's own benefit; ix. Redeposit a previously charged Payment Card Processing Transaction, regardless of whether Cardholder consents; x. Initiate a Payment Card Processing Transaction credit without a balance in the Operating Account equal to the credit; xi. Use a Merchant Servicer’s payment processing platform and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xii. Use a Merchant Servicer’s payment processing platform and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xiii. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xiv. Disclose any information obtained through the Merchant Servicer’s payment processing platform to any person except for necessary disclosures to affected Cardholders, American Payments Solutions LLC Systems Member Bank and/or the Issuer; xv. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xvi. Disburse funds in the form of traveler’s checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xvii. Disburse funds in the form of cash, except: a. If Merchant is approved by Member Bank for cashback Transactions and in such Transaction the cashback portion of the Transaction is the only portion disbursed as cash; or b. Merchant is dispensing funds in the form of traveler’s checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. xviii. Accept a Card to collect or refinance an existing debt; xix. Issue a Payment Card Processing Transaction credit for return goods or services acquired in a cash transaction; xx. Make any cash refund to a Cardholder who has made a purchase with a Card. All Payment Card Processing Transaction credits will be issued to the same Card account number as the sale; xxi. Require a Cardholder to complete a postcard or similar device that includes the Card’s account number, Card expiration date, signature or any other Card account data in plain view when mailed; or xxii. Accept Visa Card or Visa Electron Card for the purchase of scrip.

Appears in 1 contract

Samples: Sub Merchant Agreement

Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). iv. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. Obtain multiple authorizations for amounts less than the total credit sale amount; vi. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; ; viii. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant or Member Bank; ; ix. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors; x. Use Merchant's own Card, or one to which Merchant has access, to process a Payment Card Processing Transaction for the purpose of obtaining credit for Merchant's own benefit; xi. Redeposit a previously charged Payment Card Processing Transaction, regardless of whether Cardholder consents; xii. Initiate a Payment Card Processing Transaction credit without a balance in the Operating Account equal to the credit; xiii. Use a Merchant Servicer’s payment processing platform and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xiv. Use a Merchant Servicer’s payment processing platform and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xv. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xvi. Disclose any information obtained through the Merchant Servicer’s payment processing platform to any person except for necessary disclosures to affected Cardholders, Fattmerchant, Member Bank and/or the Issuer; xvii. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xviii. Disburse funds in the form of traveler’s checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xix. Disburse funds in the form of cash, except: a. If Merchant is approved by Member Bank for cashback Transactions and in such Transaction the cashback portion of the Transaction is the only portion disbursed as cash; or b. Merchant is dispensing funds in the form of traveler’s checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. xx. Accept a Card to collect or refinance an existing debt; xxi. Issue a Payment Card Processing Transaction credit for return goods or services acquired in a cash transaction; xxii. Make any cash refund to a Cardholder who has made a purchase with a Card. All Payment Card Processing Transaction credits will be issued to the same Card account number as the sale; xxiii. Require a Cardholder to complete a postcard or similar device that includes the Card’s account number, Card expiration date, signature or any other Card account data in plain view when mailed; or xxiv. Accept Visa Card or Visa Electron Card for the purchase of scrip.

Appears in 1 contract

Samples: Merchant Services Agreement for Sub Merchants

Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). ivii. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. iii. Obtain multiple authorizations for amounts less than the total credit sale amount; viiv. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. v. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; viii; vi. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant SimplePay or Member Bank; ix; vii. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors; viii. Use Merchant's own Card, or one to which Merchant has access, to process a Payment Card Processing Transaction for the purpose of obtaining credit for Merchant's own benefit; ix. Redeposit a previously charged Payment Card Processing Transaction, regardless of whether Cardholder consents; x. Initiate a Payment Card Processing Transaction credit without a balance in the Operating Account equal to the credit; xi. Use a Merchant Servicer’s payment processing platform and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xii. Use a Merchant Servicer’s payment processing platform and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xiii. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xiv. Disclose any information obtained through the Merchant Servicer’s payment processing platform to any person except for necessary disclosures to affected Cardholders, SimplePay Systems Member Bank and/or the Issuer; xv. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xvi. Disburse funds in the form of traveler’s checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xvii. Disburse funds in the form of cash, except: a. If Merchant is approved by Member Bank for cashback Transactions and in such Transaction the cashback portion of the Transaction is the only portion disbursed as cash; or b. Merchant is dispensing funds in the form of traveler’s checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. xviii. Accept a Card to collect or refinance an existing debt; xix. Issue a Payment Card Processing Transaction credit for return goods or services acquired in a cash transaction; xx. Make any cash refund to a Cardholder who has made a purchase with a Card. All Payment Card Processing Transaction credits will be issued to the same Card account number as the sale; xxi. Require a Cardholder to complete a postcard or similar device that includes the Card’s account number, Card expiration date, signature or any other Card account data in plain view when mailed; or xxii. Accept Visa Card or Visa Electron Card for the purchase of scrip.

Appears in 1 contract

Samples: Sub Merchant Agreement

Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). ivii. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the ofthe following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. iii. Obtain multiple authorizations for amounts less than the total credit sale creditsale amount; viiv. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. v. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; viii; vi. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant American Payments Solutions LLC or Member Bank; ix; vii. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors; viii. Use Merchant's own Card, or one to which Merchant has access, to process a Payment Card Processing Transaction for the purpose of obtaining credit for Merchant's own benefit; ix. Redeposit a previously charged Payment Card Processing Transaction, regardless of whether Cardholder consents; x. Initiate a Payment Card Processing Transaction credit without a balance in the Operating Account equal to the credit; xi. Use a Merchant Servicer’s payment processing platform and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xii. Use a Merchant Servicer’s payment processing platform and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xiii. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xiv. Disclose any information obtained through the Merchant Servicer’s payment processing platform to any person except for necessary disclosures to affected Cardholders, American Payments Solutions LLC Systems Member Bank and/or the Issuer; xv. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xvi. Disburse funds in the form of traveler’s checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xvii. Disburse funds in the form of cash, except: a. If Merchant is approved by Member Bank for cashback Transactions and in such Transaction the cashback portion of the Transaction is the only portion disbursed as cash; or b. Merchant is dispensing funds in the form of traveler’s checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. xviii. Accept a Card to collect or refinance an existing debt; xix. Issue a Payment Card Processing Transaction credit for return goods or services acquired in a cash transaction; xx. Make any cash refund to a Cardholder who has made a purchase with a Card. All Payment Card Processing Transaction credits will be issued to the same Card account number as the sale; xxi. Require a Cardholder to complete a postcard or similar device that includes the Card’s account number, Card expiration date, signature or any other Card account data in plain view when mailed; or xxii. Accept Visa Card or Visa Electron Card for the purchase of scrip.

Appears in 1 contract

Samples: Sub Merchant Agreement

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Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). ivii. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. iii. Obtain multiple authorizations for amounts less than the total credit sale amount; viiv. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. v. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; viii; vi. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant Integrity Business Partners or Member Bank; ix; vii. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors; viii. Use Merchant's own Card, or one to which Merchant has access, to process a Payment Card Processing Transaction for the purpose of obtaining credit for Merchant's own benefit; ix. Redeposit a previously charged Payment Card Processing Transaction, regardless of whether Cardholder consents; x. Initiate a Payment Card Processing Transaction credit without a balance in the Operating Account equal to the credit; xi. Use a Merchant Servicer’s payment processing platform and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xii. Use a Merchant Servicer’s payment processing platform and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xiii. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xiv. Disclose any information obtained through the Merchant Servicer’s payment processing platform to any person except for necessary disclosures to affected Cardholders, Integrity Business Partners Systems Member Bank and/or the Issuer; xv. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xvi. Disburse funds in the form of traveler’s checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xvii. Disburse funds in the form of cash, except: a. If Merchant is approved by Member Bank for cashback Transactions and in such Transaction the cashback portion of the Transaction is the only portion disbursed as cash; or b. Merchant is dispensing funds in the form of traveler’s checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. xviii. Accept a Card to collect or refinance an existing debt; xix. Issue a Payment Card Processing Transaction credit for return goods or services acquired in a cash transaction; xx. Make any cash refund to a Cardholder who has made a purchase with a Card. All Payment Card Processing Transaction credits will be issued to the same Card account number as the sale; xxi. Require a Cardholder to complete a postcard or similar device that includes the Card’s account number, Card expiration date, signature or any other Card account data in plain view when mailed; or xxii. Accept Visa Card or Visa Electron Card for the purchase of scrip.

Appears in 1 contract

Samples: Merchant Services Agreement for Sub Merchants

Prohibited Payment Card Processing Transactions. Sub-Merchant shall not do any of the following with respect to any Payment Card Processing Transaction: i. Impose a surcharge on a Cardholder who elects to use a Card in lieu of payment by cash, check or other mode of payment; ii. Charge a Cardholder more than the amount the Cardholder would pay if payment were made by cash or check; iii. Establish a minimum below the amount allowed by the Associations; provided, however, you may establish a minimum sale amount as a condition for honoring Cards, provided that the minimum transaction amount does not differentiate between Associations and/or issuers and the minimum transaction amount does not exceed $10.00 (or any higher amount established by applicable law or the Rules). iv. Establish a maximum sale amount as a condition for honoring Cards; provided, however, you may establish a maximum sale amount as a condition for honoring Cards if you are a department, agency or instrumentality of the U.S. Government, you are a corporation owned or controlled by the U.S. Government, or your primary business is reflected by one of the following MCCs: 8220 (Colleges, Universities, Professional Schools and Junior Colleges), 8244 (Schools, Business and Secretarial), or 8249 (Schools, Trade and Vocational), provided that the maximum transaction amount does not differentiate between Associations and/or issuers. v. Obtain multiple authorizations for amounts less than the total credit sale amount; vi. Obtain authorization for purposes of setting aside Cardholder’s credit line for use in future sales; vii. Make any special charge to or extract any special agreement or security from any Cardholder in connection with any Payment Card Processing Transaction; ; viii. Transmit or accept for payment any Payment Card Processing Transaction which was not originated directly between Merchant and a Cardholder for the sale or lease of goods or the performance of services of the type indicated in Merchant's application for card processing services initially submitted to and approved by Fattmerchant or Member Bank; ; ix. Honor or accept a Card as payment for any legal services or expenses arising out of or related to (1) the defense of any crime other than a traffic violation; (2) any domestic relations matter where such services or expenses are furnished to a person whose name is not embossed on a Card; or (3) any bankruptcy, insolvency, compromise, composition or other process affecting Cardholder's creditors; x. Use Merchant's own Card, or one to which Merchant has access, to process a Payment Card Processing Transaction for the purpose of obtaining credit for Merchant's own benefit; xi. Redeposit a previously charged Payment Card Processing Transaction, regardless of whether Cardholder consents; xii. Initiate a Payment Card Processing Transaction credit without a balance in the Operating Account equal to the credit; xiii. Use a Merchant Servicer’s payment processing platform and any data received thereon for any other purpose except for determining whether or not Merchant should accept Cards in connection with a current sale or lease of goods or services; xiv. Use a Merchant Servicer’s payment processing platform and data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; xv. Draw or convey any inference concerning a person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card is processed as non-accepted; xvi. Disclose any information obtained through the Merchant Servicer’s payment processing platform to any person except for necessary disclosures to affected Cardholders, Fattmerchant, Member Bank and/or the Issuer; xvii. Add any tax to Transactions unless applicable law expressly requires that Merchant collect such a tax. Any tax, if allowed, must be included in the Transaction amount and not collected separately; xviii. Disburse funds in the form of traveler’s checks, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from Merchant; xix. Disburse funds in the form of cash, except: a. If Merchant is approved by Member Bank for cashback Transactions and in such Transaction the cashback portion of the Transaction is the only portion disbursed as cash; or b. Merchant is dispensing funds in the form of traveler’s checks, Visa TravelMoney Cards or foreign currency. In this case, the Transaction amount is limited to the value of said form of dispensation plus any fee or commission charged to the Merchant. xx. Accept a Card to collect or refinance an existing debt; xxi. Issue a Payment Card Processing Transaction credit for return goods or services acquired in a cash transaction; xxii. Make any cash refund to a Cardholder who has made a purchase with a Card. All Payment Card Processing Transaction credits will be issued to the same Card account number as the sale; xxiii. Require a Cardholder to complete a postcard or similar device that includes the Card’s account number, Card expiration date, signature or any other Card account data in plain view when mailed; or xxiv. Accept Visa Card or Visa Electron Card for the purchase ofscrip.

Appears in 1 contract

Samples: Merchant Services Agreement for Sub Merchants

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