COVID-19: Helping your business during the pandemic.
COVID-19: Helping your business during the pandemic.
In the event that First Data and, in respect of a given Territory other than the United States, its bank or other financial institution which provides Card Organization sponsorship in that Territory to First Data in accordance with the Card Organization Rules are the Acquirer of a transaction of Merchant, the following provisions are required in full and without edit. They shall apply to all non-US transactions acquired by (i) First Data Global Services Limited and/or First Data Merchant Services Corporation (“both, First Data”) which is the sponsored acquirer for various financial institutions (hereinafter, “Acquirer”), and shall be incorporated into this Merchant Agreement and the incorporated Terms and Conditions.
A. The Merchant will not submit for payment, any transaction it knows or ought to have known to be illegal, fraudulent, not authorized by the Cardholder, not in compliance with applicable law or Card Organization Rules or subject to any claim, setoff, counterclaim, lien or other encumbrance, or that represents the refinancing of an existing obligation of the Cardholder or otherwise violates the Merchant’s Agreement with BlueSnap, or with respect to any transaction prohibited by Acquirer (each, a “Prohibited Transaction”);
B. All retrieval requests, Cardholder disputes, and chargebacks shall be handled between BlueSnap and the Merchant;
C. No refunds, credits, exchanges, or adjustments related to the transaction shall be submitted by the Merchant to Acquirer, instead all such issues shall be handled by BlueSnap;
D. On an ongoing basis, the Merchant must promptly provide BlueSnap with the current address of each of its offices of the contracting entity(ies) and any of its entities or subsidiaries processing transactions through BlueSnap, all “doing business as” (DBA) names used by the Merchant, and a complete description of goods sold and services provided to its customers, names and domiciles of the Merchant’s principals, and any other information reasonably requested by Acquirer and/or BlueSnap from time to time;
E. The Merchant authorizes BlueSnap and Acquirer to obtain financial and credit information regarding the Merchant;
F. The Card Organizations may at any time, immediately and without advance notice, prohibit the Merchant from using any of the Card Organization Marks for any reason;
G. The Card Organizations have the right to enforce any provision of the Card Organization Rules and to prohibit the Merchant from engaging in any conduct the Card Organizations deem could injure or could create a risk of injury to the Card Organizations, including injury to reputation, or that could adversely affect the integrity of the interchange system, the Card Organizations, Confidential Information as defined in the Card Organization Rules, or both;
H. The Merchant will not take any action that could interfere with or prevent the exercise of any rights by the Card Organizations;
I. The Merchant acknowledges and agrees that its relationship in connection with the Merchant Agreement is with BlueSnap and not Acquirer, and that the Merchant may not seek recourse against Acquirer, and Acquirer will have any obligation or liability whatsoever to the Merchant under or in connection with the Merchant Agreement, including any damages arising out of or in connection to the Merchant Agreement;
J. That BlueSnap can provide to Acquirer, and the Merchant agrees that Acquirer may use, for the purposes of fulfilling their obligations under this Agreement or as otherwise required, any information, whether confidential or otherwise, regarding the Merchant that they may, from time to time, request within seven (7) days of making such request;
K. The Merchant shall co-operate with BlueSnap and Acquirer in respect of any issues arising out of Merchant’s breach or potential breach of security in relation to the holding of confidential data, including engaging in paying for the cost associated with the forensic investigation;
L. Acquirer may disclose information about the Merchant’s business to associated companies, the police, Card Organizations, regulators, or any other investigating body for use in the prevention or detection of fraud or other criminal activity, or to any credit reference agency which is used as a source of information;
M. The Merchant shall ensure that transaction data it submits for processing is accurate and complete and that each transaction represents a bona fide sale or purchase between it and the Cardholder not previously submitted;
N. The Merchant shall notify BlueSnap immediately if it expects to exceed or exceeds the maximum amount under the Card Rules requiring Merchant to have a direct agreement with the Acquirer.
O. To the extent requested by Acquirer, BlueSnap will cease processing, and the Merchant will cease submitting transactions to Acquirer, and/or BlueSnap and the Merchant shall enter into a merchant agreement with Acquirer on terms satisfactory to Acquirer;
P. In the aforesaid event (i) if BlueSnap or Merchant fail to comply with such requirements, or Acquirer determine that they cannot make such payments under applicable law, or (ii) if Acquirer otherwise determines that any such payment by BlueSnap under the Merchant Agreement could constitute a risk, then Acquirer shall be entitled to provide direct funding to the Merchant.
Q. The Merchant acknowledges that Card-Not-Present Transactions have a substantially higher incidence of Chargebacks, and the Merchant assumes all risks associated therewith;
R. It is the responsibility of the Merchant to verify the identity of the user of the Card submitting a transaction and the Merchant assumes all associated risks (including fraud risks and Chargeback risks);
S. Any Card Organization and Acquirer and its regulators and auditors may audit the Merchant’s records relating to transactions processed under Merchant Agreement. The Merchant shall provide all documentation, information or other inspection rights requested by the Card Organizations or Acquirer’s regulators or auditors or otherwise to enable Acquirer to comply with applicable law and the Card Organization Rules;
T. As required by the Card Organizations, the Merchant must comply with PCI and it shall enable Acquirer (as required by the Card Organizations) to carry out an audit of the Merchant’s systems to ensure the Merchant’s compliance ; and
U. The Merchant will comply with all applicable laws, and the Merchant’s ability to process transactions shall be automatically terminated if Merchant or any of its officers, directors, principals, partners, employee, agent, contractor or subcontractor authorized to act on behalf of Merchant becomes an OFAC Prescribed Person.
2. Merchant hereby acknowledges and agrees that Acquirer may retain or withhold settlement of any sums due to Merchant as a result of the Merchant’s breach of its obligations under the Merchant Agreement.
3. You acknowledge that BlueSnap may terminate the Merchant Agreement immediately if:
A. Acquirer or the Card Organizations request BlueSnap to do so;
B. Acquirer terminates the Merchant Agreement with BlueSnap for any reason;
C. The Card Organizations de-register BlueSnap as a payment service provider and/or a master merchant or if Acquirer cease(s) to be a member of any Card Organization for any reason or if Acquirer fails to have a valid License with any Card Organization to use any Mark accepted by the Merchant; in such circumstances the Merchant Agreement may be automatically terminated;
D. The Merchant’s activity is deemed, at BlueSnap’s discretion or at the direction of Acquirer or the Card Organizations, to be fraudulent or otherwise wrongful or in violation of the Card Organization Rules;
E. Acquirer considers the percentage, number or amount of fraudulent transactions submitted by the Merchant or the number of Chargebacks in relation to BlueSnap’s business or the business of the Merchant, to be excessive;
F. The Merchant submits for processing, transactions on behalf of any third party entity other than that agreed between the parties hereto;
G. The Merchant materially alters its website content without BlueSnap’s prior written consent or changes its business or alters its business model during the term of the Merchant Agreement or if there is a direct or indirect change of control of the Merchant or any parent company of the Merchant;
H. For any other circumstance or event for which required by Card Organization Rules to be included as a termination event in the Merchant Agreement; or
I. For six (6) consecutive months the Merchant fails to submit any transactions.
J. As BlueSnap is responsible to the Card Organizations and Acquirer for the Card acceptance policies and procedures of the Merchant, BlueSnap may require any changes to Merchant’s website or otherwise that BlueSnap, Acquirer deems necessary or appropriate to ensure that the Merchant remains in compliance with the Card Organization Rules governing the use of the Card Organization Marks.
4. In the event of any inconsistency between any provision of the Agreement between Merchant and BlueSnap and the Card Organization Rules, the Card Organization Rules will take precedence.
5. At all times during the term of the Merchant Agreement the Merchant acknowledges and agrees:
A. to comply with all applicable Card Organization Rules, as amended from time to time and that all provisions required by the Card Organization Rules to be included in the Agreement between BlueSnap and Merchant (as the Rules may be updated from time to time) are so deemed incorporated by reference into the Agreement and such Rules take precedence in case of any conflict with the Agreement;
B. that the Card Organizations are the sole and exclusive owners of the Card Organization Marks;
C. not to contest the ownership of the Card Organization Marks for any reason;
D. to only submit transactions to BlueSnap that are in respect of goods and/or services provided by the Merchant to the Cardholder; and
E. that it or BlueSnap on its behalf where permitted has accessed the Operating Guide (as may be amended from time to time), the terms of which are incorporated into this Agreement, and the Merchant agrees to follow the procedures in the Operating Guide in connection with each Card Transaction.
F. to ensure that it prominently and unequivocally informs a Cardholder of the identity of the Merchant at all points of interaction, so that the Cardholder can readily distinguish the Merchant from any other third party, such as a supplier of products or services to the Merchant and will ensure that its website:
(i) prominently displays the name of the Merchant;
(ii) prominently identifies the name of the Merchant as displayed on the website as both the Merchant and as the name that will appear on the Cardholder statement; and
(iii) displays the Merchant name and information as prominently as any other information depicted on the website, other than the images of the products or the services being offered, in accordance with the Card Organization Rules.
6. Fair Acceptance. Merchant shall honor all valid and current Cards presented by Cardholders in accordance with the Card Organization Rules and the Merchant shall not:
A. undertake transactions for anything other than the genuine purchase of the goods and/or services that the Merchant supplies;
B. impose any minimum or maximum transaction values;
C. discriminate against the use of Cards in any way;
D. split a transaction into two or more transactions;
E. accept transactions relating to goods and/or services which fall outside the description of the Merchant’s business without prior written approval of BlueSnap;
F. accept a transaction or present transaction data for processing which was not undertaken directly between the Merchant and the Cardholder;
G. accept or process transactions in order to give Cardholders cash;
H. accept any transaction using any Card issued in BlueSnap’s or the Merchant’s name, or related to the Acquirer bank account of BlueSnap, or of a partner in, or director or other officer of BlueSnap’s business or the business of the Merchant, or of the spouse or any member of the immediate family or household of any such person;
I. submit transaction data which Merchant knows or ought to have known is illegal or with respect to transactions that were previously subject to a Chargeback;
J. Except in the situations expressly allowed for under the relevant Card Organization Rules, process a refund, price adjustment or other credit without having completed a previous transaction with the same Cardholder on the same Card, or reimburse any refund in cash or by check, or accept money or a check from a Cardholder for the purpose of preparing the same;
K. Refund transactions to a Card which was not originally used to make such transactions. Merchant must not, under any circumstances, accept money from a Cardholder in connection with processing a refund to the Cardholder’s Account.
7.1 Authorization Request. Merchant must seek, authorization at the time of, or prior to, submitting each transaction.
7.2 Authorization Granted. If authorization is granted, Merchant shall (where relevant) record on the transaction record the code number allocated to the authorization.
7.3 Authorization Refused. If authorization is refused the transaction must not proceed and the Merchant must not, seek authorization (for a transaction on behalf of the same Cardholder) for any different amount. The Merchant shall be responsible for, and accept all Card Organizations assessed fines, fees or termination of Agreement or, for actions related to: (i) failure by Merchant to obtain an authorization code; (ii) Merchant’s submission of a transaction after receiving a decline (even if a subsequent authorization attempt results in an authorization code); or (iii) Merchant attempts to submit multiple/partial transactions or multiple authorizations and transactions.
7.4 No Guarantee of Payment. AUTHORIZATION OF A TRANSACTION DOES NOT GUARANTEE PAYMENT TO MERCHANT FOR A TRANSACTION NOR IS IT A GUARANTEE THAT IT WILL NOT BE SUBJECT TO A CHARGEBACK OR THAT MERCHANT WILL NOT BE SUBJECT TO A DEBIT IN RELATION TO THAT TRANSACTION. SHOULD A CARDHOLDER DENY HAVING PARTICIPATED IN A TRANSACTION, ACQUIRER MAY, AT ITS DISCRETION, WITHHOLD OR RETURN THE RELEVANT TRANSACTION/TRANSACTIONS AS UNPAID. Authorization indicates only the availability of credit at the time of authorization, and does not warrant that the person presenting the Card is the rightful Cardholder.
7.5 Disputes with the Card Organizations and Cardholders. Merchant shall at its own expense, provide Acquirer with all reasonable assistance to resolve any dispute arising under the Card Organization Rules. Acquirer shall, as against Merchant, have complete discretion to decide whether or not to resist or defend any claim made against Acquirer by any Card Organization or Cardholder, or whether to compromise any such claim, and the decision shall be binding on Merchant. Merchant also agrees that BlueSnap and Acquirer shall each have discretion to accept, dispute, compromise or otherwise deal with any claim made against Merchant and/or BlueSnap and Acquirer arising out of a transaction accepted by Merchant for loss or liability in respect thereof on Merchant’s behalf.
7.6 Dispatching of Goods.
(a) Acquirer cannot provide name and address verification as part of the normal authorization process. Where a Merchant is dispatching goods it is Merchant’s responsibility to ensure that the address to which the goods are to be dispatched is verified by Merchant
(b) Merchant must advise the Cardholder of the time it will take to dispatch the goods and if, for any reason, it does not have the goods available for dispatch to the Cardholder within such advised time period, then the Cardholder must be notified of that fact and the order re-confirmed by the Cardholder.
8 Acceptance of Transactions
(a) General. This Agreement applies to the type of transactions authorized to be processed as part of Merchant’s Merchant Application or subsequently upon Merchant’s written request. Merchant acknowledges and agrees that, except as expressly agreed in writing by BlueSnap, Acquirer and Merchant, the BlueSnap Services will not be provided under this Agreement in support of any card-present transactions.
(a) All transactions accepted by Merchant and processed through the BlueSnap Services must be in the agreed currencies unless BlueSnap has given prior consent in writing that payment in other currencies may be accepted.
(b) Unless expressly authorized, Merchants is not permitted to undertake any transactions that utilize Dynamic Currency Conversion
(c) Card Acceptance. Merchant shall:
(a) accept all valid and current Cards presented by Cardholders which are covered by this Agreement, in each case subject to and in accordance with the Acquirer Program Standards Guide and the Card Organization Rules;
(b) provide its full range of goods and/or services to Cardholders at prices not greater than normal cash prices or as otherwise permitted by the Card Organizations;
(c) submit transactions to BlueSnap and Acquirer for authorization in accordance with this Agreement or as otherwise instructed by BlueSnap;
(d) not accept any transaction (and not to present for processing any transaction data relating to any such transaction) under this Agreement which has been previously charged back by the Cardholder and returned to BlueSnap and/or a Merchant; and
(e) Merchant assumes all responsibility for identification of the Cardholder and the validity of the Cards used for all transactions.
(d) Disclosure. If Merchant indicates a price to a Cardholder which is not a price applicable to all methods of payment accepted by it then before the Merchant accepts the transaction it must display a statement explaining any methods of payment to which the indicated price does not apply and the difference in price either as an amount or a percentage.
(a) Own Risk. Undertaking transactions will be solely at Merchant’s risk and Merchant will be liable for any losses which occur as a result of undertaking or submitting such transactions. Merchant understands that it accepts such transactions at its own risk.
(b) Withdrawal of Permission. Acquirer or BlueSnap, may upon giving Merchant notice, withdraw permission for Merchant to accept, submit or process certain type of transactions where there are, in the sole opinion, of Acquirer unacceptable levels of Cardholder disputes resulting from transactions which Merchant has submitted and/or transactions which Merchant has submitted and which subsequently turn out to be fraudulent.
(f) Recurring Transactions. The following provisions will apply to recurring transactions:
(a) Own Risk. Undertaking recurring transactions will be solely at Merchant’s risk and Merchant will be liable for any losses that occur as a result of undertaking such transactions. Merchant understands that it accepts such transactions at its own risk.
(b) Cardholder Consent. In addition to seeking authorization for each recurring transaction, Merchant is required to obtain a prior approval from the relevant Cardholder for the goods and/or services to be charged to its account periodically.
(c) No Completion of Recurring Transactions. Merchant must not complete a recurring transaction after receiving: (i) cancellation from the Cardholder; (ii) notice from Acquirer or BlueSnap that Merchant may no longer process recurring transactions for the relevant Cards; or (iii) advice that the Card is not to be honored.
(g) Future Delivery of Goods/Services. Merchant shall not to accept any transactions representing a deposit, partial payment or payment in respect of a future delivery of goods and/or services unless this is expressly permitted under this Agreement or has otherwise been agreed by BlueSnap in writing. Merchant must ensure that the acceptance, processing and submission of any such transaction is made in accordance with the Card Organization Rules or as otherwise instructed by BlueSnap.
(h) Cash Payments by and Cash Disbursements to Cardholders. Merchant covenants that it: (i) will not submit any direct payments from Cardholders for charges of goods or services which have been included on a previous sales draft; (ii) will include taxes on transactions in the amount charged and will not collect such amount in cash; and (iii) will not make any cash disbursements to a Cardholder as part of a transaction except to the extent expressly authorized by this Agreement, the Program Standards, the Operating Guide and the Card Organization Rules.
9 General Obligation Regarding Submission of Transactions. Merchant shall only submit valid transactions involving a bona fide Cardholder. Merchant must not submit any transactions that Merchant knows, or should have known, to be fraudulent or not authorized by the Cardholder. In submitting transactions Merchant represents and warrants (without limiting any other warranties under this Agreement) that: (i) the transaction represents a bona fide sale/rental of merchandise or services not previously submitted; (ii) all statements and representations of fact contained in the transaction are within Merchant’s knowledge and are true and complete; (iii) the transaction represents an obligation of the Cardholder for the amount of the transaction; (iv) the amount charged for the transaction is not subject to any dispute, setoff, or counterclaim; (v) the transaction amount is only for the merchandise or services (including taxes, but without any surcharge) sold or rented and, except for any delayed delivery or advance deposit transactions expressly authorized under this Agreement, the merchandise or service was actually delivered to or performed for the person entering into the transaction simultaneously upon Merchant accepting and submitting the transaction for processing and settlement; (vi) the transaction does not represent the refinancing of an existing obligation of the Cardholder (including any obligation otherwise owed to the Merchant by a Cardholder or arising from the dishonor of a personal check); (vii) Merchant has no knowledge or notice of any fact, circumstances or defense which would indicate that the transaction was fraudulent or not authorized by the Cardholder or which would otherwise impair the validity or enforcement of the Cardholder’s obligation arising from such transaction or relieve the Cardholder from liability with respect thereto; (viii) the transaction submitted was entered into by the Merchant and the Cardholder; (ix) the transaction is not a payment for a product or service that violates any law (either super-national, national or regional) applicable to any aspect of the transaction; (x) the transaction was made in accordance with this Agreement, the Card Organization Rules and applicable laws; (xi) the transaction is not for a Cardholder’s payment to an Issuer; and (xii) the transaction does not arise from any transactions between Merchant and Cardholder(s) who are owners, partners, guarantors, officers or employees of either thereof, respectively, other than genuine purchases, leases or rentals of goods or services or other payments, all in the ordinary course of business. Merchant is responsible for ensuring the accuracy and completeness of all transaction data submitted.
10 Data Security
(a) Compliance. Merchant shall comply with all security procedures of which BlueSnap may notify it from time to time, before completing any transaction.
(b) Retention/Storage of Transaction Data. Merchant shall retain all transaction data in the strictest confidence and in a secure environment where it can only be accessed by authorized members of staff, and shall ensure that any such details stored electronically are fully protected, correct, complete, not lost or damaged and can be reconstituted, in a complete and easily readable form. Merchant will take all reasonable precautions to ensure that Cardholder Information is not disclosed to any person or entity other than BlueSnap or Acquirer or misused by any person or entity.
(c) Retention of Transaction Records for Retrievals and Chargebacks.
(a) Merchant shall retain in a secure place legible copies of all transaction records and receipts, invoices, receipts or equivalent documents relating to each transaction. For the purpose of compliance with the Card Organization Rules in relation to Chargebacks, all the above mentioned documents must be kept in a safe, secure and confidential manner for eighteen (18) months from the date of the relevant transaction (or, if applicable, in the case of recurring transactions, eighteen (18) months from the date of the last transaction forming part of the recurring transaction).
(b) Merchant must not (i) retain or store any magnetic stripe or CVV2/CVC2 data after authorization for a transaction has been received or (ii) sell, purchase, provide or exchange Cardholder Information or transaction data to, from or with any third party without the Cardholder’s consent, except as specifically required by applicable law, and only to the extent allowed by applicable law and the Card Organization Rules.
(d) Loss or Corruption of Transaction Data.
(a) Acquirer and BlueSnap will not in any circumstances be liable in respect of the face value of any transaction data, or (other than if due to their own negligence or fraud) the costs of reconstituting such data, or for any other loss or damage arising on any loss or corruption of transaction data.
(b) If any loss or corruption of transaction data of whatever nature arises as a result of an act or omission by Merchant or any agent or sub-contractor engaged by Merchant, then Merchant shall be jointly and severally liable under this Clause 10(d).
(e) PCI DSS.
(a) Merchant hereby permits BlueSnap to provide Acquirer with all relevant information regarding the extent to which Merchant stores transaction data.
(b) Merchant and any agents, contractors and any third party partners engaged by Merchant, that store, process or transmit data, shall comply and maintain compliance with PCI, Visa “Account Information Security Program” and the MasterCard “Site Data Protection Program” and any other similar program as stipulated by the Card Organizations including any changes to those programs and standards which may occur from time to time. Merchant shall notify BlueSnap immediately if any data breach (including any unauthorized use or disclosure, or any loss, theft or compromise of Cardholder Information or transaction data) may occur, is suspected to have occurred or has occurred. BlueSnap is permitted to immediately notify Acquirer of any such incident.
(c) Merchant acknowledges and agrees that:
(i) it is a requirement of the Card Organizations that Merchant, its agents, contractors and any third party partners who have an obligation to comply with PCI, comply with such obligations and maintain such compliance with PCI;
(ii) any failure by Merchant, its agents, contractors and any third party partners who have an obligation to comply with PCI and who fail to comply with PCI may lead to fines being raised by the Card Organizations;
(iii) any fines which Acquirer or BlueSnap may incur as a result of Merchant’s non-compliance with this Clause 10(e) and the Card Organizations requirements for PCI shall be passed to Merchant and Merchant shall be wholly liable to pay such fines; and
(iv) Acquirer and/or BlueSnap my request details of the security systems applied by Merchant, or may carry out an inspection or audit of Merchant’s systems, including computer systems. In the event that Acquirer or BlueSnap wish to carry out an inspection, Merchant will be given advance notice specifying the date and nature of the inspection.
(e) If Merchant believes that it) will be unable to meet any of the requirements as set out in this Clause 10(e), Merchant will immediately notify BlueSnap as soon as reasonably practicable. If Acquirer and/or BlueSnap so elect, Acquirer will work with BlueSnap and will liaise with the Card Organizations as reasonably necessary to try to extend the deadline for Merchant to comply with PCI.
(f) Confidentiality. Since the documents constituting this Agreement contain certain information designed to help reduce the risk of fraud arising on transactions, Merchant must treat such documentation as confidential and keep it secure and not disclose it other than in accordance with this Agreement.
11 Transaction Settlement.
(a) BlueSnap may deduct the value of any Chargebacks, Refunds, adjustments, applicable interchange, assessments, fees, fines (including those imposed by the Card Organizations), rejected transactions and suspended transactions, amounts payable to third parties pursuant to instructions in accordance with the Card Organization Rules, other ad hoc charges, where such settlement funds are required to be genuinely reimbursed to Merchant in respect of transaction data that is provided to Acquirer, and any other amounts then due from Merchant.
(b) General Right to Withhold Settlement Funds. In addition to any other rights or remedies Acquirer and/or BlueSnap may have against Merchant, Acquirer and BlueSnap each reserve the right to retain or withhold settlement of any sums due to Merchant if:
(a) Merchant fail to comply with the terms of this Agreement;
(b) in the circumstances listed in Clause 11(c) hereof; or
(c) termination event has occurred.
(c) Suspension. BlueSnap may, with or without notice, or on direction of Acquirer,change processing or payment terms and/or suspend credits or other payments of any and all funds, money and amounts now due or which subsequently become due to Merchant pursuant to this Agreement if in good faith BlueSnap suspects: (i) that any transaction is fraudulent or involves other criminal activity; (ii) that any transaction was not in the ordinary course of Merchant’s business; or (iii) if the number and/or size of the transaction(s) is significantly greater than expected; or (iv) if any of termination event has occurred; or (v) if BlueSnap suspects that any such termination event has, or is likely to occur. All payments so suspended may be retained by BlueSnap and/or Acquirer until they have satisfied itself that such transaction(s) is/are legitimate and no longer liable to be the subject of a Chargeback. No interest shall accrue in respect of any such amount that is so withheld.
12 ELECTRONIC COMMERCE TRANSACTIONS
(a) Use of Website. Merchant warrants and represents that Merchant and Merchant’s agents, subcontractors and employees do not and shall not use any website in any way which might jeopardize the integrity, confidentiality, or security of the Merchants or their agents’ associated equipment, any computer system, servers or network used by Merchant to communicate with BlueSnap or with Cardholders or other computer systems including through disabling devices and unsolicited e-mails.
(c) Merchant will prominently and unequivocally inform the Cardholder of the identity of the Merchant at all points of interaction, so that the Cardholder can readily distinguish the Merchant from any other party, in particular, the Merchant must:
(i) display the Merchant’s name prominently;
(ii) identify prominently Merchant’s name as displayed on the website as both the Merchant and as the name that will appear on the Cardholder statement; and
(iii) display Merchant’s name information as prominently as any other information depicted on the website, other than images of the products or services being offered on sale.
(d) Termination and Suspension. Acquirer may direct BlueSnap to give immediate notice of termination if Acquirer or BlueSnap consider that in their respective opinion, which shall be final, the content of any Merchant website, or any of the goods and/or services offered on such website do not meet the standards required for Acquirer and/or BlueSnap to continue to offer Merchant facilities. Acquirer and/or BlueSnap may also stop accepting transactions immediately if any goods and/or services offered may adversely affect Acquirer’s or the Card Organizations reputation(s).
(e) Authentication. Where required by the Card Organization, applicable laws or a governing body in the relevant Territory, BlueSnap reserves the right to require Merchant to undertake transactions using authentication programs. If, when so requested, Merchant fails to implement the required authentication program within a timescale acceptable to Acquirer and/or BlueSnap, then Merchant’s right to process transactions may be terminated immediately.
(f) Customer Service. Merchant must provide customer service through its website if a Cardholder accesses its website directly.