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Merchant Agreement
"I need a Merchant Agreement for my Canadian e-commerce business that sells digital products across multiple provinces, with specific provisions for recurring billing and multi-currency processing."
1. Parties: Identification of the merchant and payment processor/acquirer, including full legal names and addresses
2. Background: Context of the agreement, including the merchant's business nature and desire to accept payment cards
3. Definitions: Detailed definitions of technical terms, payment processing terminology, and other key concepts used throughout the agreement
4. Services: Description of payment processing services, supported payment methods, and service levels
5. Merchant Obligations: Key responsibilities of the merchant, including compliance with card network rules and security standards
6. Processing Terms: Rules and procedures for transaction processing, settlement, and funding
7. Fees and Payments: Fee structure, payment terms, and billing procedures
8. Security and Data Protection: Requirements for PCI DSS compliance, data security, and privacy protection measures
9. Representations and Warranties: Standard representations and warranties from both parties
10. Chargebacks and Disputes: Procedures for handling chargebacks, disputes, and related responsibilities
11. Term and Termination: Agreement duration, renewal terms, and termination rights
12. Indemnification: Mutual indemnification obligations and procedures
13. Limitation of Liability: Limitations on liability and exclusions of damages
14. Confidentiality: Protection of confidential information and trade secrets
15. General Provisions: Standard boilerplate provisions including governing law, notices, and assignment
1. Equipment and Software: Include when the agreement covers provision of POS equipment or software
2. Multi-Currency Processing: Include for merchants requiring multi-currency transaction processing
3. High-Risk Activities: Include for merchants in high-risk industries requiring additional monitoring and controls
4. Gift Card Services: Include when merchant will offer gift card programs
5. Integration Requirements: Include when specific technical integration requirements apply
6. Marketing and Branding: Include when agreement covers co-branding or marketing requirements
7. Reserve Requirements: Include when merchant must maintain a reserve account
8. Training and Support: Include when comprehensive training and support services are provided
1. Schedule A - Pricing and Fees: Detailed fee schedule including transaction fees, monthly fees, and other charges
2. Schedule B - Processing Parameters: Technical specifications for payment processing, including supported card types and transaction limits
3. Schedule C - Service Level Agreement: Detailed service levels, response times, and performance metrics
4. Schedule D - Security Requirements: Specific security protocols and PCI DSS compliance requirements
5. Schedule E - Merchant Locations: List of authorized merchant locations and processing parameters for each
6. Appendix 1 - Card Network Rules: Summary of relevant card network rules and requirements
7. Appendix 2 - Technical Integration Guide: Technical specifications for system integration
8. Appendix 3 - Prohibited Activities: List of prohibited merchant activities and restricted business types
Authors
Retail
E-commerce
Hospitality
Food and Beverage
Professional Services
Healthcare
Travel and Tourism
Entertainment
Education
Automotive
Real Estate
General Services
Legal
Finance
Operations
Risk Management
Compliance
Treasury
Information Security
Merchant Services
Account Management
Business Development
Technical Operations
Chief Financial Officer
Finance Director
Payment Operations Manager
Merchant Services Manager
Compliance Officer
Legal Counsel
Risk Manager
Operations Director
Business Development Manager
Account Manager
Treasury Manager
Financial Controller
E-commerce Manager
Retail Operations Manager
Information Security Officer
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