Common use of FURTHER RESPONSIBILITIES Clause in Contracts

FURTHER RESPONSIBILITIES. a. The Merchant shall not electronically transmit or otherwise process any Electr onic Commerce Transactions with Visa and/ or MasterCar d resulting from merchandise sold or services performed (o r alleged to have been sold or performed) by parties other than itself. b. The Merchant agrees not to disclose or remit to any third party any credit card account information or other documents or forms evidencing such information, except to its accountants or lawyers or under compulsion of law. c. The Merchant agrees to comply with the operating guidelines the Bank will issue to it from time to time, in accordance with Visa and MasterCard and the ETA. d. The Merchant agrees to accept responsibility for incorrect data it provides or provided by its employees or agents or any other persons inputting data through any virtual terminal installed on pr emises that it controls. CS9-12 f. The Merchant agrees to retain the “ Merchant copy” of each completed Electronic Co mmerce Transaction Receipt and credit form and any othe r records relating to the Electronic Commerce Transacti on for at least three years in original and/or disk, micr ofilm or microfiche form or such other period as may from time to time be required by the rules of either the Bank’s credit card processing bureau, MasterCard International, Inc. or Visa International Inc. g. The Merchant agrees to produce any requested electronic data to the Bank wi thin four (4) days (including non-business days and public holidays). The Merchant understands and agrees that it will be liable for any charge-backs imposed as a result of its failure to deliver requested documents within th e specified time period. h. The Merchant agrees that the Bank’s records as to whether any transaction has been performed, and the Bank’s account or determina tion of the details of any Electronic Commerce Transact ion will be correct and binding on them in the absence of any contrary evidence that is satisfactory to the Bank. i. The Merchant agrees not to settle any Electronic Commerce Transactions, thereby causing a charge to the Purchaser, until the date of sh ipment and/ or delivery of the goods. j. The Merchant agrees that the Merchant shall not hold itself out in any way as the agent of the Bank for any purpose and further agrees that Merchant shall not link to or frame any Website or portion thereof belonging to the Bank, Promisant or the Card Organisa tions without their specific permission in wr iting. The Merchant shall not infringe any copyright of the Bank’s Promisant’s or the Card Organisations nor a ppropriate in anyway any of their Intellectual Property. Neither the Bank, Promisant nor the Card Organisations accept any liability for any statement that the Merchant may make about the Bank, Promisant, this Agreement or the card processing system generally.

FURTHER RESPONSIBILITIES. a. 11.1 The Merchant shall not electronically transmit or otherwise process any Electr onic Commerce Transactions with Visa and/ or MasterCar d to the Bank resulting from merchandise sold or services performed (o r or alleged to have been sold or performed) by parties other than itself. b. 11.2 The Merchant agrees not to disclose or remit to any third party any credit card account information or other documents or forms evidencing such information, except to its accountants or lawyers or under compulsion of law. c. 11.3 The Merchant agrees to comply with the operating guidelines the Bank will issue to it from time to time, in accordance with Visa and MasterCard and time (including where applicable guidelines or requirements imposed by any of the ETACard Organizations). d. 11.4 The Merchant agrees to accept responsibility for incorrect data it provides or that is provided by its employees or agents or any other persons inputting data through any virtual terminal installed on pr emises premises that it controls. CS9-12. f. 11.5 The Merchant agrees to retain the “ “Merchant copy” of each any completed Electronic Co mmerce Transaction Receipt and credit form and any othe r other records relating to the Electronic Commerce Transacti on Transactions for at least three years eighteen (18) months in original and/or disk, micr ofilm microfilm or microfiche form or such other period as may from time to time be required by the rules of either the various Card Organisations or as may be requested by the Bank’s credit card processing bureau, MasterCard International, Inc. or Visa International Inc.. g. 11.6 The Merchant agrees to produce any requested electronic data to the Bank wi thin four within five (45) days (including non-business days and public holidays)of the date of the request. The Merchant understands and agrees that it will be liable for any chargeCharge-backs imposed as a result of its failure to deliver requested documents within th e the specified time period. h. 11.7 The Merchant agrees that the Bank will generally settle card transactions based on gross sales less refund adjustments, the applicable processing rate when due, chargebacks and any other amount owed to the Bank. 11.8 The Merchant agrees that the Bank’s records as to whether any transaction Transaction has been performed, and the Bank’s account or determina tion determination of the details of any Electronic Commerce Transact ion Transaction, whether maintained electronically or by some other medium, will be correct and binding on them in the absence of any contrary evidence that is satisfactory to the Bank. i. The Merchant agrees not to settle any Electronic Commerce Transactions, thereby causing a charge to the Purchaser, until the date of sh ipment and/ or delivery of the goods. j. 11.9 The Merchant agrees that the Merchant shall not hold itself out in any way as the agent of the Bank for any purpose and further agrees that Merchant shall not link to or frame any Website or portion thereof belonging to the Bank, Promisant or the Card Organisa tions Organizations without their specific permission in wr itingwriting. The Merchant shall not infringe any copyright of the Bank’s Promisant’s ’s, or the Card Organisations Organization’s nor a ppropriate appropriate in anyway any way any of their Intellectual Property. Neither the Bank, Promisant nor the Card Organisations accept any liability Organizations will be liable for any statement that the Merchant may make about the Bank, Promisant, this Agreement or the card processing system generally.