Merchant’s use of a Technical Service Provider Clause Samples

Merchant’s use of a Technical Service Provider a. The Merchant may utilise third parties to perform certain the Merchant obligations set out in this Schedule with our express written consent which may contain conditions as to the Merchant’s use of such a person (each such a party known as a “Technical Service Provider”). To be eligible for consent, each Technical Service Provider must (among other things) be registered with the applicable Card Association. b. If the Merchant is permitted to utilise a Technical Service Provider, the Merchant agrees and will procure that the Technical Service Provider will comply with the provisions relating to data and information security as set out in this Schedule (including, without limitation, PCI DSS requirements) as they apply to storing, processing or transmitting cardholder data to PayPal. c. Prior to, or from the appointment of a Technical Service Provider, the Merchant agrees to: i. notify PayPal in writing of the details of the Technical Service Provider that engages in, or proposes to engage in, the processing, storing or transmitting of cardholder data on the Merchant’s behalf, regardless of the manner or duration of such activities; ii. provide satisfactory evidence to PayPal that the Technical Service Provider is registered with the applicable Card Association; iii. comply with any requirements of the Technical Service Provider including, without limitation, complying with any requirements relating with respect to the Technical Service Provider’s services, hardware or software and obtaining any required end user consents for transmission of data through the Technical Service Provider; and iv. at PayPal’s discretion, provide PayPal with permission to register the Merchant with the relevant Technical Service Provider (as required). d. The Merchant agrees that it is solely responsible for the relationship with the Technical Service Provider and any data transmitted or made available to the Technical Service Provider. The Merchant’s failure to comply with the provisions set out in this paragraph 5, or the failure of the Technical Service Provider or gateway processor to register and/or comply with the applicable data security requirements may result in fines or penalties which the Merchant is liable for. PayPal may immediately terminate this Card Agreement upon the Merchant breaching this paragraph 5.
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