Terms and Conditions for Merchant Application
GENERAL TERMS TO THE MERCHANT PROCESSING APPLICATION FORM (INCLUDING THE PRIVACY STATEMENT AND CONSENT AND THE OPERATING GUIDE)
These General Terms including the Privacy Statement and Consent and the Operating Guide form part and parcel of the Merchant Processing Application Form (“Application”). You, the Merchant, are expected to read these General Terms to understand the mutual rights and obligations of each party for the purposes of the Services. These General Terms including the Privacy Statement and Consent, the Operating Guide may be revised from time to time by First Data India Pvt. Ltd (“First Data India”).
1.1 Site preparation and installation
You will at your own cost prepare your site(s) for the Equipment, including installation of any telecommunication lines (for example standard PSTN line or PABX system) and power supply circuits needed for a terminal. Each site is governed by the terms of the Transaction Documents as varied in writing from time to time. Additional sites may only be added by agreement and upon the signing of additional documentation agreed between you and Us.
1.2 Own equipment
If your Application indicates that you will supply your own Equipment:
1.3 Supplied equipment
Any Equipment supplied by First Data India will be delivered and installed at the site designated by you in the Application. Any Supplied Equipment remains the personal property of First Data India and will not under any circumstances be considered to be affixed to your premises.
First Data India or its agents may enter your premises at any time to install, inspect the condition of, replace or repair the Supplied Equipment and any Software update as defined in section 1.6.
If an item of Supplied Equipment appears to be defective, you must immediately call the First Data India Help Desk on the number provided from time to time. First Data India will:
1.6 Software Licence
First Data India owns, or has appropriate licences to use and sublicense, all software, computer programs, related documentation, technology, know-how and processes embodied in or provided in connection with the Supplied Equipment (together Software).
You are granted a non-exclusive licence to use the Software in your operation of the Owned/Supplied Equipment for the term of the arrangement under the Transaction Documents. You must not reproduce, communicate, modify or reverse engineer the Software. You must not give any third party, access to the Software without First Data India’s. prior written consent. Where First Data India provides maintenance, First Data India consents to you giving our service provider access to the Software.
When you commence receiving services you will be supplied with receipt rolls for the Equipment. You must only use those receipt rolls for Card transactions and otherwise as directed by First Data India. You must store the receipt rolls as directed and return any unused receipt rolls within 3 months.
2.1 Exclusive provider and your promotional obligations
2.2 Transaction procedures
2.3 Transaction records
2.4 Invalid transactions
A transaction is invalid and may be Charged Back if:
You must not issue a credit which does not have a previous offsetting sale. First Data India record of each Authorisation code issued and of the amount authorised under a transaction shall be conclusive in the absence of manifest error. However, the requirement of Authorisation is solely for First Data India protection and does not constitute any warranty or representation by, or give rise to any variation, waiver or estoppel of whatsoever nature against First Data India, in relation to any transaction.
On request, You agree to provide to any Regulator / Statutory or Competent Authority including the Reserve Bank of India, access to, inspection rights and access to examine, at your premises or any premises related to the conduct of your business, books, records, documents (including but not limited to Card transaction information) and such other information, systems, procedures and protocols as may be required by the Regulator / Statutory or Competent Authority.
5.1 Cardholder information
5.2 Your information
5.3 Confidential Information
You and we agree to keep all Confidential Information of the other of you and either of us, including the terms of the Transaction Documents, confidential and to only use and disclose Confidential Information of the other of you or either of us as required for the purposes of the arrangement under the Transaction Documents.
The obligations under clause 5.2 and 5.3 shall not apply to IDFC and First Data India with respect to any portion of Confidential Information which:
5.5 Compliance of Data Security Standards:
You shall comply with provisions contained in Payment Card Industry - Data Security Standards ("PCI -DSS"), PA DSS and PCI PED, as published on www.paymentcardindustry.com. As part of PCI DSS obligations among other things, you shall not store card authentication information (Track 2, CVV, PIN and PIN Block) and shall also eliminate/minimize storage of Valid Card information (Name, Expiry date) in electronic or paper form and if absolutely necessary store the same in encrypted form, after notifying to IDFC and First Data India. In addition, you shall carry out quarterly vulnerability scans as prescribed by PCI Security Standards Council ("PCI SSC") in Approved Scan Vendor scan procedures, and send scan reports to IDFC. As per regulations issued by Visa/ MasterCard/ Amex/ Discover/ JCB or any other Card Scheme, the High Risk Merchants and Merchants carrying on transactions above the limits, decided by PCI SSC will have to get their controls validated through an external audit by a Qualified Security Assessor. IDFC shall reserve the right to impose penalties on you if found in violation of PCI DSS requirements. IDFC shall issue periodic circulars/notifications to you informing you about PCI DSS requirements. The PCI DSS requirements are subject to change, updation, revision, verification and amendment without any notice. The Merchant shall be under an obligation to update and to comply with the revised/ updated/ changed/ amended/ verified PCI DSS requirements.
In this section 7 words and expressions which have a defined meaning in the relevant Taxes Act(s) in India have the same meaning as in those Taxes Act(s).
8.1 Chargebacks and other liabilities
8.1. IDFC and its Affiliate shall have the paramount right of combination and set-off and lien irrespective of any other lien or charge present as well as future on the deposits of any kind and nature (including fixed deposits) held/ balances lying in any account that You hold with IDFC whether in single name or joint name(s) and on any monies, securities, bonds and all other assets, documents and properties held by / under the control of IDFC and/or its Affiliate (whether by way of security or otherwise pursuant to any contract entered/ to be entered into by you in any capacity towards the satisfaction of Your liability under the terms of the Transaction Documents,. IDFC are entitled without any notice to you to settle any indebtedness whatsoever owed by you to IDFC and/or its Affiliate , (whether actual or contingent, or whether primary or collateral, or whether joint and/or several) hereunder or under any other document relating to the Services, by adjusting, setting-off any deposit(s) and/or transferring monies lying to the balance of any account(s) held by you with IDFC and/or its Affiliate notwithstanding that the deposit(s)/ balances lying in such account(s) may not be expressed in the same currency as such indebtedness. IDFC and its Affiliate rights hereunder shall not be affected by your bankruptcy, death or winding-up. It shall be your sole responsibility and liability to settle all disputes/ objections with any such joint account holders.
In addition to the above mentioned right or any other right which IDFC and its Affiliate may at any time be entitled whether by operation of law, contract or otherwise, for the purposes of enforcing the terms of the Transaction Documents, you authorise IDFC: (i) to combine or consolidate at any time all or any of your accounts and liabilities with or to any branch of IDFC and/or its Affiliate ; (ii) to sell any of your securities or properties held by IDFC by way of public or private sale without having to institute any judicial proceeding whatsoever and retain/appropriate from the proceeds derived there from the total amounts outstanding to IDFC and/or it Affiliate from you, including costs and expenses in connection with such sale; and (iii) in case of cross currency set-off, to convert an obligation in one currency to another currency at a rate determined at the sole discretion of IDFC and/or its Affiliate .
8.2 Debits and set off
IDFC shall itself or at the instruction of First Data India’s relevant may reserve the right to:
IDFC shall also charge interest at the rate of 2% per month above the "prime Lending Rate" as published by the Reserve Bank of India or such other charges as notified to you on amounts outstanding to us from you and where there were insufficient funds in your account to satisfy the above amounts. Interest will be charged from the due date for the payment to the date it is actually paid.
If you have an account at IDFC, then subject to any applicable laws, we may place holds and/or blocks on, and facilitate debits to, such accounts.
First Data India and /or IDFC may from time to time request security from you or a guarantor to secure performance of your obligations under the Transaction Documents. You agree to do all things necessary to put in place enforceable security as requested by First Data India and/or IDFC. You agree to the following clauses in the event First Data India requires you to place a security. :
8.5 Financial and Other Information
If a Cardholder claims a refund, in order for Us to process a refund to the Cardholder’s Card, You must provide a cheque in favour of IDFC for the amount of the refund.
9 ENDING THE ARRANGEMENT UNDER THE TRANSACTION DOCUMENTS
9.2 Return of Equipment
The term under the Transaction Documents commences on the first date. We commence to provide Services to You and continue unless terminated in accordance with the Transaction Documents.
10.2 Limitations on Liability
All claims in respect of any such other matters may be made to / against First Data India. You waive, to the extent permitted by law, and otherwise agree to not make any such claims or initiate proceedings against IDFC for the same. Notwithstanding what is stated herein above or anywhere in the Transaction Documents the total liability of IDFC under any circumstance for any claims, actions, suits, damages (whether under contract, tort, negligence, statutory penalties or for any other reason whatsoever) shall not exceed an amount of Rs.50,000 either during the term of the Transaction Documents or even post termination.
(c) In the event of a termination of the underlying arrangement between First Data India and IDFC, First Data India reserves the right to direct IDFC to transfer its rights and obligations to a replacement BIN sponsor bank. 10.4 Compliance with Laws
In performing its obligations under the Transaction Documents, each party agrees to comply with all laws, regulations and rules applicable to it, including without limitation, the Card Scheme Rules and the Debit Network Rules and any mandatory online payment standards.
10.5 Force Majeure
Except in respect of your obligations under the Operating Guide, no party shall be liable for any default or delay in the performance of its obligations under the Transaction Documents if and to the extent such default or delay is caused, directly or indirectly, by:
A party may conditionally or unconditionally give or withhold any consent to be given under the Transaction Documents and is not obliged to give its reasons for doing so unless otherwise specified in the Transaction Documents.
We may vary any provision of the Transaction Documents, including the Operating Guide by giving you written notice. If the variation:
The parties intend every provision of the Transaction Documents to be severable. If any part of the terms of the Transaction Documents is not enforceable, it is severed and the remaining provisions remain valid and enforceable. Any invalid or unenforceable provision of the Transaction Documents shall be replaced with a provision, which is valid and enforceable, and most nearly reflecting the original intent of the unenforceable provision
If we do not enforce a right for breach of the terms of the Transaction Documents, this does not mean that we have waived our rights for that or any other breach.
10.11 Governing Law
The terms under the Transaction Documents is governed by the laws in India. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Mumbai as regard any claim, dispute or suit arising under or in relation to the Transaction Documents.
10.12 Entire Transaction Documents
The Transaction Documents constitutes the entire arrangement and understanding between the parties with respect to its subject matter, and supersedes any previous agreements, arrangements and understandings.
10.13 No partnership
Nothing in the Transaction Documents constitutes IDFC and First Data India as partners, joint venture parties or principal and agent, unless otherwise stated. You are not authorised to make any warranty or representation on behalf of either First Data India or IDFC.
10.14 In case of any inconsistency between the General Terms and the Operating Guide, the General Terms of the Transaction Documents shall prevail and IDFC and First Data India decision, as the case may be, shall be final and binding on You.
As used in these General Terms, the following terms mean as follows: Acquirer: Means a party who is member of Card Scheme. .
Affiliate: Means and include
For the purpose of the definition of "Affiliate", "Control" when used with respect t to any Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise however and "Person" means any individual, company firm, corporation, a partnership, trust or any other entity or organisation or other natural or legal person
Application means the Merchant Processing Application Form signed by you and which forms part of the Transaction Documents.
Approved Scanning Vendors (ASVs) are organizations certified by the PCI council that validate adherence to certain PCI DSS requirements by performing vulnerability scans of Internet facing environments of Merchants and service providers.
Authorisation: The confirmation by the card Issuer that the card number exists and that enough funds are available to allow the transaction to go ahead.
Business Day : A day other than (i) Saturday or Sunday or (ii) a day on which the Banks in India and/or Reserve Bank of India are closed for business / clearing, or (ii) a day on which normal business in India could not be transacted due to storms, floods, bandhs, strikes, etc..
Card: A Credit Card or Debit Card specified on the Application and as amended from time to time.
Cardholder: Means the individual whose name is embossed on a Card and any authorised user of such Card.
Card Scheme: Any entity formed to administer and promote Cards, including without limitation MasterCard International Inc. and Visa International Association and any applicable Debit networks.
Card Scheme Rules: The rules, regulations, releases, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Association.
Change in Control: Any of the following:
For the purposes of the above definition "agrees" means an agreement which is written or oral, partly written and partly oral or evidenced by conduct, express or implied, conditional or unconditional and includes an obligation for a party to use its "best" or "reasonable" endeavours.
Chargeback: The reversal of a Sales Receipt (or other indicia of a Card transaction) and reversal of any associated credit to your Settlement Account because a Cardholder or Card Issuer disputes the transaction or which is required by the Card Scheme Rules or can be reversed under the Operating Guide.
Confidential Information: All or any information relating to the business of First Data India, IDFC or you or concerning the financial transactions or affairs or the identity of any of them or a Cardholder or the details of a Card or the Card transaction, including, but not limited to, information concerning marketing plans, business plans, card usage, objectives, financial results etc. are confidential and proprietary.
Credit Card: A valid Card bearing the service mark of Visa, or MasterCard (and any other card agreed by the parties), the use of which accesses the Cardholder's credit facility through one of the credit card schemes.
Credit Receipt: A document evidencing the return of merchandise by a Cardholder to a Merchant, or other refund made by the Merchant to the Cardholder.
Debit Card: A valid Card the use of which accesses the Cardholder's bank account facility made available by the Cardholder's Issuer. DCC or Dynamic Currency Conversion means the conversion of your local currency, being the currency in which your goods or services are priced, into an approved currency, as agreed upon by the Cardholder of a non-Indian issued Card and you, in accordance with the terms and conditions of the DCC Addendum which forms part of the Transaction Documents if we agree to provide DCC services to you.
Employees: Employees, contractors, officers, agents and secondees.
Equipment: The POS Terminals and associated hardware, spare parts and replacement parts and software at the Merchant's premises through which electronic funds transfer can occur (but excluding power outlets and telecommunications lines).
General Terms: The terms and conditions set out herein above, as amended from time to time. High Risk Merchants shall mean the merchants as per the levels prescribed by regulations issued by Visa/ MasterCard/ Amex/ JCB/ Discover.
IDFC: IDFC Bank Limited. a company incorporated under the Indian Companies Act, 1956 and a bank within the meaning of the Banking Regulation Act, 1949 having its registered office at KRM Tower, 8th Floor, No. 1, Harrington Road, Chetpet, Chennai – 600031 and its corporate office at Naman Chambers, C-32, G-Block, Bandra-Kurla Complex, Bandra East, Mumbai - 400051.
First Data India.: First Data India Pvt. Ltd, 4th Floor, G Corp, Kasar Vadavali, Near Hyper City, Ghodbunder Road, Thane West – 400607Maharashtra, India.
Insolvency Event: Any of the following:
Issuer: Cardholder's bank, or the bank which has issued a Card to an individual.
Magnetic Stripe: A stripe of magnetic information affixed to the back of a plastic Credit or debit Card (which must not be stored after Authorisation).
Marketing Materials: Has the meaning in clause 2.1 of the General Terms.
Merchant: The party identified as "Merchant" on the Application. The words "you" and "your" refer to Merchant. Money Laundering has the same meaning as that given to it in the Prevention of Money Laundering Act 2002, as amended.
Operating Guide: The manual prepared by First Data India and IDFC containing operational procedures, instructions and other directives relating to Card transactions, as amended from time to time (which amendment may be notified via the First Data India website). PCI means PCI Co Limited, the promulgator of Credit Card information security requirements for Visa and MasterCard Cardholder and transaction information.
POS Terminal: A point of sale device placed in a merchant location which is connected to the First Data India's system via telephone lines and is designed to authorise, record and settle data by electronic means for all sales transactions with First Data India.
Privacy Law: Any statute, regulation, guideline or quasi legislative instrument having the force of law that regulates the collection, use, storage or disclosure of personal information about an identifiable individual, any common law privacy obligations by which a party is bound and any industry code (whether voluntary or not) by which a party is bound. Qualified Security Assessors (QSA)" are employees of the QSA companies who have been certified by the PCI Council to validate a Merchant’s adherence to the PCI DSS requirements.
Regulator: any one or more of the Reserve Bank of India, any tax authority having jurisdiction in India, any of the Card Schemes and any law enforcement bodies having jurisdiction in India.
Sales Receipt: Evidence of a purchase of goods or services by a Cardholder from a Merchant using a Card, regardless of whether the form of such evidence is in paper, electronic or otherwise, and which conforms to Card Scheme Rules. Services: The activities undertaken by First Data India and IDFC to authorise, process and settle all Visa and MasterCard Card transactions and Debit Card transactions undertaken by Cardholders at the Merchant's location(s) in India, and all other activities necessary for First Data India and IDFC to perform the functions required by or as per the terms of the Transaction Documents for all other Cards covered by the Transaction Documents (including where applicable, the provision and maintenance of Supplied Equipment).
Settlement Account: Means the account referred to in clause 3(b).
Supplied Equipment: Equipment that is owned and supplied by First Data India pursuant to section 1. Taxes includes (without limitation) all taxes (including goods and services or value added taxes), levies, duties, imposts, charges and withholdings of any nature whatsoever, and of any jurisdiction, together with all penalties, charges and interest relating to any of them. Taxes Act means the statute, regulation, guideline or quasi legislative instrument having the force of law that regulates the assessment and collection of Taxes in India.
Transaction Documents: The transaction documents governs the relationship between the Merchant, First Data India and IDFC and comprises of the Merchant Processing Application Form, the General Terms as mentioned hereinabove, the Operating Guide, the Privacy Statement and Consent and all documents incorporated by reference (including the Association Rules and any addendum for additional services), each as amended from time to time.
Us, We: First Data India and IDFC jointly (unless otherwise expressly indicated).
Withheld Transactions: means transactions that do not meet our risk profile of you or for which IDFC or First Data India shall seek additional information from you.
You, Your: The Merchant and where the context prescribes a procedure includes your Employees, agents and contractors.
PRIVACY STATEMENT AND CONSENT
By signing the Merchant Processing Application Form, you agree to the uses and disclosures of your personal information as set out in this Privacy Statement and Consent, which forms part of the Transaction Documents from the date that this Privacy Statement and Consent is provided to you.
An individual who is an applicant, a proposed guarantor, a director of an applicant or guarantor company or account signatory must read this Statement. All parts of this Statement apply to you. If a company is an applicant or is proposed as a guarantor, a copy of this Statement must be signed by each director unless we agree to it being signed by an authorised representative of the company. Parts 1, 2 and 4 of this Statement apply to any authorised representative. This Statement explains how First Data India (in this statement only "us/we") collect, use and disclose personal information. We may receive personal information about you initially from IDFC Bank Limited ("IDFC") through an arrangement that we have with IDFC.
"Personal Information" is information about and which identifies individuals and includes without limitation trading history information. It includes information obtained from any source. Credit information (see Part 3) is a sub-set of personal information. Bank customer information may include information other than personal information but will be handled in a confidential and secure manner for the purposes set out in this Statement in the same way as personal information and so references to personal information include bank customer information.
We will not use or disclose information collected about you otherwise than as set out in this Statement, for a purpose you would reasonably expect, a purpose required or authorised by law, or a purpose otherwise disclosed to, or authorised by, you.
This Statement also contains your consent for us to send communications about products and services including emails containing marketing and information materials. IDFC shall send you marketing and material information relating to the product and services of IDFC or any other information as shall be required by any Card Associations to be communicated to you. IDFC reserves the right to seek information from you which shall be required by any Card Association or any regulatory authority.
PART 1 - Personal information about third parties
You represent that, if at any time you supply us with personal information about another person (i.e. an individual - for example, a referee, a director, or a person to whom the payment is to be directed), you are authorised to do so and you agree to inform that person who we are, that we will use and disclose that personal information for the relevant purposes set out in Parts 2 and 3 below and that they can gain access to the information we hold about them in accordance with Part 4 below.
PART 2 - Uses and disclosures of personal information
You agree that we may collect information about you from, and disclose it to the following, as appropriate, even if the disclosure is to an organisation outside of India which is not subject to the privacy obligations which are equivalent to those which apply to us:
PART 3 - What credit information can be disclosed?
The Credit Information Companies (Regulation) Act 2005 allows us or IDFC to disclose certain credit information about you.
The information about you that we or IDFC disclose to credit information companies is:
This information may be given before, during or after the provision of credit to you. The credit information about you that we disclose to the other organisations listed in this Privacy Statement and Consent is the above information, together with any information contained in or derived from a credit report obtained from a credit information company including information about your credit worthiness, credit standing, credit history or credit capacity but only to the extent permitted by the Credit Information Companies (Regulation) Act 2005.
PART 4 - Access to your personal information and contacting us
First Data India Pvt. Ltd., 4th Floor, G Corp, Kasar Vadavali, Near Hyper City, Ghodbunder Road, Thane West – 400607
OPERATING GUIDE PART A: CREDIT CARDS
Credit Card transactions present risks of loss and non-payment that are different to those with other payment systems. All payments made through Card Schemes (e.g. Visa or MasterCard) are conditional and subject to reversals and adjustments in accordance with their respective operating Regulations. In particular, cardholders and the banks that issue cardholders' Credit Cards have certain rights to dispute transactions, long after payment has been made to the merchant. These disputed transactions are referred to as 'Chargebacks'. Sometimes your customer may be able to successfully dispute a Credit Card transaction even though you have provided your goods or services and are otherwise legally entitled to payment from your customer. First Data India will not be responsible directly to You for such Chargebacks or disputed transactions. Debit Card transactions are also susceptible to reversals for which You will be responsible.
First Data India provides processing services to facilitate the passage of your Sales Receipts back to the thousands of institutions who issue the MasterCard® and Visa® Cards carried by your customers. This part of the Operating Guide describes the procedures and methods for submitting Credit Card transactions for payment, obtaining Authorisations, responding to Chargebacks and Media Retrieval requests, and other aspects of the operations of our services. They seek to provide you with the principles for a sound Card program. They are designed to help you decrease your Chargeback liability and train your Employees. This Operating Guide focuses primarily on the MasterCard and Visa Schemes' operating rules and regulations. In the event First Data India provides Authorisation, processing or settlement of transactions involving Cards other than MasterCard and Visa, you should also consult those independent Card Issuers' proprietary rules and regulations. The requirements set out in this Operating Guide will apply unless prohibited by law. You are responsible for following any additional or conflicting requirements imposed by the laws of India.
MASTERCARD, VISA AND MAESTRO ACCEPTANCE
1.1 CARD DESCRIPTIONS
At the point of sale, the Card must be carefully examined to determine whether it is a legitimate and valid Card. The name of the Card (e.g., Visa or MasterCard) and Card Issuer (e.g., XYZ Bank, etc.) should appear in bold letters on the Card. The following is a description of the authorised Visa and MasterCard designs:
1.2 EFFECTIVE/EXPIRATION DATES
At the point of sale, the Card should be carefully examined for the effective (valid from) (if present) and expiration (valid to) dates which are located on the face of the Card. The sale date must fall on or between these dates. Do not accept a Card prior to the effective date or after the expiration date. Otherwise, you are subject to a Chargeback and could be debited for the transaction.
1.3 VALID SIGNATURE
Check the back of the Card. Make sure that the signature panel has not been disfigured or tampered with in any fashion (an altered signature panel may appear discoloured, glued or painted, or show erasure marks on the surface). The signature on the back of the Card must compare favourably with the signature on the Sales Receipt. The Sales Receipt must be signed in the same format as the signature panel on the Card; e.g., Harry E. Jones should not be signed H. E. Jones or Ramesh K. Sharma should not signed as R. K. Sharma. The signature panel of both Visa and MasterCard now have a 3-digit number (CVV 2/ CVC 2) printed on the panel.
1.4 USERS OTHER THAN CARDHOLDERS
A Cardholder may not authorise another individual to use his/her Card for purchases. Be sure the signature on the Card matches with the one on the Sales Receipt. Furthermore, any Card having two signatures on the back panel is invalid and any sale made with this Card can result in a Chargeback. For Cards bearing a photograph of the Cardholder, ensure that the Cardholder appears to be the person depicted in the picture which appears on the Card. If you have any questions, call the First Data India Help Desk.
1.5 SPECIAL TERMS
If you limit refund/exchange terms or impose other specific conditions for Card sales, the words "No Exchange, No Refund," etc. must be clearly printed on the Sales Receipt near or above the Cardholder's signature. The Cardholder's copy, as well as your copy, must clearly show this information. Never give cash, cheque or in store Credit refunds for Card sales. NOTE: A disclosure does not eliminate your liability for a Chargeback. Consumer protection laws and Card Scheme Rules frequently allow the Cardholder to dispute these items notwithstanding such disclosures.
1.6 RECURRING TRANSACTION AND PRE-AUTHORISED ORDER REGULATIONS
1.7 HONOURING CARDS
The following rules are requirements strictly enforced by Visa and MasterCard:
1.8 DEPOSITS OF PRINCIPALS
You are prohibited from depositing transactions originating from Cards of owners, partners or officers of your business establishment except for transactions that are routine in type, size and frequency for your business and that represent actual sales of goods or services. Submission of sales transactions on Cards in order to obtain a cash advance is strictly prohibited and may result in immediate cancellation of your account.
1.9 DISPLAYS AND ADVERTISING
You must display appropriate Visa, MasterCard and, if applicable, other Card Scheme decals and program marks on promotional materials as required by Card Scheme Rules. You may not indicate that Visa, MasterCard or any other Scheme endorses your goods or services.
You confirm and acknowledge that all intellectual properties (including but not limited to trade mark) in the Visa symbol or the MasterCard symbol and in all the Marketing Materials which are produced and/or provided by Visa and MasterCard are and shall remain the sole property of Visa and MasterCard respectively and for their branded Marketing Material. You have no right, interest and benefit of whatsoever nature in any of the intellectual properties (including but not limited to the trade mark) in the Visa symbol or the MasterCard symbol or in any of the Marketing Materials. You will not modify, alter and/or change and shall not apply and/or use, the Visa symbol or the MasterCard symbol or in any of the Marketing Materials in any respect or any manner save and except as expressly permitted by and in strict accordance with the terms and conditions in the Transaction Documents.
1.10 CASH PAYMENTS BY AND CASH DISBURSEMENTS TO CARDHOLDERS
You must not accept any direct payments from Cardholders for charges of merchandise or services which have been included on a Sales Receipt; it is the right of the Card Issuer to receive such payments. You may not make any cash disbursements to a Cardholder as part of a Card transaction except to the extent expressly authorised by the Transaction Documents or the Card Scheme Rules.
2 SUSPECT TRANSACTIONS
If the appearance of the Card being presented or the behaviour of the person presenting the Card is suspicious in nature, you must immediately call us at our authorization centre and quote "code 10". Answer all our questions and follow our instructions. While not proof that a transaction is fraudulent, the following are some suggestions to assist you in preventing fraud transactions that could result in a Chargeback:
3 COMPLETION OF SALES AND CREDIT RECEIPTS
3.1 INFORMATION REQUIRED
3.2 MAIL/TELEPHONE/INTERNET (ECOMMERCE) ORDERS
4 DATA SECURITY
Following is important information regarding the protection of cardholder data. Please review carefully as failure to comply can result in substantial fines.
5.3 AUTHORISATION VIA ELECTRONIC DEVICES
5.4 PRE-AUTHORISATION FOR T&E (TRAVEL & ENTERTAINMENT) AND RESTAURANT
MERCHANTS If you are a business engaged in providing travel and/or entertainment services (e.g., car rentals, hotels, motels, etc.) or a restaurant business, and engage in the practice of "pre-Authorisation":
6 SUBMISSION/DEPOSIT OF SALES AND CREDIT RECEIPTS
6.1 SUBMISSION OF SALES FOR MERCHANTS OTHER THAN YOUR BUSINESS
You may present for payment only valid charges that arise from a transaction between a bona fide Cardholder and your business. If you deposit or attempt to deposit transactions that arise from sales between Cardholders and a different business than the one approved by First Data India in our Transaction Documents with you, then the transaction may be charged back, First Data India may suspend or debit funds associated with all such transactions, and First Data India may immediately terminate your account and the arrangement under the Transaction Documents.
In order to receive funds same day, all Sales and Credit Receipts must be properly completed and submitted daily. Late Submission of Sales or Credit Receipts may result in a Chargeback to you. If you have not received payment for submitted Sales Receipts after one (1) week from your normal payment date, contact First Data India.
6.3 MAIL/BRANCH DEPOSIT PROCEDURES
Complete the appropriate summary form designated for your use. Imprint the completed summary with your Merchant Identification Card, if applicable, and sign it. Please do not staple or clip Sales Receipts together or to summary forms. This will distort the Cardholder's account number and may result in a summary adjustment or Chargeback to you. Mail your deposits to us at the address on the envelopes provided. Do not deposit the receipts at your local bank branch.
Do not send First Data India the Merchant copies (which are for your records); submit only the Bank hard copies of the transactions. If Merchant copies are submitted, they will be returned to you unprocessed.
6.4 ELECTRONIC MERCHANTS: DAILY BATCHING REQUIREMENTS & MEDIA SUBMISSION
7 REFUNDS/EXCHANGES (CREDITS)
8 RETENTION OF RECORDS FOR RETRIEVALS AND CHARGEBACKS
8.1 RETAIN LEGIBLE COPIES
You must retain legible copies of all Sales and Credit Receipts or any other transaction records (but not Magnetic Stripe information) for a period of at least eighteen (18) months from the date of each transaction (and any longer period as may be required by law).
8.2 PROVIDE SALES AND CREDIT RECEIPTS
You must provide all Sales and Credit Receipts or other transaction records requested by First Data India within the shortest time limits established by Card Scheme Rules. You are responsible for any deficiencies in Card transaction data transmitted or otherwise delivered to First Data India.
8.3 ENSURE PROPER RETRIEVAL FULFILLMENT
To ensure proper Retrieval fulfilments and/or Chargeback processing, Sales and Credit Receipts must contain the full sixteen (16) digit account number and expiration date. Failure to retain this information could result in a future Chargeback to your account.
Both the Cardholder and the Card Issuer have the right to question or dispute a transaction. If such questions or disputes are not resolved, a Chargeback may occur. A Chargeback is a Card transaction that is returned to IDFC by the Card Issuer. As a result, your Settlement Account or settlement funds shall be debited for the amount of the Chargeback. It is strongly recommended that, whenever possible, you contact the Cardholder directly to resolve a disputed transaction or Chargeback. You are solely responsible for all Chargebacks and related costs arising from your transactions.
9.2 TRANSACTION DOCUMENTATION REQUESTS
9.3 CHARGEBACK PROCESS
9.4 CHARGEBACK REASONS
This list is not exhaustive and the following section outlines the most common types of Chargebacks. For ease of understanding, First Data India have combined like Chargebacks into seven groupings. First Data India have included recommendations on how to reduce the risk of Chargebacks within each group. These are recommendations only, and do not guarantee that you will be able to prevent Chargebacks.
To reduce your risk of receiving a fraud-related Chargeback:
For Face to Face Transactions:
For Mail/Telephone Orders:
The following scenarios could cause a Non Receipt of Goods and Services related Chargeback to occur:
The following scenarios could cause a processing error related Chargeback to occur:
To reduce your risk of receiving a processing error related Chargeback:
The following scenarios could cause a Quality of Goods and Services related Chargeback to occur:
To reduce your risk of receiving a Quality of Goods and Services related Chargeback:
The following scenarios could cause a Non Receipt of Information related Chargeback to occur:
To reduce your risk of receiving a Non Receipt of Information related Chargeback:
10 OTHER DEBITS AND ADJUSTMENTS
IDFC may also debit your Settlement Account or your settlement funds as per the instruction of First Data India in the event First Data India are required to pay Card Scheme fees, charges, fines, penalties or other assessments as a consequence of your sales activities. You hereby expressly consent to the above and provide your authorisation to IDFC to act on such debit instructions / directions of First Data India Such debits shall not be subject to any limitations of time specified elsewhere in the Transaction Documents. The following is a list of reasons for other debits. First Data India may add to or delete from this list as changes occur in the Card Scheme Rules or our operational requirements:
10.2 SUMMARY (DEPOSIT) ADJUSTMENTS/ELECTRONIC REJECTS
Occasionally, it is necessary to adjust the rupee amount of your summaries/Submissions (deposits) and credit or debit your Settlement Account or settlement funds accordingly. The following is a list of the most frequent reasons for Summary (Deposit) Adjustments/Electronic Rejects:
10.3 DISPUTING OTHER DEBITS AND ADJUSTMENTS
11 ACCOUNT MAINTENANCE
11.1 CHANGE OF SETTLEMENT ACCOUNT
If you change the Settlement Account in which you receive the proceeds of your transactions, you must call Customer Service number or your Relationship Manager immediately. If you accept payment types other than Visa and MasterCard (such as the American Express Card), you are also responsible for contacting the Card Schemes or companies governing those Cards to notify them of this change.
11.2 CHANGE IN YOUR DETAILS
12 CARD SCHEME COMPLIANCE
MasterCard and Visa have established guidelines, merchant monitoring programs and reports to track merchant activity including, but not limited to excessive Credits and Chargebacks, and increased deposit activity. In the event you exceed the guidelines or submit suspicious transactions as identified by a Card
Scheme or any related program or reports, you may be subject to
PART B: DEBIT CARDS
13 SPECIAL PROVISIONS FOR DEBIT CARD
13.1 DEBIT CARD ACCEPTANCE
All Debit Cards can be accepted at the point of sale at participating locations. The network mark(s) will be printed on the back of the Debit Card. If the Debit Card is valid and issued by a participating network, you must comply with the following general requirements for all participating networks, in addition to the specific requirements of the network:
13.2 TRANSACTION PROCESSING
The following general requirements apply to all Debit Card transactions:
Within one Business Day of the original transaction, you must balance each location to the system for each Business
Day that each location is open.
PART C: GLOSSARY
As used in this these Operating Guide, the following terms mean as follows:
Application: The Merchant Processing Application Form signed by you and which forms part of the Transaction
Authorisation: The confirmation by the Card Issuer that the card number exists and that enough funds are available to allow the transaction to go ahead.
Authorisation Approval Code: A number issued to a participating merchant by the Authorisation Centre which confirms the Authorisation for a sale or service.
Authorisation Centre: A department that electronically communicates a merchant's request for Authorisation on card transactions to the Cardholder's bank and transmits such Authorisation to the merchant via electronic equipment or by voice Authorisation.
IDFC: IDFC Bank Limited. a company incorporated under the Indian Companies Act, 1956 and a bank within the meaning of the Banking Regulation Act, 1949 having its registered office at KRM Tower, 8th Floor, No. 1, Harrington Road, Chetpet, Chennai – 600031 and its corporate office at Naman Chambers, C-32, G-Block, Bandra-Kurla Complex, Bandra East, Mumbai - 400051
Batch: A single Submission to us of a group of transactions for settlement. A Batch usually represents a day's worth of transactions.
Business Day: A day other than Saturday or Sunday or (ii) a day on which the Banks in India and/or Reserve Bank of India are closed for business / clearing, or (iii) a day on which normal business in India could not be transacted due to storms, floods, bandhs, strikes, etc.
Card: A Credit Card or Debit Card.
Card Scheme: Any entity formed to administer and promote Cards, including without limitation MasterCard International, Inc., Visa International Association and any applicable Debit networks.
Card Scheme Rules: The rules, regulations, releases, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Scheme.
Card Validation Codes: A three-digit value printed in the signature panel of most Cards. Visa's Card Validation Code is known as CVV2; MasterCard's Card Validation Code is known as CVC2. Card Validation Codes are used to deter fraudulent use of an account number in a non-face-to-face environment, e.g. MOTOs and Internet orders), which must not be stored after Authorisation.
Credit Card: A valid Card bearing the service mark of Visa or MasterCard (and any other card agreed by the parties), the use of which accesses the Cardholder's credit facility through one of the credit card schemes.
Debit Card: A valid Card the use of which accesses the Cardholder's bank account facility made available by the Cardholder's Issuer.
Dial-Up Terminal: An Authorisation device which, like a telephone, dials an Authorisation centre for validation of transactions.
Electronic Draft Capture (EDC): A process which allows a merchant's Dial-Up Terminal to receive Authorisation and capture transactions, and electronically transmit them to a Card processor.
General Terms: The terms and conditions set out in this document, as amended from time to time.
Imprinter: A manual or electric machine used to physically imprint the merchant's name and ID number as well as the Cardholder's name and Card number on Sales Receipts.
Media: The documentation of monetary transactions (i.e., Sales Receipts, Credit Receipts, computer printouts, etc.) Merchant: The party identified as "Merchant" in the Application. The words "you" and "your" refer to Merchant. Merchant Identification Card: A plastic embossed Card supplied to each merchant to be used for imprinting information to be submitted with each Batch of paper Sales Receipts. Embossed data includes Merchant Account Number, name and sometimes merchant ID code and terminal number.
Merchant Account Number (Merchant Number): A number that numerically identifies each merchant, outlet, or line of business to the First Data India for accounting and billing purposes.
Operating Guide: The manual prepared by First Data India containing operational procedures, instructions and other directives relating to Card transactions, as amended from time to time which forms part of but is provided separately from this document.
PAN Truncation: A procedure by which a Cardholder's copy of a Sales or Credit Receipt will only reflect the first 6 and last 3 digits of the Card.
PIN: A Personal Identification Number entered by the Cardholder to submit a Debit Card transaction.
POS Terminal: A point of sale device placed in a merchant location which is connected to the First Data India’s system via telephone lines and is designed to authorise, record and settle data by electronic means for all sales transactions with First Data India.
Recurring Payment Indicator: A value used to identify transactions for which a consumer provides permission to a merchant to bill the consumer's Card account at either a predetermined interval or as agreed by the Cardholder for recurring goods or services.
Referral: The message received from an Issuer requiring Authorisation to be obtained by means of a call to the First Data India or Voice Response Unit (VRU).
Resubmission: A resubmission of a debit transaction (at the Merchant's risk) that the Merchant originally processed as a Store and Forward transaction but received a soft denial from the respective debit network.
Retrieval Request/Transaction Documentation Request: A request for documentation related to a Card transaction such as a copy of a Sales Receipt or other transaction source documents.
Sales Receipt: Evidence of a purchase of goods or services by a Cardholder from a Merchant using a Card, regardless of whether the form of such evidence is in paper, electronic or otherwise, and which conforms to Card Scheme Rules. Sales/Credit Summary: The identifying form used by a paper Submission merchant to indicate a Batch of Sales Receipts and Credit Receipts (usually one day's work).
Split Dial: A process which allows the Authorisation terminal to dial directly to different Card processors for Authorisation.
Split Dial/Capture: Process which allows the Authorisation terminal to dial directly to different Card processors (e.g., Amex) for Authorisation and Electronic Draft Capture.
Store and Forward: A transaction that has been processed by a merchant when the merchant cannot obtain an Authorisation while the customer is present, typically due to a communications failure. The merchant will store the transaction electronically in their host system and retransmit the transaction when communications have been restored. Submission: The process of sending Batch deposits to First Data India for processing, electronically or by mail.
Summary Adjustment: An adjustment to your Submission and/or Settlement Accounts in order to correct errors.
You, Your: The Merchant named in the Application.
Note: These e-Com Terms will apply only if the Merchant has opted to receive e-Com Value Added Services from First Data India & IDFC in the Merchant Processing Application Form as executed by the Merchant.
The e-Com Terms mentioned hereinbelow are to be read and understood in conjunction with the Merchant Processing Application Form as executed by you in favor of
IDFC Bank Limited ("IDFC") and First Data India Private Limited. ("First Data India") (“Application”) and the Transaction Documents, which is comprised of the Application, the Privacy Statement and Consent, the General Terms and the Operating Guide (“Transaction Documents”) for receiving payment processing facilities and services (“Services”).
These e-Com Terms supplement, amend and form part of the Transaction Documents
Except to the extent set out to the contrary below, words defined in the Transaction Documents have the same meaning when used in this e-Com Terms.
Cardholder Payment includes the purchase price of goods or services purchased by a Cardholder and all other taxes, duties, costs, charges and expenses in respect of the goods or services that are charged to the Cardholder's Card.
Delivery means delivery by You of goods to the address nominated by the Cardholder or performance by You of the services purchased by the Cardholder, satisfactory proof of which has been provided to Us.
e-Com Merchant Service Fee means the fees specified in Transaction Documents and varied from time to time in accordance with the Transaction Documents.
e-Com Service means the payment gateway services (including any equipment and software) provided by First Data India to You to enable You to accept Card not present payments over the phone or internet for goods or services provided by You and any services that augment or enhance such services.
e-Com Transaction means a Card not present transaction between You and a Cardholder where neither the Card not the Cardholder are present at the time of the transaction and where the Card details are transmitted to You over electronic media (such as the Internet or a public or private network).
3D Secure means the three domain secure protocol developed by Visa and MasterCard (including Verified by Visa” and “MasterCard SecureCode”) referred to in the Operating Guide as the Card Validation Codes and such other programs notified by Us to You from time to time.
2.2(b)(xiii)of Your General Terms, You are authorized to conduct mail order/telephone order and internet Card transactions in accordance with these e-Com Terms and the Operating Guide.
Your Transaction Documents continue to apply to e-Com Transactions and these e-Com Terms prevail in respect of any
to e-Com Transactions to the extent of any inconsistency between Your Transaction Documents and these e-Com Terms. References in the Transaction Documents to transactions using a Card include transactions using a Card account in accordance with these
;e-Com Terms and the Operating Guide as they apply to e-Com Transactions.
2.2) You shall use the software forming part of the e-Com Services in accordance with these e-Com Terms and shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software, or use it for purpose/s other than utilisation of the e-Com Services.
2.3) You agree that:
(a) only those products and services referred to in Your Application or subsequently agreed to by Us will be offered for sale through Your website and that if We consider that any products or services offered by You through Your website may affect the reputation of either IDFC or First Data India, We may suspend or terminate acceptance by Us of e-Com Transactions from You.
(b) You will not request Card details to be submitted by email, or over the Internet, and then input a transaction as an e-Com Transaction to a POS Terminal.
(c) We may require You to undertake e-Com Transactions using 3D Secure.
If You fail to do so within a timescale acceptable to Us, We may suspend or terminate acceptance by Us of e-Com Transactions from You.
(d) You will not, and will ensure that Your agents and users of Your website do not, use any website in any way which might jeopardize the integrity, confidentiality or security of Your or Your agent’s Equipment, any computer system, servers or network used by You to communicate with either of Us or with Cardholders or other computer systems including through disabling devices and unsolicited emails.
(e) You will seek Authorisation in accordance with the Transaction Documents and if You accept e-Com Transactions in breach of the Transaction Documents, We may immediately terminate the Transaction Documents; and
(f) It is solely Your responsibility to verify the Delivery address with the Cardholder and ensure the products purchased are dispatched to that address.
2.4) You shall provide a commercially reasonable level of support to Cardholders while selling products and/or services using the e-Com Services.
Such support shall include appropriate notice to Cardholders of:
(a) Your contact details if the Cardholder has questions regarding the nature or quality of products or services;
(b) Fees, inclusive of taxes and Delivery methods and charges (and any other taxes and charges) for the products or services; and
(b) Procedures for making and resolving disputes and complaints from the Cardholder.
2.5) In addition to Clauses 2.4 of the Transaction Documents (to the extent it applies to e-Com Transactions) an e-Com Transaction is invalid if:
(a) The products or services purchased by the Cardholder are not Delivered or are not as ordered or are defective
(b) The transaction is submitted more than 13 calendar days after the date of the purported purchase of products or services.
2.6) In exchange for receiving the e-Com Services, You shall pay the e-Com Services Merchant Fees.
Subject to the terms of the Transaction Documents, and in addition to any payments required by the Transaction Documents, IDFC will pay into your Settlement Account(s), in accordance with applicable law and Card Scheme Rules, as per the instruction received by IDFC from First Data India, the value of Cardholder Payments since the last payment/credit to your Settlement Account, less e-Com Merchant Service Fees, service tax on e-Com Merchant Service Fees and Withheld Transactions and/or any refund transactions, Chargebacks or other debits you processed and after deducting any additional fees or pricing set out in this Transaction Documents and any indirect tax including service taxes as applicable.
3) our rights and obligations
3.1) Subject to the terms of the Transaction Documents, our obligations under the Transaction Documents are subject to the following limitations:
3.2) We have no liability for any failure or delay in performing our obligations under the Transaction Documents if such failure or delay:
(a) Is caused by Your acts or omissions or the acts or omissions of Your server or internet service provider;
(b) Results from actions taken by Us in a reasonable good faith effort to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on Cardholders; or
(c) Is caused by circumstances beyond our control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruption or loss of data.
3.3) If Your use of the e-Com Services results or in our opinion is likely to result in a claim of infringement, then We may at our election and Your cost, replace or modify the e-Com Services or the suspected infringing component of e-Com Services so that it becomes non-infringing.
If, after using commercially reasonable efforts, the infringement still exists, any of the Parties may terminate the e-Com Services on written notice to the other Parties.
4.1) IDFC grants to You a non-exclusive, royalty-free limited license to use, display and reproduce trademarks, service marks, and logos nominated by Us from time to time (“IDFC Trademarks”) in connection with the use of e-Com Service, provided that this does not constitute a license to use IDFC
Trademarks as part of Your internet domain name.
Such use of IDFC Trademarks will be governed by IDFC’s policies in this regard, as notified to You by Us, from time to time.
4.2)You grant to each of IDFC and First Data India a non-exclusive, royalty-free limited license to use, display and reproduce Your trademarks, service marks, and logos (“Merchant Trademarks”) in connection with the marketing of e-Com Services.
IDFC and First Data India shall use the Merchant Trademarks in accordance with policies as provided by the Merchant from time to time.
5) CONSEQUENCES OF TERMINATION
The e-Com Service may be terminated in accordance with the Transaction Documents and these e-Com Terms.
If the e-Com Service is terminated then: