THE MERCHANT’S OBLIGATIONS. 14.1. The Merchant shall ensure that the original Resolution(s) and applicable Agreements to the chosen Product(s)/Service(s) is/are duly signed and sent to NuPay within 7 (seven) Business Days of the Signature Date.
14.2. The Merchant shall ensure that only an employee/s of the Merchant, who is/are duly authorised to do so in terms of a valid Resolution, shall perform the Merchant Function.
14.3. The person(s) so authorised to perform the Merchant Function shall be responsible for the written and/or electronic authorisation of the cancellation of Transactions, a change of banking details, instalment processing requests, and instalment date changes.
14.4. Each Merchant Function shall be deemed to be valid and/or authorised, and the validity and/or authorisation thereof may not be disputed by the Merchant, nor will NuPay be obliged to determine the validity and/or authority of the Merchant Function or to investigate such validity and/or authority as set out in the Merchant’s Resolution.
14.5. NuPay will endeavour, but is not obliged, to verify the signature(s) of the authorised person(s) appearing on the Resolution whenever a request is made relating to the cancellation of Transactions, a change of banking details, instalment processing requests, or instalment date changes.
14.6. The Merchant shall be liable for any error occurring or fraud committed through the use of the Merchant Functions which is due to the actions of the Merchant, its agents, and/or employees.
14.7. The Merchant undertakes to train adequately all personnel utilising the NuPay System. Such personnel must be in possession of a certificate indicating the training undertaken by them and their competence to utilise the NuPay System. Initial training will be provided free of charge, but subsequent training will be charged on a time and cost basis, except if training is required when the NuPay System has been changed, in which case, the training will be free of charge.
THE MERCHANT’S OBLIGATIONS. 2.1. The Merchant must do the following when processing Virtual Transactions:
2.1.1. only operate within the Acquirer’s jurisdiction country as specified by the Acquiring Bank;
2.1.2. ensure that the Merchant’s Website complies with the Association Rules;
2.1.3. install or integrate on the Merchant’s Website or mobile application: software; internet infrastructure and processes that enable electronic data to identify the Merchant and the Customer by verifying the Merchant and the integrity of the message;
2.1.4. ensure that prior to carrying out Virtual Transactions: the Merchant’s Website and the Merchant mobile application; software; internet infrastructure and processes comply with Vodacom’s standards and specifications for secure authentication protocol;
2.1.5. implement hardware or software prescribed by VPS to limit or reduce fraud;
2.1.6. notify VPS of any changes relating to: the Merchant’s commerce service provider (‘CSP’) website developer and the location where the Merchant’s website is hosted;
2.1.7. carry the risk relating to the operational effectiveness through which Virtual Transactions are transmitted. The contents of the message received by VPS from the Merchant’s CSP will be deemed to be the contents of the message forwarded by the Merchant via the Merchant server;
2.1.8. inform the Customer of any tax implications, exchange control regulations and/or any other relevant legislation that may be applicable to the agreement between the Merchant and the Customer; and
2.1.9. ensure that the information printed and completed on the delivery note and/or proof of dispatch is true and correct.
2.1.10. generally require Cardholders to create complex passwords; limiting the number of times a Cardholder can unsuccessfully attempt to log in and temporarily locking out Customers who exceed the specified maximum number of failed login attempts
2.1.11. provide a settlement advise within a period of no longer than 7 calender days for the date at which the Authorization was obtained.
2.1.12. Reverse a SMS Card transaction within the same processing day i.e. before settlement takes place.
2.1.13. Not processes a refund on a SMS Card transaction. Refunds on SMS Card transactions to be completed through alternative processing methods as agreed upon between the Cardholder and the Merchant.
THE MERCHANT’S OBLIGATIONS. 2.1 The Merchant shall for sales activated by the use of ZB Bank Cards use only terminals provided by or in a form approved by ZB Bank.
2.2 The Merchant will retain a copy of all POS terminal printout receipts and/or SMS receipts from each terminal for a period of at least sixty days.
2.3 The Merchant shall accept all Zimswitch branded cards to transact on the ZB Bank POS machine.
2.4 The terminal(s) shall be used and located only at the Merchant site(s) stated in the Merchant application form (clause 13 of this Agreement). The Merchant must at all times know the location of the terminal(s). ZB Bank shall conduct spot checks to ensure this condition is adhered to. Any relocation of terminal(s) must be approved by ZB Bank in writing.
2.5 The telemetry SIM card inside the terminal, is the property of ZB Bank and shall not be removed from the terminal or used for any other purpose. Any abuse of this SIM card, which might incur charges, shall be billed to the Merchant and the terminal shall be withdrawn immediately.
2.6 Terminals shall only be operated by staff nominated and authorized by the Merchant. The Merchant`s customers shall not in any way be permitted to operate the terminal.
THE MERCHANT’S OBLIGATIONS. 4.1 Compliance with the Agreement and restrictions
(a) The Merchant shall comply, and shall ensure that each person acting on its behalf complies, with the Agreement.
(b) The Merchant shall not:
(i) if applicable, honour a Transaction or Alternative Payment Scheme Transaction where the provision of credit is unlawful;
(ii) supply any other person with equipment to enable them to effect Transactions or Alternative Payment Scheme Transactions nor present to Paysafe any Transaction Data which has not originated as a result of a transaction between the Merchant and a Cardholder or Account Holder (as applicable); or
(iii) without Paysafe's prior written consent, accept Transactions or Alternative Payment Scheme Transactions for goods and/or services whilst trading under any company or business name other than that specified in the Application Documentation.
THE MERCHANT’S OBLIGATIONS. 5.1 The Merchant undertakes: • to comply with the Agreement and any directions relating to the Agreement from Bambora or from any party retained by Bambora, including instructions provided in responses from Terminals or other forms of authorisation systems, including automated voice response; • to accept all Cards bearing a trademark and of a card type which the Parties have agreed shall be covered by the Agreement irrespective of amount, for payment for all of the Merchant’s goods and services. Bambora shall be entitled to register and market the fact that the Merchant accepts Cards as a means of payment; • to respond to Cardholders’ disputes and handle chargebacks in accordance with the Network Regulations (“Chargeback”); • not to encourage the use of, or to accept, Cards 1) for any fraudulent purpose; 2) in any other manner which contravenes the permissible use of Cards; or 3) for any purpose not approved by the Cardholder; • in conjunction with payment by Card, unless otherwise agreed in writing: 1) not to dispense cash other than as may be permitted pursuant to the Instructions; 2) not to issue cheques or other payment instructions; or 3) not to secure payment for any claims other than payment for the Merchant’s goods and/or services; • not to use the Bambora trademark for any purpose other than as agreed in writing between the Parties; • to comply with applicable law and public authority regulations in force from time to time; • not to create multiple purchase transactions in respect of a single purchase with the same Card; and • not to transfer to Bambora Transactions which have been carried out at a party other than the Merchant.
5.2 Returns/crediting shall relate to a previously undertaken purchase transaction. The return/credit amount may not exceed the amount of the purchase transaction. The return/crediting shall take place using the Card which was used for the purchase transaction. The amount may not be refunded in cash unless otherwise agreed in writing between the Parties. In conjunction with returns/crediting, a signature receipt or equivalent basis for the Transaction shall be signed by the Merchant.
5.3 Where the Merchant itself possesses a Card, such card (where the Merchant is operated as a sole proprietorship, partnership, limited partnership or limited liability company which is a so called closely-held company (Sw: fåmansbolag) may not be used for payment at the Merchant. Possession of a Card means that the Cardholder and the Merchan...
THE MERCHANT’S OBLIGATIONS. 7.1. The Merchant must ensure all details of the MinePlex Transaction are correct (including the price and quantity of the goods and/or service). MinePlex is not liable for any loss or liability where the details of the MinePlex Transaction are incorrect.
7.2. The Merchant will not do anything, or engage in any activity, which is likely to adversely affect or damage the good name and/or reputation of MinePlex.
7.3. The Merchant will ensure that the Merchant’s details on the Merchant Portal (including the Merchant Account) are at all times up to date and correct. MinePlex accepts no liability for payments made to an incorrect account due to a Merchant providing the incorrect account details.
7.4. The Merchant will comply with all applicable laws and the Protocols when entering into each MinePlex Transaction and performing the Merchant’s obligations as set out in this Agreement.
7.5. The Merchant will be responsible for resolving any complaint or dispute relating to the Merchant’s goods and/or services, vouchers, loyalty programme or any other in-app promotions offered by a Merchant. MinePlex is not responsible for resolving any complaint or dispute between the Merchant and the MinePlex User.
7.6. The Merchant will cooperate with MinePlex, any Regulatory Authority, the Acquiring and/or Third Party Service Provider in the investigation of any actual or suspected fraudulent transactions or other criminal activity related to this Agreement, the Merchant and/or its goods and/or services, which may include the Merchant providing information, evidence and/or records.
THE MERCHANT’S OBLIGATIONS
