WIXLIB

Merchant service charge means themerchant service charge set out in themerchant application form.Merchant terms and conditions meansthese terms and conditions, which relate tous providing services to you.Minimum billing means the minimum levelof merchant service charge we will chargeyou each month, which will apply for eachof your merchant outlets, as set out in themerchant application form.Operating manuals means any operatingmanuals (including but not limited to anyinstructions, guides and manuals relatingto any additional service conditions) whichapply and which we (or our authorisedrepresentatives) make available to you,as updated, amended or replaced fromtime to time.Payment means a payment for goodsor services you have provided, which theaccount holder has authorised you tocharge to his or her account. The accountholder may authorise you as described inthese merchant terms and conditions,any additional service conditions,the procedure guide or any operatingmanuals that apply to you.PCI DSS means the payment-card-industrydata security standards which apply fromtime to time or any successor standards tothose standards.PCI PA-DSS means the payment-cardindustry payment application data securitystandards which apply from time to timeor any standards which replace thosestandards.PCI PTS means the payment-card-industryPIN transaction security standards whichapply or any standards which replacethose standards.PCI SSC means the payment-card-industrysecurity standards council, whose mainrole is to develop, manage, educate,and promote awareness of the PCI datasecurity standards within the card-issuingindustry, including publication of thePCI DSS, PCI PA-DSS and PCI PTS. Youcan find details of these standards at thefollowing: pcisecuritystandards.org or atany other location we may tell you about.PED means a PIN entry device.Person means and includes (unless it saysor the context suggests otherwise) anindividual or an unincorporated body(such as a partnership) or company.6PIN means the cardholder’s personalidentification number.Start date means the date we tell youthat this agreement will take effect or thedate you sign the application documents,whichever is later.Point-of-sale equipment meansthe hardware, equipment, softwareand other electronic computer andtelecommunications devices and equipment(including any PED) you use to process anyface-to-face transaction.Third-party payment applicationmeans any third-party-developed andcommercially available payment applicationthat you use that stores, processes ortransmits transaction data as part ofauthorisation or settlement.Procedure guide means the procedureguide which we make available to youdescribing the processes and proceduresyou must follow when accepting payments(including, but not limited to, processesand procedures related to any additionalservice conditions), as updated, amendedor replaced from time to time.Transaction data means payment details,refund details and any other card oraccount details, cardholder or accountholder details, authorisation, authenticationresponses, and settlement details youhave sent to us. These must be in a formthe relevant card scheme requests orin line with any other legal or regulatoryrequirement and which we have approved.Processing equipment means any item ofPIN-processing equipment including PEDsand hardware security modules.Your information has the meaning given incondition 26.1.1.2If there is any contradiction in the termsand conditions of the following documents,they will have the following order of priority:Retail outlet means a physical retail outletin the UK or in any other country which weagree with you and which you ownor operate.(a)The merchant application form(b)Any additional service conditions(c)Scheme means a payment scheme ormethod which we approve, including thecard schemes.These merchant terms andconditions(d)The procedure guide and anyoperating manuals which apply.Scheme rules means the collectiveset of bylaws, rules, regulations,operating regulations, procedures andwaivers issued by (or formed in relationto) a scheme, including any amendment,addition or replacement over time.1.3In this agreement, (a) ‘we’, ‘us’, ‘our’ meansBarclays Bank PLC of 1 Churchill Place,London, E14 5UP (including any successorbusiness) or any other person wemay transfer or assign our rights orobligations to under this agreement;(b) ‘You’, ‘your’ means the person shownas the merchant in the applicationdocuments and, unless the contextrequires otherwise, includes youremployees, staff, agents, subcontractors oranyone else acting on your behalf as wellas your personal representatives after yourdeath. (This does not apply to companies.)1.4In this agreement, (a) we considerreferences to ‘agent’ as including anymerchant agent we have approved;(b) when we refer to any enactment,it will include any amendment, additionor replacement and any legislation madeunder it.SecureCode means theMasterCard-approved authenticationproduct designed to allow MasterCard cardissuers to authenticate individual electroniccommerce transactions made with eithera Maestro card or a MasterCard card.Security code means any of the followingcontained in a card: the contents of themagnetic stripe; the card verification valuein the magnetic stripe or in a chip; the cardsecurity code; and the PIN verification valuecontained in the magnetic stripe.Services means us agreeing to transferfunds to you in respect of payments in linewith this agreement.In this agreement, (a) when we refer to anydocument we mean that document as inforce for the time being and as amended,updated or replaced from time-to-time;(b) the words ‘other’, ‘includes’, ‘including’,‘for example’ and ‘in particular’ do not limitany words that may come before themand you must not limit the scope of anywords that follow in terms of their meaningif it is possible to give them a broaderinterpretation; (c) any obligation to do ornot do something includes an obligationto arrange for that to be done or not done(whichever is relevant).VAT means value added tax and any othersimilar tax or duty.Purchase with cash back means youproviding cash to a cardholder, which youmay only do if the goods and services arepaid for using a card payment.Refund means a refund you give to yourcustomer of a payment for credit to thecustomer’s account.1.57

2Our payment responsibilities2.1Without prejudice to the other terms of thisagreement, including but not limited to ourright to withhold money or set off underthis agreement, we will pay you, in line withthe terms of this agreement, an amountequal to the value of all payments (lessany refunds) included in transaction datarelating to schemes that you send to us inline with this agreement.2.22.32.4Your responsibilities3.1Accepting cards or payments fromaccounts(a)(a)Information you gave undercondition 11;(b)Your levels of fraudulent transactionsor chargebacks;(c)The results of our general ongoingrisk assessments.While you are a deferred-settlementmerchant, payment of the amount dueunder condition 2.1 will usually reach yourbank account after the end of thedeferred-settlement period.2.6We will send or make available to youstatements on a monthly basis. It is yourresponsibility to check your statements ona regular basis. If there is any irregularity inyour statement, you will have 13 calendarmonths from the date of the relevantstatement to tell us about the irregularityor you will lose the right to challenge it later.(ii)(b)(c)(d)You must accept all valid andcurrent cards and payments fromaccounts which you are authorisedto accept (as described in thisagreement or which we tell youabout) as payment for goods orservices you provide at all of yourmerchant outlets. When a cardis presented for payment bya cardholder:(i)You acknowledge and agree that, as part ofour merchant recruitment process and onthe basis of information you have providedand searches and checks carried out onyou, we may let you know at the timewe accept your application that you willbecome a deferred-settlement merchant.If we do, we will also let you know thedeferred-settlement period which applies.2.583Without affecting condition 2.5 below,payment of the amount due undercondition 2.1 above will usually reach yourbank account 4 banking days after wereceive the relevant transaction data.This will depend on how you send yourtransaction data to us for processing andwhether or not you hold your bank accountwith us. Unless we agree otherwise,we will make payments under thisagreement in sterling.You acknowledge and agree that we mayat any time after the start date give youat least 2 months’ notice that you willbecome a deferred-settlement merchantfrom the end of that notice, and tell you thedeferred-settlement period which applies,based on:of accepting the card or paymentfrom an account. You must also keepto all relevant legal and regulatoryrequirements on providing detailsabout the surcharge.You should let us know as soon as possibleif you see something that you think isn’tright.for cards issued inside theEuropean Economic Area,you must accept all cards(other than commercialcards) within the same cardscheme and of the same cardcategory you accept; andfor cards issued outside theEuropean Economic Area,you must accept all cardswithin the same card schemeyou accept, no matter whatcard category they are.If we tell you, you must not setany minimum limit or maximumlimit on payment values. Details ofpayments on which you cannot setany minimum or maximum limit arein the procedure guide or operatingmanuals. These include all cardpayments. Without affecting condition(c) below, you must, in your dealingswith your customers, treat purchasesby card or from accounts in exactlythe same way as cash purchases,including charging the same price.You may decide to surchargenon-consumer cards for making apayment from an account if you areaccepting payments in the UnitedKingdom or any other country wherenational laws allow you to do so.It is your responsibility to checkthese requirements yourself. If youdo decide to surcharge customersfor using a card or making apayment from an account, you musttell the customers the amount of thesurcharge or how you calculate itbefore they authorise the payment.Any surcharge must bear areasonable relationship to your cost3.2value of sales made to a cardholderat any one time over more thanone card transaction to avoid gettingour authorisation.(b)There will be times when you willhave to get authorisation, eventhough the face-to-face transactionvalue is below your floor limit, orcontactless transaction is belowthe contactless limit. This is dueto the chip technology on the cardas it has extra security checksbuilt into it. In this case, you mustalso get authorisation through usbeforehand.(c)In all cases where you needauthorisation, you must do this atthe time of purchase, before yousend us the transaction data.(d)You must cancel any authorisationfor a card payment if you or thecardholder decides not to go aheadstraight away with thecard payment.(e)When you ask us for authorisation,we contact the card issuer toapprove the card payment.If you do not ask for authorisationwhere needed under this condition,or if authorisation is refused,you must not complete the cardpayment. You must not re submita card payment for authorisation ifthe original authorisation is refused,and if you do so and rely on anysubsequent authorisation, you agreethat you do so at your own riskand will be liable and will indemnify(meaning, in plain English,makinggood each other’s losses) us forany chargeback or other losses inrelation to that card payment.If you accept electronic commercetransactions, your website willclearly and prominently display allinformation required in line withscheme rules, including:i)the merchant outlet locationthat we give you;(ii)the address for cardholdercorrespondence;(iii)the address from whichyour electronic commercetransactions are carried out;(iv)a customer data-privacypolicy;(v)a description of your securitycapabilities (for exampleprocedures and processes forkeeping your equipment safe);(vi)a description of how youtransmit card details;(vii)the scheme marks;(viii)a complete description ofthe goods or services youare offering;(ix)a return and refund policy;(x)contact details for yourcustomer service, includingan email address andtelephone number;(xi)the currency in whichtransactions will be made;(xii)any export restrictions thatwill apply to the goods orservices you are offering; and(xiii)your policies on delivery andsplit shipments of goods.(f)(g)Authorisations just to validate acard, usually for an amount between 0.01 and 1.00, are not allowed.If you want to validate a card with nosubsequent settlement, you mustprocess this as an account statuscheck in line with the process set outin the procedure guide or as we mayotherwise tell you about.(h)Authorisation of a card payment isnot a guarantee of payment and itdoes not prevent us from recoveringa chargeback or other amount inrelation to the card payment if thisis allowed under the terms of thisagreement.AuthorisationYou must get authorisation for eachpayment in line with the scheme ruleswhich apply to the payment. The followingwill apply to all card payments:(a)You must get authorisation throughus beforehand from the relevantcard issuer for all face-to-facetransactions (other than validcontactless transactions) where thevalue is above your floor limit,and all card-not-presenttransactions. You must not split the9

3.3SanctionsUnless you get our written agreementbeforehand, you must not submit anypayment which relates in any way to anycountry or person that is governed byany economic sanctions imposed by theauthorities of the United Kingdom, theEuropean Union, the United States ofAmerica or the United Nations.3.4(b)Without affecting condition 18.6,you must send us transaction datain line with the requirements setout in the procedure guide and anyoperating manual which applies.It is your responsibility to make surethat all transaction data you sendto us is complete and accurate. If weask you to, you must send thesedetails to another person we haveapproved instead of or as well as us.When you send us (or our approvedthird party) transaction data,this is your confirmation that youhave provided goods or services tothe cardholder or account holderand that you have not failed to meetany responsibilities you may have tothe cardholder or account holder.If you have failed to meet any of yourresponsibilities to the cardholder oraccount holder, you will also havebroken this agreement.When you send us transaction data:(i)If the value of refunds is morethan the value of payments,the difference will be due fromyou to us and we will collectthe difference from you (youmust keep to the procedureswe tell you about relating tocollecting the payment); and(ii)You must make sureit includes the correctidentification for the relevanttype of payment.Holding back cardsIf we ask you to hold back any card, youmust do so unless you believe that you103.12No agency3.8Keeping to your agreementYou must at all times during the termof this agreement keep to (and makesure that your employees, staff, agents,subcontractors or others acting onyour behalf keep to) all parts of youragreement with us. Following any changes,updates, replacements or additionsto your agreement with us, it is yourresponsibility to review and keep to (andmake sure that your employees, staff,agents, subcontractors or others actingon your behalf keep to) any changes,updates, replacements or additions to youragreement with us.3.9Purchase with cash backYou may provide purchase with cash backonly if you keep to any relevant conditionsin the procedure guide and we have alsogiven you separate written permission.3.10Deposit and pre-paymentsIf you want to send us transaction data fordeposits or pre-payments, you must firstget our written approval.3.113.13Without affecting condition 3.11 (b)you must only send us transactiondata for payments by cardholdersor account holders to you for goodsor services (including purchase withcash back) you have provided.(b)You must not process paymentsmade by any director, employee orother member of your business(or other individual closely connectedwith your business) except forlegitimate purchases of goods orservices (but not to supply cash)provided by you.(c)You may not send us anytransaction data produced on animprinter or any other equipmentoutside the United Kingdom unlesswe allow you to.(d)You must not allow anyone else touse equipment which would allowthem to accept or initiate paymentsunder this agreement.3.17Any refund must be made on the samecard or account as was used for theoriginal payment. You must not make arefund with cash if the original purchasewas made using a card or account.3.14(a)The security code is compulsory ifit is supported by the card schemefor the relevant card. Without a validsecurity code (if the card schemerequires this), we may not authorisethe payment.(b)You must not extract (take),keep or reveal any security code,other than for the purpose ofprocessing transaction data.Internet authenticationYou are responsible for authenticatingelectronic commerce transactions inline with scheme rules if you are notusing one of our additional services forePDQ or SmartPay.3.15Security codeRefunds3.17You must not use any of our intellectualproperty rights for any purpose withoutour written permission beforehand. Ifwe agree to you using our intellectualproperty rights, the following will apply:(a)We grant you a non-exclusive,non-transferable (in any way orform, including using a sublicence),royalty-free, licence or sublicence(whichever applies) to use ourintellectual property rights only inconnection with and for purposesof carrying out your responsibilitiesunder this agreement and in theway, form and medium that we willtell you about. If we tell you aboutany changes to the way, form ormedium in which you are entitled touse our intellectual property rights,you must keep to our notice within14 banking days.(b)We may withdraw the licence orsublicence (whichever applies)granted under condition (a) above atany time if you use our intellectualproperty rights for a purpose, in away, form or medium we have notapproved.(c)Nothing in this agreement will betaken to be a transfer or assignmentof any of our intellectual propertyrights to you by reason of youruse of our intellectual propertyrights as allowed under the termsCo-badged cardsIf a cardholder presents a card forpayment and the card includes tw

and fees, including the merchant service charges, any fees due for the additional services we provide to you, and any other charges or fees set out in your merchant application form, or that we tell you about in line with condition 17. Chip-and-PIN compliant means that: (a)point-of-sale equipment The is fully approved, installed, tested and