Common use of The Merchant shall Clause in Contracts

The Merchant shall. 2.2.1.1 Observe Visa Electron/Visa, Mastercard/Maestro and China UnionPay card service rules at POS: • Ensure that the transaction amount is clearly visible to the payer before making the payment; • Do not refuse the customer the service envisaged in this Agreement for buying goods/services unless the Merchant finds the transaction suspicious; • Ensure that the POS terminal payment receipt (slip) displays the Merchant’s business name, which appears on the Client’s statement; • Have the customer sign the magnetic stripe transaction sales slip; • If the magnetic stripe transaction is above 100 GEL, request additionally the customer’s ID card and put down the ID number on the sales slip; • Keep the signed sales slip for 180 (one hundred and eighty) days; • Consider the payment successfully completed only if the sales slip shows “approved”, response code 000. 2.2.1.2 Service Visa Electron/Visa, Mastercard/Maestro and China UnionPay cards by observing strictly the rules under this Agreement; 2.2.1.3 Forward the batch to the Processing Centre according to the rules hereunder; 2.2.1.4 Register the Merchant as a TBC Bank client / open account(s) for the Merchant (unless the Merchant is already registered/ has accounts with TBC Bank); 2.2.1.5 Return the respective amount to the Bank’s account if a transaction is cancelled or reversed within 5 (five) banking days therefrom; 2.2.1.6 Ensure that POS Terminals are operated only by the personnel duly instructed/trained by the Bank or by other entity/ies specified in General Provisions. Request the Bank or the Processing Centre in writing to provide training/ give instructions to his/her/its new employees; 2.2.1.7 Not transfer/ make POS Terminals accessible to third parties; 2.2.1.8 Not transfer a POS Terminal to a different branch and/or outlet without the Bank’s prior written approval; 2.2.1.9 Not post a credit entry without a debit entry; 2.2.1.10 Not accept a card payment for a purpose other than the payment for goods or services sold (.e.g. for collecting a debt, etc.); 2.2.1.11 Not charge additional fees/ payments above the transaction amount; 2.2.1.12 Install POS Terminals and display the advertising materials only if agreed with the Bank in advance; 2.2.1.13 Keep the sales slips and batch receipts for 180 (one hundred and eighty) days and deliver them to the Bank within 5 (five) banking days from receiving the Bank’s request; 2.2.1.14 Keep card transaction data confidential; observe the customer confidentiality policy; ensure compliance with the applicable law of the country. 2.2.1.15 Not request or use the payment card number for a purpose other than the payment for goods or services; not request the customer to enter his/her card data (the card number, validity date, etc.) on the Merchant’s website; not store and/or disclose/transfer to a third party the card data (unless directly required by the law) and strictly observe card transaction security. 2.2.1.16 Inform the Bank regarding his/her/its engagement with a third party (whether a subsidiary or an affiliate) that will have access to payment card data. These persons shall comply with Visa Electron/Visa, Mastercard/Maestro and China UnionPay security standards, while the Merchant shall bear full responsibility if the provision herein is violated; 2.2.1.17 Fully satisfy the requirements listed below if the Merchant outsources (uses third party services for) card data processing: • The Merchant ensures the contracting third party’s compliance with Visa International, Mastercard Worldwide or China UnionPay security standards; • The Merchant declares that he/she/it is fully aware of PCI DSS (Payment Card Industry Data Security Standard) and relevant cardholder data protection programmes of Visa International, Mastercard Worldwide and China UnionPay and undertakes to adhere thereto. 2.2.1.18 In the event of a chargeback, fully refund the amount claimed by Visa International, Mastercard Worldwide or China UnionPay before the chargeback process is over; 2.2.1.19 In the event of a chargeback, transfer all chargeback documents to the Bank upon the Bank’s request. Otherwise, the Merchant shall fully refund the chargeback amount; 2.2.1.20 Compensate the Bank for the possible loss due to the negligence of the Merchant’s employees and/or the breach of card service rules set forth in Article 2.2.1.1 hereof; 2.2.1.21 Forthwith report POS Terminal problems/malfunctions to the Bank or the Processing Centre; 2.2.1.22 Facilitate the prevention of illicit income legalization – only submit sales slips generated upon a trade transaction between the cardholder and the Merchant; 2.2.1.23 not add to the transaction amount any fees payable by the Merchant to the Bank. Otherwise, the Merchant shall pay the Bank 100 GEL for each such event; 2.2.1.24 if the Merchant’s business is closed or this Agreement is terminated on any ground whatsoever, return to the Bank the POS Terminals within 20 (twenty) working days from business closure or the termination of the Agreement. Otherwise, the Merchant shall pay the Bank a penalty equal to 0.05% of the total price of the POS Terminals subject to return per each day overdue; 2.2.1.25 If the Merchant decides to add more POS Terminals, submit a relevant request to the Bank in writing, via internet banking (if available) or via email (to: xxxxxxxxxxx@xxxxxxx.xxx.xx) at least by 5 (five) days in advance; 2.2.1.26 Not refuse to accept card payments from customers unless due to technical problems. If the Merchant breaches this provision, the Bank may impose and if so, the Merchant shall pay Bank a penalty in the amount of 100 (one hundred) GEL for each such event; 2.2.1.27 Only use the POS functionality profile that has been set up and agreed in advance. The Merchant shall notify the Bank if the functionality profile is edited or added; 2.2.1.28 Take good care of and not damage the device(s) (POS Terminal(s)) whilst in the Merchant’s custody; put in place and maintain during the validity term of this Agreement relevant tools, equipment and/or other means (including on-job training/qualification enhancement and internal control tools, as well as other technical equipment) to ensure information security/ adherence to confidentiality standards and full compliance with the law. 2.2.1.29 Not make any changes in the technical/software settings of the POS Terminal; 2.2.1.30 Immediately report POS Terminal malfunction to the Processing Centre at the phone number 0000000000; 2.2.1.31 If the Agreement is terminated on any ground whatsoever, return to the Bank the device(s) (POS Terminal(s)) as well as all the related accessories indicated in the Acceptance and Delivery Certificate in their original condition minus normal wear and tear; 2.2.1.32 be liable for the full repair of the POS Terminal that has been damaged whilst in the Merchant`s custody; 2.2.1.33 be liable for the full refund of the fair (market) value of the POS Terminal (with normal wear and tear expected) if the Merchant fails to return the device to the Bank; 2.2.1.34 be liable for the full refund of the value of POS Terminal accessories as specified in the Acceptance and Delivery Certificate if the Merchant fails to return the accessories to the Bank; 2.2.1.35 If the fees set by the Bank are not paid in full and/or in due time, ensure that all of the Merchant’s outstanding payments/charges are duly settled within 10 (ten) calendar days from the Bank’s respective notice. Otherwise, the Bank is authorized to suspend any service(s) (including, the POS Terminal service(s)) under the Agreement and/or annexes hereto, and furthermore, to terminate the service (s) unless all of the liabilities are fully satisfied within 30 (thirty) calendar days from the suspension of the service(s);

The Merchant shall. 2.2.1.1 Observe Comply with rules for accepting Visa Electron/Visa, Mastercard/Maestro and China UnionPay card service rules at POSpayments via POS terminals: • x Ensure that the transaction amount is clearly visible clearlvyisible to the payer before making the payment; • payme;nt x Do not refuse the customer the service envisaged in this Agreement for buying goods/services unless the Merchant finds the transaction suspicious; • x Ensure that the POS terminal payment receipt (slip) displays the Merchant’s business name, which appears on the Client’s statement; • Have displaWysKH 0HUFKDQW¶V EXVL ZKLFK PXVW DSSHDU RQ WKH &OLHQW¶V VWDWHPHQW x Ensure that the customer sign signs the magnetic receipt (slip) of a magn-esttircipe transaction; x If the a magnetic-stripe transaction sales slip; • If the magnetic stripe transaction is above amount exceeds 100 (one hundred) GEL, request additionally the customer’s ID card and put down the ID number on WKH FXVWRPHU¶V ,' FDUG DQG SXW GRZQ WKH receipt (slip); x Keep the sales receipt (slip; • Keep ) signed by the signed sales slip customer for 180 (one hundred and eighty) days; • x Consider the a payment successfully completed transaction authorized only if the sales slip shows “approved”, response sho³wDs code 000.. SSURYHG´ UHV 2.2.1.2 Service Visa Electron/Visa, Mastercard/Maestro and China UnionPay cards by observing strictly the rules under this Agreement; 2.2.1.3 Forward the batch to the Processing Centre according to the rules hereunder; 2.2.1.4 Register the Merchant as a TBC Bank client / open account(s) for the Merchant (unless the Merchant is already registered/ has accounts with TBC Bank); 2.2.1.5 Return the respective amount to the Bank’s account if a transaction is cancelled or reversed within twihthien 5 (five) banking days therefrom; 2.2.1.6 Ensure that POS Terminals are operated only by the personnel duly instructed/trained by the Bank or by other entity/ies specified in General Provisions. Request the Bank or the Processing Centre in writing to provide training/ give instructions to his/her/its new employees; 2.2.1.7 Not transfer/ make POS Terminals accessible to third parties;; Bank’ 2.2.1.8 Not transfer a POS Terminal to a different branch and/or outlet without the Bank’s prior written differen approval; 2.2.1.9 Not post a credit entry without a debit entry; 2.2.1.10 Not accept a card payment for a purpose other than the payment for goods or services sold (.e.g. for collecting a debt, etc.); 2.2.1.11 Not charge additional fees/ payments above the transaction amount; 2.2.1.12 Install POS Terminals and display the advertising materials only if agreed with the Bank in advance; 2.2.1.13 Keep the sales slips and slips/receipts, batch receipts and any documents related to the transaction for 180 (one hundred and eighty) days and deliver them days. Transfer the receipts and/or any documents related to the transaction to the Bank forthwith upon the Bank’s request b chargebacks, when the receipts and/or any documents related to the transaction must be transferred to the Bank within 5 20 (fivetwenty) banking days from receiving the Bank’s request;calendar days). 2.2.1.14 Keep card transaction data confidential; observe the customer confidentiality policy; ensure compliance with the applicable law of the country. 2.2.1.15 Not request or use the payment card number for a purpose other than the payment for goods or services; not request the customer to enter his/her card data (the card number, validity date, etc.) on the Merchant’s website; not store and/or discloseandrd/transfer to a third party the card data (unless directly doatar(unldesis dsirecctlly ose/tr required by the law) and strictly observe card transaction security. 2.2.1.16 Inform the Bank regarding his/her/its engagement with a third party (whether a subsidiary or an affiliate) that will have access to payment card data. These persons shall comply with Visa Electron/Visa, Mastercard/Maestro and China UnionPay security standards, while the Merchant shall bear full responsibility if the provision herein is violated; 2.2.1.17 Fully satisfy the requirements listed below if the Merchant outsources (uses third party services for) card data processing: • ‡ The Merchant ensures the contracting third party’s compliance with Visa International, Mastercard Worldwide or China UnionPay security standards; • ‡ The Merchant declares that he/she/it is fully aware of PCI DSS (Payment Card Industry Data Security Standard) and relevant cardholder data protection programmes of Visa International, Mastercard Worldwide and China UnionPay and undertakes to adhere thereto. 2.2.1.18 In the event of a chargeback, fully refund the amount claimed by Visa International, Mastercard Worldwide or China UnionPay before the chargeback process is over; 2.2.1.19 In the event case of a chargeback, transfer all unless the Merchant transfers the chargeback documents (including receipts, any documents related to the transaction, etc.) to the Bank upon within the Bank’s request. Otherwiseterm indicated in 2.2.1.13), the Merchant shall fully refund pay the chargeback amount;full amount of the chargeback. 2.2.1.20 Compensate the Bank for the possible loss due to the negligence of the Merchant’s employees and/or the breach of card service rules set forth in Article 2.2.1.1 hereof; 2.2.1.21 Forthwith report POS Terminal problems/malfunctions to the Bank or the Processing Centre; 2.2.1.22 Facilitate the prevention of illicit income legalization – –only submit sales slips generated upon a trade transaction between the cardholder and the Merchant; 2.2.1.23 not add to the transaction amount any fees payable by the Merchant to the Bank. Otherwise, the Merchant shall pay the Bank 100 GEL for each such event; 2.2.1.24 if the Merchant’s business is closed or this Agreement is terminated on any ground whatsoever, return to the Bank the POS Terminals within 20 (twenty) working days from business closure or the termination of the Agreement. Otherwise, the Merchant shall pay the Bank a penalty equal to 0.05% of the total price of the POS Terminals subject to return per each day overdue; 2.2.1.25 If the Merchant decides to add more POS Terminals, submit a relevant request to the Bank in writing, via internet banking (if available) or via email (to: xxxxxxxxxxx@xxxxxxx.xxx.xx) at least by 5 (five) days in advance; 2.2.1.26 Not refuse to accept card payments from customers unless due to technical problems. If the Merchant breaches this provision, the Bank may impose and if so, the Merchant shall pay Bank a penalty in the amount of 100 (one hundred) GEL for each such event; 2.2.1.27 Only use the POS functionality profile that has been set up and agreed in advance. The Merchant shall notify the Bank if the functionality profile is edited or added; 2.2.1.28 Take good care of and not damage the device(s) (POS Terminal(s)) whilst in the Merchant’s device( custody; put in place and maintain during the validity term of this Agreement relevant tools, equipment and/or other means (including on-job training/qualification enhancement and internal control tools, as well as other technical equipment) to ensure information security/ adherence to confidentiality standards and full compliance with the law. 2.2.1.29 Not make any changes in the technical/software settings of the POS Terminal; 2.2.1.30 Immediately report POS Terminal malfunction to the Processing Centre at the phone number 0000000000; 2.2.1.31 If the Agreement is terminated on any ground whatsoever, return to the Bank the device(s) (POS Terminal(s)) as well as all the related accessories indicated in the Acceptance and Delivery Certificate in their original condition minus normal wear and tear; 2.2.1.32 be liable for the full repair of the POS Terminal that has been damaged whilst in the Merchant`s custody; 2.2.1.33 be liable for the full refund of the fair (market) value of the POS Terminal (with normal wear and tear expected) if the Merchant fails to return the device to the Bank; 2.2.1.34 be liable for the full refund of the value of POS Terminal accessories as specified in the Acceptance and Delivery Certificate if the Merchant fails to return the accessories to the Bank; 2.2.1.35 If the fees set by the Bank are not paid in full and/or in due time, ensure that all of the Merchant’s Me outstanding payments/charges are duly settled within 10 (ten) calendar days from the Bank’s respective wit notice. Otherwise, the Bank is authorized to suspend any service(s) (including, the POS Terminal service(s)) under the Agreement and/or annexes hereto, and furthermore, to terminate the service (s) unless all of the liabilities are fully satisfied within 30 (thirty) calendar days from the suspension of the service(s);

The Merchant shall. 2.2.1.1 Observe Visa Electron/Visa, Mastercard/Maestro and China UnionPay card service rules at POS: • Ensure that the transaction amount is clearly visible to the payer before making the payment; • Do not refuse the customer the service envisaged in this Agreement for buying goods/services unless the Merchant finds the transaction suspicious; • Ensure that the POS terminal payment receipt (slip) displays the Merchant’s business name, which appears on the Client’s statement; • x Have the customer sign the magnetic stripe transaction sales slip; • x If the magnetic stripe transaction is above 100 GEL, request additionally the customer’s ID card ĐƵƐƚŽIDŵcĞarƌd ͛Ɛ and put down the ID number on the sales slip; • x Keep the signed sales slip for 180 (one hundred and eighty) days; • x Consider the payment successfully completed only if the sales slip shows “approved”, response ͞ĐŽŶĨ͟,ŝ code 000.. reƌspŵonĞseĚ 2.2.1.2 Service Visa Electron/Visa, Mastercard/Maestro and China UnionPay cards by observing strictly the rules under this Agreement; 2.2.1.3 Forward the batch to the Processing Centre according to the rules hereunder; 2.2.1.4 Register the Merchant as a TBC Bank client / open account(s) for the Merchant (unless the Merchant is already registered/ has accounts with TBC Bank); 2.2.1.5 Return the respective amount to the Bank’s account if a transaction is cancelled or reversed ZĞƚƵƌŶ ƚŚĞ ƌĞƐƉĞĐƚŝǀĞ ĂŵŽƵŶƚ ƚŽ ƚŚĞ ĂŶŬ͛Ɛ ĂĐĐ within 5 (five) banking days therefrom; 2.2.1.6 Ensure that POS Terminals are operated only by the personnel duly instructed/trained by the Bank or by other entity/ies specified in the General Provisions. Request the Bank or the Processing Centre in writing to provide training/ give instructions to his/her/its new employees; 2.2.1.7 Not transfer/ make POS Terminals accessible to third parties; 2.2.1.8 Not transfer a the POS Terminal to a different branch and/or outlet without the Bank’s prior ĂŶĚͬŽƌ ŽƵƚůĞƚ ǁŝƚŚŽƵƚ ƚŚĞ written approval; 2.2.1.9 Not post a credit entry without a debit entry; 2.2.1.10 Not accept a card payment for a purpose other than the payment for goods or services sold (.e.g. for collecting a debt, etc.)) ; 2.2.1.11 Not charge additional fees/ payments above the transaction amount; 2.2.1.12 Install POS Terminals and display the advertising materials only if agreed upon prior agreement with the Bank in advanceBank; 2.2.1.13 Keep the sales slips and batch receipts for 180 (one hundred and eighty) days and deliver them to the Bank within 5 (five) banking days from receiving the Bank’s request;ĂŶŬ͛Ɛ; ƌĞƋƵĞƐƚ 2.2.1.14 Keep information related to card transaction data transactions confidential; observe the customer confidentiality policy; ensure compliance with the applicable law of the country.; 2.2.1.15 Not request or use the payment card number for a purpose other than the payment for goods or services; not request the customer to enter his/her card data (the card number, validity date, etc.) on the Merchant’s website; not store and/or disclose/transfer to a third party the card data (unless directly required by the law) and strictly observe card transaction security.; 2.2.1.16 Inform the Bank regarding his/her/its engagement with a third party (whether a subsidiary or an affiliate) that will have access to payment card data. These persons shall comply with Visa Electron/Visa, Mastercard/Maestro and China UnionPay security standards, while for the violation of which the Merchant shall bear will incur full responsibility if the provision herein is violatedresponsibility; 2.2.1.17 Fully satisfy the requirements listed below if the Merchant outsources (uses third party ;ƵƐĞƐ Ă ƚŚŝƌĚ ƉĂƌ services for) card data processing: • x The Merchant ensures the contracting third party’s compliance with Visa ƚŚŝƌĚ coƉmpĂliaƌncƚe LJwi͛th ƐVis a International, Mastercard Worldwide or China UnionPay security standards; • x The Merchant declares that he/she/it is fully aware of PCI DSS (Payment Card Industry Data Security Standard) and relevant cardholder data protection programmes of Visa International, Mastercard Worldwide and China UnionPay and undertakes to adhere thereto. 2.2.1.18 In the event of a chargeback, fully refund the amount claimed by Visa International, Mastercard Worldwide or China UnionPay before the chargeback process is over; 2.2.1.19 In the event of a chargeback, transfer all chargeback documents to the Bank upon the Bank’s Ăůů ĐŚĂƌŐĞďĂĐŬ ĚŽĐƵŵĞŶƚƐ ƚŽ ƚŚ request. Otherwise, the Merchant shall fully refund the chargeback amount; 2.2.1.20 Compensate the Bank for the possible loss due to the negligence of the Merchant’s employees ŽĨ ƚŚĞ DemĞpƌloĐyeeŚs ĂŶƚ͛Ɛ and/or the breach of card service rules set forth defined in Article 2.2.1.1 hereof; 2.2.1.21 Forthwith report POS Terminal problems/malfunctions to the Bank or the Processing Centre; 2.2.1.22 Facilitate the prevention of illicit income legalization – only ʹonly submit sales slips generated upon a trade transaction between the cardholder and the Merchant; 2.2.1.23 not add to the transaction amount any fees payable by the Merchant to the Bank. Otherwise, the Merchant shall pay the Bank 100 GEL for each such event; 2.2.1.24 if the Merchant’s business is closed or this Agreement is terminated on any ground whatsoeverŝĨ ƚŚĞ DĞƌĐŚĂŶƚ͛thƐis AgďreƵemƐeŝnt Ŷis tĞerƐmiƐna tedŝoƐn a nyĐ gůroŽunƐd wĞhĚats oeŽveƌr, return to the Bank the POS Terminals within 20 (twenty) working days from business closure or the termination of the Agreement. Otherwise, the Merchant shall pay the Bank a penalty equal to 0.05% of the total price of the POS Terminals subject to return per each day overdue; 2.2.1.25 If the Merchant decides to add more POS Terminals, submit file a relevant request to the Bank in writing, via internet banking (if available) or via email (to: xxxxxxxxxxx@xxxxxxx.xxx.xx) at least by 5 (five) days in advance; 2.2.1.26 Not refuse to accept card payments from customers unless due to technical problems. If the Merchant breaches this provision, the Bank may impose and if so, the Merchant shall pay to Bank a penalty in the amount of 100 (one hundred) GEL for each such event; 2.2.1.27 Only use Use only the POS functionality pre-agreed profile that has been set up and agreed in advancesetting for the Terminal(s). The Merchant shall notify report to the Bank if the functionality profile is settings have been edited or added; 2.2.1.28 Take good care of and not damage the device(s) (POS Terminal(s)) whilst in the Merchant’s ǁŚŝůƐƚ ŝŶ ƚŚĞ DĞƌĐ custody; put in place and maintain during the validity term of this Agreement relevant tools, equipment and/or other means (including on-job training/qualification enhancement and internal control tools, as well as other technical equipment) to ensure information security/ adherence to confidentiality standards and full compliance with the law.; 2.2.1.29 Not make any changes in the technical/software settings of the POS Terminal; 2.2.1.30 Immediately report POS Terminal malfunction to the Processing Centre at the phone number 0000000000; 2.2.1.31 If the Agreement is terminated on any ground whatsoever, return to the Bank the device(s) (POS Terminal(s)) as well as all the related accessories indicated in the Acceptance and Delivery Certificate in their original condition minus normal wear and tear; 2.2.1.32 be liable for the full repair of the POS Terminal that has been damaged whilst in the Merchant`s custody; 2.2.1.33 be liable for the full refund of the fair (market) value of the POS Terminal (with normal wear and tear expected) if the Merchant fails to return the device to the Bank; 2.2.1.34 be liable for the full refund of the value of POS Terminal accessories as specified in the Acceptance and Delivery Certificate if the Merchant fails to return the accessories to the Bank; 2.2.1.35 If the fees set by the Bank are not paid in full and/or in due time, ensure that all of the Merchant’s outstanding paymentsDĞƌĐŚoĂutŶstaƚnd͛inƐg p ayments/charges are duly settled within 10 (ten) calendar days from the Bank’s respective notice. Otherwise, the Bank is authorized to suspend any service(s) (including, the POS ĂŶŬ͛Ɛ ƌĞƐƉĞĐƚŝǀĞ ŶŽƚŝĐĞ͘ KƚŚĞƌǁŝƐĞ͕ ƚŚĞP OS ĂŶŬ ŝƐ Terminal service(s)service) under the Agreement and/or annexes hereto, and furthermore, to terminate the service (s) unless all of the liabilities are fully satisfied within 30 (thirty) calendar days from the suspension of the service(s)service;