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Merchant Agreement Template for Canada

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Key Requirements PROMPT example:

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."

Document background
The Merchant Agreement serves as the foundational contract between payment processors/acquirers and businesses accepting card payments in Canada. This document is essential for any business looking to process credit and debit card transactions, whether in-person or online. The agreement must comply with Canadian federal regulations, including the Payment Card Networks Act and PIPEDA, as well as provincial consumer protection and electronic commerce laws. It typically covers critical aspects such as payment processing terms, fee structures, security requirements, and compliance obligations. The Merchant Agreement is particularly important as it establishes the rights, responsibilities, and liabilities of both parties while ensuring adherence to card network rules and Canadian banking regulations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses








































Relevant Industries

Retail

E-commerce

Hospitality

Food and Beverage

Professional Services

Healthcare

Travel and Tourism

Entertainment

Education

Automotive

Real Estate

General Services

Relevant Teams

Legal

Finance

Operations

Risk Management

Compliance

Treasury

Information Security

Merchant Services

Account Management

Business Development

Technical Operations

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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