¶¶Òõ¶ÌÊÓƵ

The Tolling Agreement Credit Card is a crucial document used in the German market to establish and regulate the relationship between payment service providers and merchants for credit card processing services. This agreement becomes necessary when businesses need to process credit card payments and require a formal framework that complies with German banking laws, EU payment services directives (PSD2), and data protection regulations (GDPR). The document typically includes detailed fee structures, service level commitments, security protocols, and compliance requirements. It's particularly important in the German context due to specific local banking regulations and consumer protection laws that must be addressed. The agreement serves as both an operational and compliance tool, ensuring all parties understand their rights, obligations, and responsibilities in the payment processing relationship.

1. Parties: Identification of the credit card processor and the merchant, including full legal names and registration details

2. Background: Context of the agreement, including the merchant's business nature and need for credit card processing services

3. Definitions: Detailed definitions of technical terms, including 'Processing Services', 'Transaction Fees', 'Settlement', 'Chargebacks', etc.

4. Scope of Services: Detailed description of credit card processing services to be provided

5. Processing Requirements: Technical and operational requirements for transaction processing

6. Fees and Payment Terms: Structure of processing fees, payment schedules, and settlement procedures

7. Security and Compliance: Requirements for PCI DSS compliance, data security, and regulatory compliance

8. Service Levels: Performance standards, availability requirements, and response times

9. Representations and Warranties: Standard and specific warranties related to service provision and regulatory compliance

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data processing requirements

14. Governing Law and Jurisdiction: Application of German law and jurisdiction details

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment