OTHER TERMS AND CONDITIONS
These Other Terms and Conditions provide additional information relevant to the services provided by Truevo, namely Acquiring Services and OCT Services.
“Aggregated Transactions” means a Transaction that is completed by a Merchant that combines multiple purchases made by the same Cardholder on the same account number into a single Transaction before submitting it for payment processing.
“Dynamic Currency Conversion” is a service that allows international Cardholders the option to pay for goods in their own currency when using a Card at the point of sale, rather than the local currency.
“Gambling Transaction” means any Transaction involving any of the activities of betting, wagering, lotteries or involving any activity as may designated as gambling activity by Truevo from time to time.
”Guaranteed Reservation” is a reservation made by a Cardholder who provides an account number, but where no payment is taken, at the time of reservation to ensure that accommodations, goods or services will be available as reserved and agreed with the Merchant.
“Surcharge” means an extra fee, charge or tax added upon the cost of the goods or services, beyond the originally quoted price.
“Truevo Group” shall include any subsidiary or holding / parent company of Truevo.
The capitalized terms defined in the Agreement and any of the Service Schedules shall bear the same meaning and shall apply to these Other Terms and Conditions.
1. LICENSED AREA OF USE
1.1 The Merchant must be located in Truevo’s licensed area of use which comprises the following:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta , Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Netherlands, United Kingdom.
1.2 Unless otherwise agreed, the Merchant agrees to accept, from Merchant’s location, Cards as payment for its goods and/or services supplied within the normal range of its activity and without discriminating any Cards. Merchant shall ensure that the Merchant’s location shall meet the requirements as set under the Card Association Rules.
2.1 PROHIBITED INDUSTRIES
2.1.1 Truevo has established and maintains the following list of prohibited industries, which will not be accepted by Truevo. The Merchant acknowledges that Truevo retains in all cases a discretion in refusing to accept a Merchant or Transaction and to determine whether or not any Transaction or activity carried out by the Merchant is considered to fall within the below list of prohibited industries.
|General Business Type||Description|
|Academic paper-writing and test-taking services||Individuals who falsely take up tests or exams in the name of other individuals; and individuals who prepare documents (such as dissertation, theses, assignments etc.) to be presented to academic institutions for the purpose of obtaining certifications, diplomas, degrees etc. Pre-written essays, thesis papers, and dissertations; offers for paper-writing or test-taking services.|
|Adoption agencies – for profit||Agencies that take payment for the placement of infants with adoptive parents.|
|Animals and regulated species||Animal parts, blood, or fluids; noxious weeds; prohibited seeds; plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law.|
|Any services providing peripheral support of illegal activities||Any legal services that promote, directly or indirectly, illegal activities.|
|Binary Options||The most common binary options trading is the ability to trade on the possibility of the value of a stock or currency to increase or decrease within a pre-set time frame. If a trader wagers correctly on the market’s direction and price at the time of expiration, he or she is paid a fixed return regardless of how much the instrument has moved since the transaction, while an incorrect wager loses the original investment.|
|Child pornography, bestiality and any other illegal content||Any merchant providing pornographic content or services involving the use of a minor, or one appearing to be a minor, engaging in sexually explicit conduct.
Any merchant providing pornographic content or services related to sexual intercourse between a person and an animal.
|Copyright media and software||Unauthorised copies of books, music, movies, and other licensed or protected materials including copies without proper attribution; and unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled software|
|Counterfeit and unauthorised goods||Replicas or imitations of designer or other goods; items without a celebrity endorsement that would normally require such an association; fake autographs; currency; stamps; tickets; other Prospectively unauthorised goods|
|Devices or techniques for unlocking technical protection measures||Mod chips or other devices for circumventing technical protection measures on digital devices, including for unlocking iPhones|
|Digital Game Reseller Services||Merchants providing illegal commercial services related to digital games, selling gaming accounts, although such merchants may purport to be reselling digital content.
In these instances, the merchant often:
1. Provides cardholders with account login credentials for digital games (which may have been stolen or set up for illegal commercial services).
2. Enables the cardholder to download digital games, build in-game progression (also referred to in the digital gaming world as “leveling up”), or purchase virtual gaming currency
3. Mastercard has been advised by digital game rights holders that these merchant goods and services are not authorised, are unlawful, and typically breach third party intellectual property (IP) and terms of service agreements for the platforms and games
|Drug paraphernalia||Any business whose products are solely intended for aiding the consumption of illegal drugs.|
|Government IDs, documents, or uniforms||Including but not limited to government issued IDs, passports, diplomas, noble titles, and uniforms, except if sold by an authorised government agency or by a supplier accredited by an authorised government agency.|
|Gun sales over the Internet||Any sale of firearms over the Internet.|
|Hacking and cracking materials||Manuals, how-to guides, information, or equipment that violate the law by damaging or enabling unlawful access to software, servers, websites, or other protected property|
|Human parts and remains||Organs or other body parts; body fluids; stem cells; embryos|
|Illegal telecommunications equipment||Devices intended to obtain cable and satellite signals for free, cable descramblers and black boxes, access cards, access card programmers and unloopers, unlawful tools or products to modify cellular telephones, and other equipment deemed unlawful by the Federal Communications Commission (FCC) or other competent regulatory body in the country in which the goods are offered for sale|
|Illegal/Stolen goods||Materials, products, or information promoting illegal goods or enabling illegal acts; goods you do not own or have the right to sell; goods produced in violation of a third party’s rights; smuggled goods and goods in violation of export, import or labelling restrictions; motor vehicles subject to transfer restriction; goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online|
|Jamming equipment||Merchants offering “cell jammers” or similar devices designed to block communications and create a “quiet zone” in vehicles, schools, theatres, restaurants, and other places.|
|Online Pharmaceuticals||Unlicensed or unauthorised sale of controlled drugs|
|Protected cultural items and artefacts||Material covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer; Artefacts, cave formations (speleothems, stalactites, and stalagmites) and grave-related items that are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act|
|Sale of Government-issued Licences||Merchants marketing themselves to consumers as selling or distributing government-issued licenses, , for which these merchants do not have the legal authority to sell, offer, or distribute.
Governments have requirements for obtaining licences related to government-regulated activities, including but not limited to, driving, boating, fishing, and hunting.Oftentimes, these licenses are only distributed by their respective government agencies
|Unlawful internet gaming and gambling||The provision of internet gaming and gambling services that are not adequately licensed for the type of service being given.|
|Unregulated Forex||The provision of Forex-related services without the necessary licence.|
2.2 Other general Prohibitions
2.2.1 The Merchant is prohibited from the following:
(a) submitting to Truevo any Transaction that is illegal or which may damage the goodwill or reflect negatively of Truevo or the Card Association, which Transactions include the sale of a product or service, including an image, which is patently offensive and lacks serious artistic value (such as, by way of example and not limitation, images of nonconsensual sexual behavior, sexual exploitation of a minor, nonconsensual mutilation of a person or body part, and bestiality), or any other material that the Card Association deems unacceptable to sell in connection with a Card Association Mark;
(b) accepting a Card for sales where the amounts charged do not correspond with the value of the goods or services purchased or rendered;
(c) accepting a Card for sales made under a trade or business name, business affiliation and/or industry which is different from that agreed with Truevo;
(d) accepting a Card for amounts which do not represent a bona fide sale of goods or services at the Merchant’s outlet;
(e) accepting a Card for a Transaction which the Merchant knows or should know to be fraudulent or not authorised by the Cardholder;
(f) accepting Cardholder payments for previous Card charges;
(g) disbursing funds in the form of cash, unless specifically authorised in writing to do so;
(h) accepting any cash payments with respect to charges for goods or services that are included on a Transaction Receipt resulting from the use of a Card;
(i) processing a Transaction for collection of a dishonoured cheque;
(j) accepting the Card or submitting Transactions for settlement on behalf of another Merchant or other third party;
(k) revoking, or in any way change/alter any instructions given to the Merchant’s bank or institution, by which Truevo was authorised in terms of the Agreement to debit any sums from the Merchant’s Settlement Account;
(l) requiring directly or indirectly any Cardholder to pay a surcharge or any part of any Merchant discount or any contemporaneous finance charge in connection with a Transaction. A Merchant may provide a discount to its customers for cash payments. A Merchant is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like Transactions regardless of the form of payment used, or as the Corporation has expressly permitted in writing.
(m) requiring, or indicating that it requires, a minimum or maximum Transaction amount to accept a valid and properly presented Card;
(n) selling, purchasing, providing, exchanging or in any manner disclose account or Transaction data, including but not limited to the Account PAN, PAR, or Token, or personal information of or about a Cardholder to anyone other than Truevo, to Card Association, or in response to a valid government demand;
(o) accepting a Card for goods and/or services which fall outside the nature of the business indicated in the Merchant Agreement and/or, in the case of a corporate Merchant, which fall outside its objects as specified in its Memorandum and Articles, statute or similar constitutional document;
(p) Truevo shall not use Transaction Data to create or maintain a repository of any Card Association primary account numbers (PANs) and corresponding Account PANs or perform mapping of any Card association token PANs to Account PANs for any purpose; and
(q) imposing a requirement that the Cardholder waive a right to dispute a Transaction.
2.2.2 A Merchant must not submit to Truevo, and a Customer must not submit to the Interchange System, any Transaction that:
(a) represents the refinancing or transfer of an existing Mastercard Cardholder obligation that is deemed to be uncollectible; or
(b) arises from the dishonor of a Cardholder’s personal check.
2.2.3 A Merchant may submit a Transaction identified with MCC 6051 (Quasi-Cash—Merchant) for the payment of an existing Cardholder obligation owed to the Merchant.
2.2.4 A Merchant must not impose, as a condition of Card acceptance, a requirement that the Cardholder waive a right to dispute a Transaction.
3.1 COMMUNICATION OF FEES
3.1.1 The Merchant agrees that it may elect to be charged Fees in blended form as set out in the Service Schedule. The Merchant understands that it may request unblended Fees and specified information on the components of such Fees applicable with respect to each category and brand of Cards for those Cards that are subject to Regulation (EU) 2015/751 and in accordance with same to not to applicable Merchant discount rates unless specifically requested to do so by the Merchant.
3.1.2 The Merchant may obtain information on the Interchange Fees as well as the relative rules and regulations from their respective websites (e.g. Visa ‐ visaeurope.com /Mastercard ‐ www.mastercard.com).
3.1.3 A Merchant must not directly or indirectly require any Cardholder to pay a surcharge or any part of any Merchant discount or any contemporaneous finance charge in connection with a Transaction.
3.1.4 A Merchant may provide a discount to its Customers for cash payments. A Merchant is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like Transactions regardless of the form of payment used, or as the Corporation has expressly permitted in writing.
3.1.5 Should Truevo receive ad hoc requests from the Merchant, Truevo reserves the right to charge additional fees, which shall be quoted to the Merchant prior to the fulfilment of such request, and shall only be charged upon the confirmation of the Merchant to proceed with the request. Any amounts due shall be deducted from the funds in the Payment Account, or when unavailable, claimed directly from the Merchant.
3.2 SETTLEMENT LIMITS
3.2.1 In order to cover administrative and other costs, Truevo shall only settle funds to the Merchant where the said funds exceed the below listed amounts:
|Settlement Currency Name||Settlement Currency Code|
|Hong Kong Dollar**||HKD|
|New Zealand Dollar||NZD|
|South African Rand||ZAR|
For all the above-mentioned currencies, the minimum payment threshold value is at “100” of the settlement currency.
* Denotes unsupported by VISA
** Denoted unsupported by Mastercard
3.3 OTHER FEES
3.3.1 For Mastercard only, a fee amounting to 1.25% of the chargeback value is applicable when the chargeback amount is EUR1,000 or more. The Parties expressly agree that in addition to the Chargeback fees indicated above, Truevo shall invoice the Merchant EUR12 for such Visa Chargebacks and EUR15 for such Mastercard Chargebacks as are subject to additional fees in accordance with the criteria established by the respective Card Association, and as may be updated from time to time by the respective Card Association, without prior notice to Merchant.
This is reflected in the table below:
|Fee Description||Fee Amount|
|Fee for Mastercard chargebacks over EUR 1,000||1.25% of chargeback value|
|Mastercard Dispute Administration Fee||EUR 15.00|
|Visa Card Not Present (CNP) Unsecure Chargeback Fee||EUR 12.00|
|Visa Outgoing Arbitration||EUR 250.00|
|Visa Incoming Arbitration||EUR 250.00|
|Visa Arbitration Scheme Fee||EUR 500.00|
|Compliance Scheme Fee||EUR 500.00|
|Card Scheme Merchant Registration Fee||Card Scheme Fee|
3.4 TRUEVO SETTLEMENT ACCOUNT FEES
3.4.1 Truevo shall charge the following fees in respect to Truevo Settlement Accounts:
|Fee Description||Fee Amount|
|Rejected Payments Fee||EUR 5.00|
|Payment Investigation Fee||EUR 20.00|
|Monthly Account Dormancy Fee||EUR 20.00|
3.5 COMMERCIAL CARD FEES
3.5.1 Truevo shall charge the following fees in respect to Commercial Cards:
|Fee Description||Fee Amount|
|Card Load Fee||EUR 0|
|Status Change Fee||EUR 0|
|Balance Inquiry Fee||EUR 0|
|Account Inquiry Fee||EUR 0|
|PIN Change Fee||EUR 0|
|PIN Reminder Fee||EUR 0|
|Cash Withdrawal Fee||2% – subject to minimum EUR 2.50|
|Cash over the counter Fee||1.2% – subject to minimum EUR 8.00|
4. MERCHANT LOCATION
4.1.1 A Merchant’s location is at an address in the country where the Merchant conducts the business described in the Merchant application and governed by the Merchant Agreement.
4.1.2 The country of a Merchant proposing to engage in Card-Present Transactions is the country in which the Transaction takes place.
4.1.3 The country of a Merchant proposing to engage in Card-Not-Present Transactions is the country in which Truevo must certify that, and by entering into the Agreement with the Merchant does certify with respect to that Merchant that all of the following criteria are satisfied:
(a) The Merchant conducts business locally;
(b) The Merchant holds permits to operate locally;
(c) The Merchant complies with local tax laws and regulations; and
(d) The Merchant is subject to local consumer laws and courts.
4.1.4 A Merchant must prominently and clearly discloses to the Cardholder at all points of interaction (POI):
(a) The name of the Merchant, so that the Cardholder can easily distinguish the Merchant from any other party, such as a supplier of products or services to the Merchant; and
(b) The location (physical address) of the Merchant to enable the Cardholder to easily determine, among other things, whether the Transaction will be a Domestic Transaction or a Cross-border Transaction. The Merchant location must be disclosed before the Cardholder is prompted to provide Card information.
(c) The Merchant name and country location, as disclosed to the Cardholder at the POI and on Transaction Receipts, must be the same as what is provided in authorization and clearing Transaction messages.
5. ACCEPTANCE REQUIREMENTS
Use of the Card Association Marks
5.1 A Merchant is only permitted to use a Card Association Mark in accordance with the Agreement with Truevo. Any use of a Card Association Mark by a Merchant in advertising, acceptance decals, or signs, must be in accordance with the standards outlined in the Card Association Rules, including the reproduction, usage, and artwork standards, as may be in effect from time to time. The Merchant’s use or display of any Card Association Mark will terminate effective with the termination of the Agreement, or upon notification by the Card Association to discontinue such use or display.
5.2 Merchants shall display the appropriate Card Association Marks at the POI, wherever payment options are presented. The Card Association Mark may also be displayed in advertising or other materials or images at the physical or electronic POI to indicate brand acceptance. No other Card Association Marks may be used for these purposes. Truevo shall provide the Merchant with the appropriate artwork in a format authorized by the Card Association. The Merchant may be required to supply its Truevo with samples of any materials or images bearing the Card Association Marks. Card Association Marks must be clearly visible to the public at the POI.
5.3 At physical Merchant locations, the preferred way to communicate acceptance is to display the Card Association Marks on a main entry door or on a nearby window. If these locations are not available, the Card Association Marks must be displayed so they are seen easily from the outside. When a Cardholder-facing Card Reader (or “POS Terminal”) is present at a Merchant location that accepts a Card, the respective Card Association Marks must be displayed on the POS Terminal at parity (in terms of size, frequency, and location) with all other acceptance Card Association Marks of any type shown.
Unattended Card Readers or POS Terminals
5.4 The Card Association Marks must be displayed either on the POS Terminal or on its screen, or in both locations.
Mail order, telephone order, or recurring payment Transactions
5.5 For mail order, phone order, and recurring payment Transactions, the Acceptance Marks must be displayed where payment options are presented.
5.6 Card Association Marks, symbols, logos, or combinations thereof may appear in the same material or image with the other Card Association Marks, provided visual parity is maintained and no other acceptance Card Association Mark, symbol, or logo displayed is more prominent or likely to cause confusion concerning the acceptance of Cards. Each Card Association Mark must be displayed as a free-standing Card Association Mark, meaning that a Card Association Mark must not be displayed so as to suggest that it is either a secondary means of payment or exclusively linked to another acceptance brand.
5.7 Merchant Website must contain all of the following information:
- complete description of the goods or services offered for sale by that Merchant on its website;
- return/refund policy, cancellation policy and other purchase terms and conditions;
- Merchant service contact, including electronic mail address or telephone number;
- address of the Merchant’s permanent establishment and, disclosure of the Merchant outlet country either:
- on the same screen view as the payment page used to present the final Transaction amount; or
- within the sequence of web pages the Cardholder accesses during the payment process;
- a travel agency acting on behalf of another Merchant must display the location of the travel agency. If an airline ticket is sold by a travel agency, the Transaction country is the country in which the travel agency is located;
- Transaction currency;
- export restrictions, if any;
- delivery policy;
- the Merchant’s policy on split shipment of goods;
- security capabilities and policy for transmission of payment card details;
- length of the trial period, if any, to be clearly displayed on the payment page and the date on which any charges will commence.
- Make available to the Cardholder for at least 120 days from the Processing Date both:
- The name of the retailer, Transaction Date, and Transaction amount;
- If the retailer is responsible for answering questions about the purchase of the goods, an easy means for the Cardholder to contact the retailer.
5.8 In addition, the Merchant must:
- have a “click to accept” button, other acknowledgement or, checkbox or location for an electronic signature on its website evidencing that the Cardholder has accepted the return/refund policy;
- display its purchase terms and conditions and, return/refund or cancellation policies to the Cardholder during the order process: on the same screen used as the checkout screen indicating the total Transaction amount; or within the sequence of web pages accessed by the Cardholder prior to the final checkout; and for international Transactions, not by solely using a link to a separate page.
- the website may include a link leading to the purchase terms and conditions that contain the cancellation policy. The link must form part of the “click to accept” acknowledgement and refer to the cancellation policy;
- offer Cardholders a data protection method such as 3-D Secure and Secure Sockets Layer (SSL);
- ensure that Card Assocation logos are displayed on the website as per the guidelines stipulated by the same Card Associations.
5.9 An Electronic Commerce Merchant or a Mail/Phone Order Merchant must disclose the country of the Merchant Outlet to the Cardholder at the time of presenting payment options to that Cardholder.
6.1 If a Cardholder presents a Card at a Merchant located within the European Economic Area, and that Card is co-badged with another Card Association Mark accepted by the Merchant, that Merchant must:
▪ honour the Cardholder’s choice of Card Association; and
▪ process the Transaction in line with the Cardholder’s choice of Card Association.
6.2 A Merchant must honor all valid Cards without discrimination when properly presented for payment. A Merchant may not refuse to accept a Card that is properly presented for payment (for example: a Card that is foreign-issued or co-branded with the Merchant’s competitor’s mark). A Merchant must maintain a policy that does not discriminate among customers seeking to make purchases with a Card. A Merchant must not engage in any acceptance practice that discriminates against or discourages the use of a Card in favor of any other acceptance brand. A Merchant may attempt to steer customers who initially present a Card to an alternative method of payment, but may not do so in a manner that denies consumer choice. A Merchant may also consider whether present circumstances create undue risk (for example: if the sale involves high-value electronics but the Card signature panel is not signed, and the Cardholder does not have any other identification).
6.3 A Merchant may request but must not require a Cardholder to provide additional identification information as a condition of Card acceptance, unless such information is required to complete the Transaction, such as for shipping purposes.
6.4 Before honouring a Card, the Merchant agrees to verify that:
(a) A valid authorisation must be obtained for each Transaction.
(b) the printed 4 digits above the embossed Card Number match the first 4 digits of the Card number. Quasi-Cash Merchants, such as casinos and exchange bureaus, must write down the printed 4 digits on the ‘Merchant’s Copy’ of the POS chit.
(c) the signature on the Transaction Receipt matches the name embossed on the face of the Card, the signature of the Card and the signature on the identification presented, if applicable;
(d) the presenter of the Card is the person whose name is embossed on the face of the Card;
(e) the embossed account number on the face of the Card matches the printed number on the back of the Card and the account number of the Transaction Receipt;
(f) the Card, and in particular the signature panel, must not be visibly altered or mutilated;
(g) the Card has not expired;
(h) if applicable, that the presenter of the Card resembles the person depicted in any photograph intended for identification on the Card;
(i) the Card bears a genuine distinctive hologram device;
6.5 The Merchant shall adequately display the Card Association marks in such manner as to inform the public that the Card will be accepted at the Merchant’s place of business. Any such display shall be removed by the Merchant immediately upon termination of the Agreement for any reason whatsoever;
6.6 If a manual terminal is being used, authorisation must be obtained if amount of the Transaction exceeds the floor limit as may be determined by Truevo.
6.7 In the case of non-personalised or anonymous cards, the Merchant must:
(a) obtain an authorization;
(b) check that the card is signed at the back;
(c) unless a PIN is used to complete the Transaction, compare the signature on the card back with the signature on the Transaction Receipt before completing the Transaction.
6.8 Before presenting a Card for authorisation, the Merchant agrees to verify that the Merchant will not present for payment a Transaction which has failed any one or more of the authentication checks attempted for that Transaction type. Such authentication checks include but are not limited to CVV2/CVC2 and/or 3D Secure authentication.
6.9 In addition, in the case of Card Present Transactions:
(d) the Card must be kept by the Merchant until the Cardholder signs;
(e) if the Card is not signed or the signature differs, the merchant must:
- obtain an authorisation;
- ask the Cardholder to provide identification (but not record the Cardholder’s identification information)
- require the Cardholder to sign the card;
(f) when the Card is a Chip and PIN Card, the Merchant is to process the Card as prompted by the terminal and Transaction completed by the inputting of the PIN by the Cardholder, when and if prompted by the POS.
Card Not Present
6.10 A Merchant must be able to allow a Cardholder to choose which payment scheme is used to initiate a Transaction, for all payment schemes that that Merchant supports. If a Merchant chooses to stop accepting a type of Card within a particular brand of Cards, it must give Truevo no less than 30 days advance written notice together with the reasons thereof. A Merchant that accepts a Card of a particular Card Association must also accept other payment instruments of the same Card Association which are subject to the same regulated interchange fee, when properly presented for payment.
6.11 A Merchant is not prevented from expressing a preference for the use of a particular Card. A discount or other benefit may be applied at a POS location in the European Region as defined by the respective Card Association.
6.12 The Merchant must ensure that the Merchant Website is approved for processing through Truevo of Card Not Present Transactions.
6.13 Before submitting the first Recurring Transaction, the Merchant must (i) obtain the Cardholder’s consent to charge their Card for the same or different amounts at specified or different times; and (ii) notify the Cardholder that they are able to discontinue the Recurring Transaction at any time. The method the Merchant uses to secure the Cardholder’s consent must contain a disclosure that the Merchant may receive updated Card account information from the financial institution issuing the Cardholder’s Card. The Merchant must retain evidence of such consent for eighteen (18) months from the date the last Recurring Transaction is submitted by the Merchant.
6.14 The Transaction will not be honoured if:
(a) the Cardholder withdrew his authority to charge his account with the Recurring Transaction fifteen (15) calendar days prior to settlement date;
(b) the Cardholder’s account was closed before Transaction was processed;
(c) the Card issuer charged back the initial membership Transaction, by mail or phone, and the Cardholder did not expressly renew; or
(d) there is any other valid reason.
6.15 In the event that Merchant processes Recurring Transactions for services such as insurance services, Merchant acknowledges and agrees that Truevo undertakes no responsibility on Merchant’s behalf for the collection from or timely remittance of premiums or other dues by the Cardholders and Merchant agrees to indemnify and hold Truevo harmless from and against any claim, loss and/or liability to a Cardholder (or former Cardholder) arising out of the termination of his or her service coverage including insurance service cover.
7.1 The Merchant must disclose its refund policy to Cardholders at the time of the purchase and in compliance with applicable law and the refund policy shall not be less favourable for any Card then it is for other Cards.
7.2 Merchant agrees that it shall not make any cash refund to the Cardholder with respect to the return of any merchandise or services previously purchased with his Card. In such cases, the Refund shall be made, by crediting the account on which the original Transaction was carried out. Refunds can only be made to reverse previously processed Transactions: provided that in case of gambling Merchants, disbursements of winnings shall be allowed provided that: (i) the credit is effected to the same account number that was used to place the winning wager; and (ii) the Transaction representing the winning wager was lawfully made and properly identified.
7.3 Merchant must process a reversal or an adjustment if a Transaction Receipt was processed in error and this within 14 days.
7.4 Where the Cardholder’s authorisation did not specify the exact amount of the payment Transaction when the authorisation was made and the amount of the Transaction exceeded the amount the Cardholder could reasonably have expected taking into account his or her previous spending pattern, the conditions in his or her agreement with the Merchant and other relevant circumstances of the case (but not fluctuations in the rates of exchange where applicable), then, provided the Cardholder asks for a refund within eight (8) weeks from the debit date to the Cardholder’s account, Truevo will refund the Cardholder’s account with the full amount of the Transaction by debiting the Merchant’s Account. At Truevo’s request, the Merchant shall provide factual elements related to the conditions of the Cardholder’s Agreement with the Merchant.
8. TRANSACTION MESSAGE DATA
8.1 Each Merchant must be identified in authorization and clearing Transaction messages with the Card acceptor business code (MCC) that reflects the primary business of the Merchant. Any Transaction that includes the sale of products or services properly identified with one of the following MCCs must be identified with such MCC:
- Gambling Transactions (MCC 7995)
- Money Transfer (MCC 4829)
- Quasi Cash—Customer Financial Institution (MCC 6050)
- Quasi Cash—Merchant (MCC 6051)
9. TRANSACTION CURRENCY INFORMATION
9.1 Prior to acquiring Transactions on which Dynamic Currency Conversion has been performed, Truevo must register its intent to do so with the Card Association.
10.1 A prepayment must:
- be equal to the total cost of the goods or services if that prepayment is for the full payment of those goods or services; or
- be less than the cost of the goods or services if that prepayment is for the partial payment of those goods or services.
10.2 The amount of a prepayment must be off-set against the total cost of the goods or services to be paid by the Cardholder. A Merchant can accept a single prepayment that is for the full cost of the goods or services if:
- the Transaction is a Travel & Expenses (T&E) Transaction. A travel agency is a T&E Merchant to the extent that it acts as the agent of an airline, a car rental Merchant, a cruise line or a hotel.
- the Transaction is for the purchase of custom-made goods or services; or
- Any Merchants can accept a prepayment that is for the partial cost of the goods or services.
10.4 When initiating a first or only prepayment, the Cardholder must consent to, and the Merchant must provide, all of the following in writing to the Cardholder:
- description of the goods or services to be provided;
- terms of the service to be provided;
- the date and time the goods or services will be provided to the Cardholder;
- Transaction amount of that prepayment;
- where the prepayment is for the partial payment of goods or services, the total purchase price of those goods or services;
- terms of final payment, including the amount and currency;
- cancellation and refund policies, including, but not limited to, the date and time by which the Cardholder can cancel the purchase of the goods or services without forfeiting any payment that has been made; and
- any associated charges.
Cancelling a Prepayment
10.5 If a Cardholder cancels the purchase of goods and services that have been subject to a prepayment and the cancellation is made within the terms of the cancellation policy, the Merchant must provide to the Cardholder both of the following within three (3) business days:
- cancellation or refund confirmation in writing; and
- credit Transaction Receipt for the amount paid by the Cardholder and that was agreed as refundable in the cancellation policy.
10.6 If the Cardholder does not pay the balance for or does not cancel the purchase of goods and services that have been subject to a prepayment within the terms of the cancellation policy, the Merchant may retain the prepayment(s) only if the Merchant has disclosed in the cancellation policy that the prepayment is non-refundable.
Non-Provision of Goods or Services
10.7 If the Cardholder claims a reservation that was subject to a prepayment, and the Merchant has not held the reservation, the Merchant must provide (at no additional cost to the Cardholder) comparable goods or services and pay any associated costs for the remainder of the reserved time period or as agreed between the Merchant and if the Merchant fails to adhere to the terms of the sale or service, the Merchant must refund the sum of any prepayment(s) paid.
Split Shipment Transaction
10.8 A Merchant accepting Cards in a Card Not Present Transaction may carry out a split shipment Transaction if all of the following apply:
- the portion of the Transaction amount, which relates to merchandise, in an individual Transaction Receipt matches the value of the merchandise that is sent with the associated shipment;
- the aggregate of all the Transaction Receipts must not exceed the total Transaction amount of the authorisation;
- the following information is the same for the authorisation and each Transaction Receipt:
- account number;
- expiration date of the Card; and
- Merchant outlet;
- the Merchant has provided proper disclosure, at a minimum on its website’s payment page, to inform the Cardholder of its split shipment policy; and
- with each shipment of the merchandise to the Cardholder, the Merchant must communicate to the Cardholder the portion of the overall Transaction amount that is associated with that individual shipment, and the portion of the overall Transaction amount and merchandise still to be shipped to the Cardholder.
11. TRANSACTION RECEIPTS
11.1 Merchants must meet the requirements for each type of Transaction Receipt, data requirements as specified in the table below:
|Transaction Data Requirements|
|Merchant outlet and, at a minimum, Merchant city and state/province, where applicable|
|Transaction amount (or credit), indicated in Transaction currency|
|Account number (all but four digits of the account number on the Cardholder copy of the Transaction Receipt must be disguised or suppressed)|
|A brief description of the goods or services sold|
|A currency symbol (such as €) or words denoting the Transaction currency as part of the Transaction amount|
|Authorisation code (if provided by the Card issuer)|
|If a Transaction Receipt does not contain a currency symbol or words denoting the Transaction currency, the local currency of the Transaction country will be deemed to be the Transaction currency|
|Transaction type (purchase or credit)|
|Dedicated file name (for a Chip-initiated Transaction or a proximity payment)|
|Available balance (for Prepaid Cards only)|
11.2 Unless otherwise agreed, the Transaction Receipt shall record: the truncated card number and the expiry date of the Card; the date of the Transaction; the amount of the Transaction, including applicable taxes; the authorisation number, where applicable; the name, address and number of the outlet; the Cardholder’s signature (if applicable) in case of Card Present Transactions; the words “Delayed Delivery” if it has been agreed with the Cardholder that the goods or services will not be dispatched or rendered on the date the Transaction is made. In case of such Transactions;
11.3 In the case of Card Not Present Transactions, the Merchant must ensure and/or procure that the Cardholder is made aware of any Terms and Conditions or Cancellation Policy of the Merchant regulating the Transaction prior to completing the Transaction. On the Transaction Receipt, the Merchant is to write; the date upon which the goods or services are delivered or shipped or the services rendered to the Cardholder; and the words “”Mail Order”, “Telephone Order”, “Internet Order” or similar applicable wording. A copy of the Transaction Receipt shall at all times be sent to the Cardholder, whether physically or electronically, or both. Merchant is to retain proof that the Cardholder or the Cardholder’s agent signed a carrier delivery receipt for goods delivered to the Cardholder’s address.
Multiple Transaction Receipts and Partial Payments
11.4 A Merchant must include the total cost of goods and services purchased at the same time on a single Transaction Receipt. A Transaction must not be divided across two (2) or more Transaction Receipts except for:
- purchases in separate departments of a multiple-department store;
- individual airline tickets issued to each passenger if required by airline policy;
- individual Transactions at an airline representing the purchase of ancillary goods or services;
- individual cruise line tickets issued to each passenger if required by cruise line policy;
- a Transaction in which part of the cost is paid with a Visa Card and the other part is paid with a different Visa Card or other form of payment;
- installment Transactions.
ADDITIONAL TRANSACTION RECEIPT REQUIREMENTS
11.5 Upon completion of an Aggregated Transaction, the Merchant must provide a Transaction Receipt that contains, along with the information specified in the table above, the following information for each individual purchase:
- Transaction date;
- Transaction amount; and
- description of purchase.
11.6 The individual purchase information and the Aggregated Transaction information must be available to the Cardholder for a minimum of 120 days following the processing date of the Aggregated Transaction.
11.7 If a Merchant prepares a credit Transaction Receipt, the Merchant must then:
- prepare a credit that includes the credit Transaction Receipt date and identifies the original Transaction;
- deliver a completed credit Transaction Receipt to the Cardholder; and
- process the credit Transaction Receipt within five calendar days of the date that the credit Transaction Receipt is issued.
Delayed or Amended Charge Transactions
11.8 When carrying out a Delayed or Amended Charge Transaction, the Merchant must send a copy of the Transaction Receipt to the Cardholder at the Cardholder’s address shown on the rental contract or guest folio.
11.9 The first Transaction in a Recurring Transaction must be processed with the appropriate indicator values for Transactions.
11.10 Subsequent Transactions in that Recurring Transaction must be completed as specified below. When carrying out an Transaction, which is part of a Recurring Electronic Commerce Transaction, an Merchant must include the following on the Transaction Receipt:
- the frequency of the Transactions; and
- the period over which the Recurring Transaction will take place, and such details must be agreed with the Cardholder.
Dynamic Currency Conversion
11.11 A Transaction Receipt representing Dynamic Currency Conversion must show all of the following separately:
- currency symbol of the local currency of the Merchant outlet;
- Transaction amount of the goods or services purchased in the local currency of the Merchant outlet;
- exchange rate used to determine the Transaction currency;
- total Transaction amount charged by the Merchant in the Transaction currency, followed by the words “Transaction Currency”; and
- a statement, easily visible to the Cardholder, that specifies the following:
- Cardholder has been offered a choice of currencies for payment, including the local currency of the Merchant outlet; and
- that the currency selected by the Cardholder is the Transaction currency.
11.12 In addition, the Transaction Receipt must indicate that the Dynamic Currency Conversion is conducted by the Merchant, an acquirer or a third party on behalf of that Merchant or acquirer, or that the Dynamic Currency Conversion is not associated with or endorsed by the Card Associations.
11.13 Prior to initiating Dynamic Currency Conversion, the Merchant must disclose to the Cardholder all of the Transaction Receipt requirements listed above.
11.14 The title of the electronically delivered message, that is used to send a copy of or a link to the Cardholder’s copy of the Transaction Receipt must clearly identify:
- the Merchant name and, if applicable, the name of the agent as it will appear in the clearing record and Cardholder billing statements; and
- that the electronically delivered message contains the Cardholder copy of the Transaction Receipt or a link to the Cardholder copy of the Transaction Receipt
12. DOCUMENT RETENTION
12.1 In the case of Card Present Transactions, the Transaction Receipt shall record the information as may be specified herein. The Merchant must not require the Cardholder to sign the Transaction Receipt until the final transaction amount is entered on the Transaction Receipt. In the case of a manually keyed in card number for any reason, including without prejudice to the generality of the foregoing, because of a faulty magnetic strip on a card, the Merchant shall take a physical imprint of the Card, using any available imprinter. Payment is not guaranteed unless the manual imprint accompanies the electronically generated Transaction Receipt. A copy of the Transaction Receipt is always to be sent to the Cardholder, whether physically or electronically, or both. The Merchant is to retain proof that the Cardholder or the Cardholder’s agent signed a carrier delivery receipt for goods delivered to the Cardholder’s address. Transaction Receipts and other documents supporting a Transaction must be kept by the Merchant for a minimum period of two (2) years or such longer period as may be required by Truevo from the date from when the goods are shipped or delivered or the services are performed. Such documents may include, but are not limited to the Cardholder’s signed declarations, orders, applications, electronic Transaction messages, rental agreements, hotel registration forms and invoices as applicable.
12.2 Within this retention period, the Merchant must provide a copy of the relevant documents to Truevo immediately upon request and/or will permit the payment facilitator and/or Truevo or its agent, at any reasonable time and upon giving reasonable notice, to examine and make copies of any such documents.
12.3 In the case of Recurring Transactions, the Merchant must retain a copy of the written agreement entered into between the Merchant and the Cardholder for a period of two (2) years or such longer period as may be required by Truevo from the date of payment of the last Recurring Transaction and must provide it to Truevo immediately upon request and/or will permit Truevo or its agent, at any reasonable time and upon giving reasonable notice, to examine and make copies of any such written agreement. If the Recurring Transaction is disputed before the expiration of the retention period, the agreement must be retained until the dispute is finally resolved. The written agreement between the Merchant and the Cardholder must include the following:
- Card type and Card number (showing only the first six and last four digits)
- Card expiry date
- Cardholder’s name
- address and telephone number
- agreement date and recurring payment dates
- validity period of agreement
- Transaction amount and currency
- a statement as to whether the Transaction amount is constant or subject to change. Where the amount is subject to change, the Cardholder must be advised in writing by the Sub-Merchant of the exact value at least 14 days prior to each Transaction being debited to the Cardholder’s account.
12.4 In the event that the Acquiring Service Schedule and/or the Terms and Conditions are terminated for any reason, the Merchant, at its own cost, shall advise all Cardholders for which it was then submitting Recurring Transactions that it will no longer be accepting the Card from a date specified in the relevant advice.
13.1 This particular section shall solely apply to Card Present Transactions.
13.2 The Application is being licensed to the Merchant by Truevo for use in connection with the Acquiring Services. The Merchant shall not attempt to alter, amend or reverse-engineer all or any part of the Application, at any point in time. Upon receipt of an update, it is the latest update of the Application provided by Truevo which must be used and the use of any older version(s) must be discontinued.
13.3 The receipt which is provided by the Card Reader to the Cardholder does not replace any fiscal receipts which are to be given by the Merchant to the Cardholder as required by Iaw. Nonetheless, the amount of the Transaction on such receipt should be inclusive of all applicable taxes.
14. CARD READER
14.1 This particular section shall solely apply to Card Present Transactions.
14.2 The Merchant shall ensure that the Card Reader is at all times operated properly in accordance with the applicable instruction manual and solely by the Merchant and/or personnel directly employed by the Merchant who are duly trained for the operation of the Card Reader. The Merchant will indemnify Truevo Group for any loss or damage suffered as a result of the Merchant’s failure to operate any Card Reader in a proper manner. For the avoidance of doubt, such failure to operate any Card Reader in a proper manner shall be understood as any act or omission, and any degree of negligence inclusive of gross negligence.
14.3 The Merchant shall ensure that the Card Reader is kept in good condition and shall promptly report any malfunction or breakdown to Truevo Group.
14.4 Each Card Reader shall at all times be operated so as to comply with all Applicable Laws. The Merchant will not permit any Card Reader to be programmed other than as authorized by Truevo Group.
14.5 Truevo Group shall not be liable for any financial or other loss as a result of the inaccuracy of any information provided by a Card Reader. Truevo Group makes no representation or warranty of any kind, express or implied, with respect to the Card Readers provided by it or its use or fitness for a particular purpose.
14.6 Whenever the Card Reader shall be provided by Truevo Group, the Card Reader will be provided to the Merchant against an initial deposit. Upon termination of this Agreement, the Card Readers will be returned to Truevo Group with all connecting equipment on demand and in good order. If such equipment is returned to Truevo Group in good order, any initial deposit will be refunded to the Merchant.
14.7 Whenever the Card Reader shall be provided by Truevo, it shall at all times remain the property of Truevo Group but the Merchant is responsible for any maintenance costs and is liable for any damages to the Card Reader. The Merchant shall pay to Truevo Group the amount quoted by Truevo Group as the cost to Truevo Group of effecting such maintenance or repair of a Card Reader.
15. CARD ASSOCIATION AND INTERNAL THRESHOLDS AND ASSOCIATED FINES
15.1 All fines and reporting fees imposed by the Card Associations Rules will be borne by the Merchant. Fines will be imposed if the following Card Association thresholds are exceeded:
Chargeback Standard Threshold: 0.9% chargeback-to-sales ratio and 100 chargebacks
Fine (if the threshold is exceeded) for standard merchants:
- 45 Euro (Month 5-7)
- 45 Euro (Month 8 and above)
- 21,750 Euro review fee (Month 10 and above)
Fine (if the threshold is exceeded) for high brand risk* merchants:
Chargeback High Risk Threshold: 1.8% chargeback-to-sales ratio and 1,000 chargebacks
Fine (if the threshold is exceeded) for standard merchants:
- 45 Euro (Month 1-6 and above)
- 45 Euro plus 21,750 Euro review fee (Month 7 and above)
*High Brand Risk Merchant (i.e. MCC 5122, 5912, 5962, 5966, 5967, 5993, 7995);
Fraud Standard Threshold: $75,000 and a fraud-dollar-to-sales-dollar ratio of 0.9%
Fine (if the threshold is exceeded) for standard merchants:
- Liable for all chargebacks related to Fraud (Month 5 and above)
Fine (if the threshold is exceeded) for high brand risk* merchants:
- Liable for all chargebacks related to Fraud (Month 1 and above)
- 8,750 Euro per merchant case (month 1-3)
- 21,750 Euro per merchant case (Month 4-6)
- 43,500 Euro per merchant case (Month 7-9)
- 65,250 Euro per merchant case (Month 10 and above)
Fraud High Risk Threshold: $250,000 and a fraud-dollar-to-sales-dollar ratio of 1.8%
Fine (if the threshold is exceeded) for High Risk merchants:
- Liable for all chargebacks related to Fraud (Month 1 and above)
- 8,750 Euro per merchant case (month 1-3)
- 21,750 Euro per merchant case (Month 4-6)
- 43,500 Euro per merchant case (Month 7-9)
- 65,250 Euro per merchant case (Month 10 and above)
1% and 100 Chargebacks – Chargeback Monitored Merchant (CMM) – No fines applicable.
1.5% and 100 Chargebacks – Excessive Chargeback Merchant (ECM) – Fines applicable.
The chargeback ratio is calculated as a % by dividing the number of chargebacks received in one month by the number of Transactions processed in the previous month.
15.2 Please be advised that such fees are determined by the Card Associations and may be amended from time to time.
15.3 It is hereby being clarified that Tier 2 Chargeback fees (as defined in the Agreement or Schedules ancillary thereto) shall automatically commence to apply once chargeback ratio exceeds 1%, regardless of the actual count of chargebacks.
15.4 The above-mentioned thresholds shall be applicable upon the publication of these Other Terms and Conditions. Should there be any inconsistency or variation with any other Merchant Agreement or any Schedule ancillary thereto, such thresholds referred-to above shall supersede, and consequently, any reference in such Merchant Agreement or Schedule to any hard count of Chargebacks (including but not limited to any specific number of Chargebacks) shall not remain applicable.
15.5 Notwithstanding anything mentioned above in this Clause, Truevo shall reserve the right to set its own internal thresholds. Furthermore, Truevo will monitor the Merchant’s Chargebacks and fraud performance and also reserves the right to place the Merchant on a Monitoring Program under any additional Terms and Conditions it might deem fit to apply.
16. INDUSTRY-SPECIFIC REQUIREMENTS
16.1 This section is applicable only to the following types of Merchants:
- Gambling Merchants
- Recurring Transactions
16.2 If the Merchant proposes to engage in Internet gambling Transactions, the Merchant must post a notice on its websites (in a position such that the notice will be displayed before Account information is requested, such as a click-through notice) stating that assertions have been made that Internet gambling may not be lawful in some jurisdictions, including the United States, and suggesting that the Cardholder check whether Internet gambling is lawful under applicable law.
16.3 A Merchant must not sell chips or other value that can be used, directly or indirectly, to gamble at locations other than those that the Merchant wholly owns.
16.4 A Merchant must not credit winnings, unspent chips, or other value usable for gambling to a Card account.
16.5 All non–face-to-face gambling Transactions identified with MCC 7995 and effected with a Mastercard Card or Account must include the CVC 2 value in DE 48 (Additional Data— Private Use), sub-element 92 (CVC 2) of the Authorization Request/0100 message
16.6 The Merchant agrees that the list of Prohibited Countries and Activities shall not be considered as legal advice and it is the Merchant’s obligation to ensure that it is aware of and fully compliant with any laws, statutes, regulations, codes, restrictions and requirements that may affect its ability to carry out its business lawfully.
16.7 The Merchant acknowledges that it has been made aware that the Card Associations have established requirements, including – but not limited to – website requirements, applying specifically to Merchants processing Gambling Transactions, and that it shall at all times comply with any such rules, as the same may be amended from time to time.
16.8 Unless the Merchant is a registered payment facilitator, the Merchant agrees not to sell chips or other value that can be used, directly or indirectly, to gamble at locations other than those that the Merchant wholly owns.
16.9 The Merchant shall ensure that it shall have appropriate controls in place to identify legitimate customers and to block suspicious activities or cards.
16.10 The Merchant agrees that it shall provide to Truevo any such information and documentation as Truevo may require from time to time to enable verification of the services provided by the Merchant and that Merchant is in full compliance with its obligations as set out in this Schedule and as established under all applicable laws and regulations.
16.11 Before accepting any Cardholder for the purpose of providing Gambling Transactions to such Cardholder, the Merchant shall ensure that it shall inform the Cardholder that Internet gambling may not be lawful in some jurisdictions, including but not limited to – the United States, and shall suggest that the Cardholder check whether Internet gambling is lawful under applicable law.
16.12 The Merchant shall immediately inform Truevo of any suspicious activities or Transactions, whether or not such activities or Transactions are blocked, rejected or otherwise not accepted by the Merchant.
16.13 Each internet gambling Merchant must request that Cardholders identify the state or foreign country where they are physically located at the time of the Transaction. The Merchant must record the response and retain it, along with the Card account number, the Transaction amount, and the Transaction date. The Merchant must retain this information for a minimum of one year from the Transaction date and provide it to Truevo upon request.
16.14 Merchant represents and warrants that: (i) it complies and shall at all times comply with all Applicable Laws and it holds all necessary regulatory permissions and licenses in the country where Merchant has its principal place of business and in the relevant territories where it accepts Gambling Transactions; and (ii) it has implemented and will maintain appropriate technical and organizational measures and established and implemented policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit illegal Gambling Transactions.
16.15 Merchant shall indemnify, defend and hold harmless Truevo, its parents, subsidiaries, affiliates, officers, representatives, agents and employees against any and all claims, damages, losses, suits, actions, demands, proceedings, liabilities, costs, expenses or attorneys’ fees (including those necessary to successfully establish the right to indemnification) threatened, asserted or filed against them, arising directly out of a breach of any clauses as set forth in this section. This liability is not limited by any limitation in liability that may be expressed elsewhere in the Agreement.
16.16 Without prejudice to any other ground for suspension or termination under the Agreement, Truevo reserves the right to suspend the provision of the Truevo Services, or to exercise immediate termination of the Agreement, whether in relation to all or part of the Truevo Services in the event: (i) of a material breach of this Schedule, any law, rule or directive established by any relevant national or international authority and/or of the Card Association Rules; (ii) that the Merchant at any time does not possess or renew any relevant license, permit or authorization allowing it to lawfully process Gambling Transactions; (iii) that the Merchant fails to notify Truevo in writing of any material change in the nature of the Merchant’s business, goods and/or services or of any additional business the Merchant commences or any material business the Merchant closes down within five business days of such change; (iv) anything happens to Merchant or in relation to Merchant or arising from or incidental to Merchant’s business or the conduct of the Merchant’s business (including trading practices and individual activities) which Truevo considers disreputable or capable of damaging the reputation of Truevo or that of any financial institution, detrimental to Truevo’s business or that of any financial institution in its financial network or that may give suspicion of any criminal activity.
Disbursement of Winnings
16.17 A Gambling Merchant may only disburse winnings as an original credit (or payment Transaction) and not in the form of cash, cheque or other payment method. Where an original credit is used to disburse winnings or refund unspent chips, that Gambling Merchant must ensure that:
- the original credit is processed to the same account number that was used in the Gambling Transaction which placed the winning wager; and
- The Gambling Transaction representing the winning wager was lawfully made and properly identified.
Additional Website requirements for Gambling Merchants
16.18 Each internet gambling Merchant must request that Cardholders identify the state or foreign country where they are physically located at the time of the Transaction. The Merchant must record the response and retain it, along with the Card account number, the Transaction amount, and the Transaction date. The Merchant must retain this information for a minimum of one year from the Transaction date and provide it to Truevo upon request.
16.19 Merchant must post a notice on each of its websites (in a position such that the notice will be displayed before requesting a Card account number, such as a click-through notice) stating that assertions have been made that Internet gambling may not be lawful in some jurisdictions, including the United States, and suggesting that the Cardholder check whether Internet gambling is lawful under applicable law or regulation.
16.20 In addition to the website requirements such as the publication of the statement “Internet Gambling may be illegal in the jurisdiction in which you are located; if so, you are not authorised to use your payment card to complete this Transaction”, as outlined above, an online Gambling Merchant must provide the following information on its website:
- a statement of the Cardholder’s responsibility to know the laws concerning online gambling in his or her country of domicile;
- a statement prohibiting the participation of minors;
- a complete description of all of the following:
- rules of play;
- cancellation policies; and
- pay-out policies;
- a statement recommending that the Cardholder retains a copy of Transaction records and Merchant policies and rules; and an Acquirer numeric identifier.
- A Merchant must not sell chips or other value that can be used, directly or indirectly, to gamble at locations other than those that the Merchant wholly owns.
- A Merchant must not credit winnings, unspent chips, or other value usable for gambling to a Card Account.
16.21 Every online Gambling Merchant must have a valid licence or other appropriate authority to operate its website under the local law of the country where the Merchant has its principal place of business and under the local law of every country which it targets and receives players from.
17.1 The Merchant must maintain customer service information that is readily available for review by the Cardholders. The customer service information should include clear instructions on how to contact the Merchant in relation to any Transaction. The instructions must provide at a minimum, an active customer service e-mail address and a customer service telephone number for the Merchant.
17.2 The Customer shall endeavour to settle any claims, disputes, complaints or chargebacks concerning any Transaction made by Cardholders, either received directly from the Cardholder or through Truevo via the Cardholder’s Issuing Bank and the Card Association Dispute Process. A Merchant must not impose, as a condition of the Card Associations acceptance, a requirement that the Cardholder waive a right to dispute a Transaction.
17.3 In the case of claims, disputes, complaints or chargebacks made by Cardholders via their Issuing Bank and the Card Association Dispute Process concerning any Transaction the Customer shall supply Truevo without delay, within a maximum of twelve (12) calendar days or any other shorter period as specified by Truevo in its notification received from Truevo with all original documentation relating to the relevant Transaction at any and every stage. For the avoidance of doubt, this shall apply both at the initial stage of the Dispute as well as at any subsequent steps throughout the Dispute Process.
17.4 Notwithstanding the foregoing, immediately upon receipt of any claim, dispute, complaint or chargeback, and at any and all subsequent steps during the Dispute Process, Truevo shall be entitled to debit the Account with the amount of the chargeback that has been received together with any additional currency conversion or other applicable fees as they may arise in relation to the Transaction in question. In the event of a negative balance in the Account, it shall be incumbent on the Customer to settle the amounts due within fourteen (14) calendar days.
17.5 Truevo shall be entitled to charge the Customer any and all Card Association related fees which may arise in the instance of a dispute.
17.6 In the instance where defending a Customer in the case of a Chargeback/dispute/compliance case it is determined by Truevo, in its sole discretion, that this may pose a reputational risk to Truevo, Truevo reserves the right and sole discretion to decide, in lieu of defending such chargeback/dispute /compliance case on behalf of the Merchant, that in that chargeback/dispute /compliance case the Customer is to accept liability.
17.7 Card issuers may refuse to settle a Transaction undertaken and processed by a Merchant in any, but not limited to the following cases and events:
(i) the signature on the Transaction Receipt is different from that on the Card;
(ii) the Transaction was not authorised by the Cardholder and/or no clear instruction was received from the Cardholder;
(iii) the Transaction Receipt is altered after the Cardholder has signed it;
(iv) the Transaction Receipt is for any reason incomplete;
(v) the Card has expired at the time of the Transaction;
(vi) the amount charged does not correspond to the value of the goods or services purchased or rendered;
(vii) the sale price is in excess of the authorised floor limit and no authorisation has been obtained from Truevo;
(viii) a negative authorisation response was given or no authorisation number was given or if given, was not properly recorded or authorisation was not properly requested or obtained;
(ix) the Merchant does not follow the acceptance procedure for Chip and PIN Cards as indicated.
(x) the Cardholder disputed the Transaction because the goods were not received or were defective, or the services were not performed or were inadequate;
(xi) the Transaction was made with a counterfeit or altered Card;
(xii) the Transaction was for any reason fraudulent, ineligible or illegal;
(xiii) the Transaction was split into two or more Transactions;
(xiv) there has been any departure from the terms of the Merchant Agreement and/or these Terms and Conditions in relation to that Transaction.
17.8 Truevo may, at its discretion, but shall not be obliged to, elect to treat any such Transaction as valid.
17.9 In case of such disputes, the Cardholder’s issuing bank may request Truevo to provide a copy of the Transaction Receipt. Truevo will request this copy and any other documentation, information or explanation relevant to the Transaction from the Merchant in writing. The Merchant is obliged to provide the foregoing within the stipulated time indicated in Truevo’s request, for onward transmission to the Cardholder’s issuing bank, in default of which, Truevo shall have recourse for the gross Transaction amount. For the avoidance of doubt, Truevo’s right of recourse to the gross Transaction amount applies to all Transactions.
17.10 Truevo will not, under any circumstances, interfere with, or accept responsibility for, any disputes arising between the Merchant and a Cardholder in respect of goods or services acquired with a Card. Truevo reserves the right to deduct from its settlement the amount under dispute if this amount would not have been paid by the Cardholder. In such cases, the Merchant is entitled to undertake all such steps as may be necessary to recover this amount, and the right to obtain payment from the Cardholder will be assigned by Truevo to the Merchant.
17.11 Truevo has the right to debit the Merchant or to otherwise recover from the Merchant by any means the amount of a Chargeback. Truevo’s rights to do this are not affected by any arrangement entered into between the Merchant and the Cardholder.
17.12 In addition, Truevo shall have the right to recourse in the event that the Merchant’s loss to billings percentage exceeds in any given month, for any reason whatsoever, five per cent (5%), or such other percentage as Truevo shall from time to time notify to the Merchant.
17.13 Card Not Present Transactions are subject to full recourse; the Merchant is fully liable for such Transactions.
18. TRUEVO RESPONSIBILITIES
18.1 Truevo agrees that it will:
- process Merchant’s Payment Files as indicated in the relevant Service Schedule;
- accept an incoming OCT unless prohibited by applicable laws or regulations;
- ensure Merchant’s data, Payment Files, and/or documentation that is held and controlled by Truevo is secure at all times;
- supply any report agreed upon within the timeframe agreed;
- employ reliable, trustworthy staff to perform the tasks associated with this OCT Service Schedule;
- place particular emphasis on Merchant’s confidentiality;
- immediately notify Merchant of any breach of the Systems, whether by computer virus, person, or entity, that Truevo discovers and that materially impacts Merchant.
19. MERCHANT RESPONSIBILITIES
19.1 Merchant agrees that it will:
- send Payment Files to Truevo in the format and to the location agreed;
- send Payment Files to Truevo within the timeframe agreed;
- deposit sufficient Merchant Funds in the Settlement Account to ensure that the balance is adequate for Truevo to process the Payment Instructions contained on each Payment File sent by the Merchant;
- ensure that it receives confirmation of the processing of the Payment File from Truevo;
- be responsible for all reconciliation and for all corrections due to Merchant’s Payment File errors;
- ensure that no fraudulent/non-compliant (for all applicable law including anti money laundering and funding of terrorism legislation, this OCT Service Schedule, and or the Card Association Rules and regulations) Payment Instructions are presented to Truevo.
20. SYSTEM INTEGRATION
20.1 Truevo and the Merchant shall engage in such necessary systems development and integration as will allow the Merchant to deliver securely API or batch Payment Instructions to Truevo through the Truevo secure website (“API Integration”). The Merchant may also transmit Payment Files to Truevo by an upload to Truevo’s FTP server (“Batch Transmission”). The Merchant shall retrieve the confirmation log sheet from the Truevo FTP server.
20.2 The Merchant shall transmit all Payment Files to Truevo by an upload to Truevo’s FTP server. Merchant shall retrieve the Confirmation Log Sheet from the Truevo’s FTP server.
20.3 The Merchant shall be provided with the Merchant Passwords that allow the Merchant to access the Truevo secure website. It is the Merchant’s responsibility to keep the Merchant Passwords secure and failure to do so shall be considered a material breach of this OCT Service Schedule and the General Terms and Conditions by the Merchant.
21. TRANSMISSION OF PAYMENT DETAILS
21.1 In addition to any other details that may be requested by Truevo from time to time, for each Payment the Merchant must provide a valid card number of the Card held by the Recipient and to which a Payment is to be directed (the “Unique Card Identifier”). It is the Merchant’s responsibility to ensure that the correct Transaction details are provided for each Payment Instruction, as funds sent to an incorrect account may not necessarily be recovered and may result in loss of such funds and, at a minimum, use of an incorrect Transaction details will likely result in delay, perhaps substantial, in effecting the desired Payment Instruction.
21.2 Receipt of a Payment Instruction by Truevo either via a Batch Transmission or via the API Integration will constitute consent for the execution of a Payment. A Payment Instruction shall be deemed to be received by Truevo via Batch Transmission and/or API Integration when such Payment Instruction complies with specific criteria that will be communicated to the Merchant by Truevo. These criteria may be amended from time to time, as required, to cater for changes to the way such instructions are requested and/or processed by the Card Associations and/or Truevo.
21.3 For the purposes of Batch Transmission, Payment Instructions received by 10:00 CET (the “Cut-off time”) on a Business Day will be processed the same Business Day subject to sufficient Merchant Funds being available in the Settlement Account. Any Payment Instruction received after the Cut-off time on a Business Day shall be deemed to be received on the next Business Day.
21.4 If a Payment Instruction is received on a day not being a Business Day, the Payment Instruction shall be deemed to have been received on the next following Business Day. Once a Payment Instruction is processed by Truevo and the Card Associations, the payment service provider of the Recipient to which a Payment is directed is responsible for applying the Payment Instruction to the Recipient specified by the Unique Card Identifier.
22. OTHER TERMS
22.1 In the case of gambling Transactions, the Payment is processed to the same Card account number used in the initial purchase Transaction to place the bet with the Merchant; and on condition that the Transaction representing the winning bet was lawfully made and properly identified and processed in accordance with the requirements of the Card Associations.
22.2 An Aggregated Transaction must consist only of purchases made:
- from a single Merchant, with a single trading name; and
- using the same Merchant Account Number.
22.3 An Aggregated Transaction must not:
- include purchases made more than seven calendar days apart;
- exceed US $25, or local currency equivalent, in total aggregated purchases; and
- be aggregated across more than one Merchant Account Number.
22.4 Prior to the first purchase within an Aggregated Transaction, the Merchant must inform the Cardholder of all of the following:
- confirmation that Transaction aggregation will occur;
- Transaction aggregation terms, including the maximum:
- number of calendar days;
- Transaction value; and
- how to obtain details of the aggregated purchases.
22.5 A Merchant must provide a credit refund in connection with a Transaction by a credit Transaction receipt, not by cash or cheque. The only exceptions are Transactions processed using straight through processing. A Merchant may, at its discretion, prepare a credit Transaction receipt when a valid Transaction receipt was previously processed and the Cardholder either cancelled the Transaction later or returned the goods.
Dynamic Currency Conversion
22.6 A Merchant offering dynamic currency conversion (DCC) must:
- not impose DCC as the default option;
- prior to initiating DCC, inform the Cardholder that DCC is optional;
- ensure that the Cardholder consents to DCC for each Transaction;
- not to perform DCC on Visa consumer debit cards;
- not impose any additional requirements on the Cardholder to have the Transaction processed in the local currency;
- not use any language or procedures that may cause the Cardholder to choose DCC by default;
- not misrepresent, either explicitly or implicitly, that its DCC service is a Card Scheme service;
- adhere to the Transaction receipt requirements as shown below;
- inform the Cardholder prior to obtaining authorisation for the Transaction, that DCC is a service provided by either the Merchant or the acquirer.
22.7 Prior to initiating DCC for a priority check-out Transaction, the Merchant must complete a written agreement with the Cardholder that specifies:
- that the Cardholder has agreed to DCC;
- that the Cardholder has been offered a choice of currencies in which the Transaction will be completed, including the Merchant’s local currency;
- that a Transaction currency has been agreed between the Cardholder and the Merchant;
- that the Transaction currency agreed between the Cardholder and the Merchant is final;
- any commissions or fees to be applied to the Transaction by the Merchant;
- that the currency conversion rate to be applied to the Transaction will be determined by the Merchant at a later date without additional consultation with the Cardholder;
- that the DCC is conducted by the Merchant, acquirer or third party on behalf of that Merchant or acquirer;
- that the DCC is not associated with or endorsed by the Card Associations.