Common use of ACCEPTING CARDS Clause in Contracts

ACCEPTING CARDS. 2.1 You will: (a) accept Cards which we have offered to Acquire for you ; (b) process all Transactions exclusively with us during the term of the Agreement unless we have agreed otherwise in writing; and (c) indicate your consent to accept any type of Card in writing, or by any other method, including fax, email or telephone. 2.2 You will not: (a) charge Cardholders prices for goods or services that exceed your ticketed or posted price for such goods or services; (b) impose any fees, other charges or other conditions for the use of a Card as a means of payment, generally known as surcharging, without our prior written approval; (c) require a minimum amount of goods be purchased or services be performed before accepting a Credit Card; or (d) accept a Card to collect or refinance an existing debt with respect to Credit Cards only. 2.3 You will submit all Credit Card Transactions to us within 2 Business Days of the date of the Transaction. If you fail to do so, we may adjust the fees and charges applicable to such Transactions. If you fail to close a Batch (if applicable) within such period, we have the right to close such Batch at any subsequent time. 2.4 You will not make any cash advance to a Credit Cardholder or any other person as a part of a Credit Card Transaction, or include the amount of any cash advance in the sum being invoiced to a Credit Cardholder in a Remote Transaction. 2.5 You will not attempt to obtain multiple Authorizations for a single Transaction on a single Credit Card or to reduce or disguise the amount of any Transaction by the use of multiple Remote Transactions (known as “split ticketing”). 2.6 You will not deposit a Remote Transaction with any other financial institution, deposit more than one copy of a Remote Transaction with us, or receive credit or payment more than once, from any source, for any Remote Transaction. 2.7 You will not deliver Remote Transactions to us in respect of fictitious or fraudulent Transactions or with respect to any Transaction that is illegal or may, in the sole discretion of a Payment Card Network, damage the goodwill of such Payment Card Network. 2.8 You will not factor (process a Remote Transaction of or for another person), sell or otherwise transmit Remote Transactions (except as permitted in the Agreement). 2.9 You will not submit Remote Transactions to us that do not relate to your Transactions. 2.10 You will not deposit or complete a Remote Transaction for payment using a Card that we have notified you not to honour, that has been declined or in respect of which you have been unable to obtain an Authorization. 2.11 You acknowledge and agree that an Authorization indicates available credit on the Credit Card or funds in the Cardholder’s bank account only, and does not mean that a Transaction has been authorized by the Cardholder or that it is authentic or valid. An Authorization does not limit our rights under Article 5.0 or this Article 2.0. 2.12 If you are in the restaurant business, you must ensure that the final sale price of any pre- authorized Credit Card Transaction that you process does not exceed the pre-authorized amount by more than 20%. 2.13 You will ensure that you and your employees only submit Transactions for valid and legitimate purchases from you of goods or services. 2.14 You will not engage in any acceptance practice that discriminates against or discourages use of a Credit Card in favour of another Credit Card, except that you may offer discounts pursuant to Section 17.3.

Appears in 2 contracts

Sources: Merchant Services Agreement, Merchant Services Agreement