TheBestGateway will provide Merchant services to the merchant; The merchant will tender to TheBestGateway transaction data generated from all your transactions via electronic data transmission according to our formats and procedures throughout the following terms and conditions.
1) The Payment Transaction represents payment or refund of payment for the legitimate sale or lease of the goods, services, or both, that was provided by you i n the ordinary course of your business, and the Payment Transaction is not submitted on behalf of a third party.
2) The Payment Transaction represents an obligation of the Customer for the amount of the payment Transaction.
3) The Payment Transaction does not include any element of credit for payment of a previously dishonored Payment Instrument or for any other purpose except payment for a current transaction, and, except in the case of approved installment or pre-payment plans, the goods have been shipped or services actually rendered to the Customer.
4) The Payment Transaction is free from any alteration not authorized by the Customer.
5) The amount charged to the Customer that is represented in the Payment Transaction is not subject to any dispute.
6) The goods or services related to each Payment Transaction are your property and you are free to sell them.
7) Any credit transaction submitted to us represents a refund or adjustment to a Payment transaction previously submitted to PayTechno.
8) You will not submitted any Payment Transaction that you know or should have known to be either fraudulent or not authorized by the Customer or otherwise in violation of any provision of this Agreement.
9) Disclosure of Refund Policy.
Your return/cancellation policy must be disclosed to your customers. You must maintain a fair policy with regard to the return/cancellation of merchandise or services and adjustment of Transactions. You must disclose your return/cancellation policy to us on your application form.
10) Delinquency/Merchant Fraud.
From time to time we may (or may not) temporarily delay or suspend payments to you and/or designate a number of funds that we must maintain in order to protect us against the risk of Chargebacks. The Reserve Account will contain reasonable amount of funds to cover any un billed processing costs and our estimated exposure based on reasonable criteria for Chargebacks, returns, unshipped merchandise, and/or unfulfilled services and all additional payables anticipated under this Agreement. The Reserve Account will be controlled by PayTechno, you will have no legal right or interest in the funds in the Reserve Account; however, upon satisfaction of all of your obligations under this Agreement, the remaining in the Reserved Account will be paid to you.
Any funds in the Reserve Account may be commingled with other funds, and need not be in a separate account.
We will provide a detailed statement showing the activity for your merchant account(s) by online access (or otherwise if we agree). We will not be responsible for any error that you do not bring to our attention within 90 days from the date of such statement.
12) TheBestGateway is not responsible in any way to the relations or services or products provided by your company to your customers;
You agree to indemnify TheBestGateway, Member, the Payment Brands, and their respective affiliates, officers, directors, employees, agents, and sponsoring banks from any losses, liabilities, and damages of any and every kind (including, without limitation, our costs, expenses and reasonable attorneys’ fees) arising out of any claim, complaint, or Chargeback (i) made or claimed by a Customer with respect to any Transaction or Transaction Data submitted by you,
(ii) caused by your noncompliance with this Agreement or any policy form attached to it including any breach of a representation or warranty made by you, (iii) resulting from any voluntary or involuntary bankruptcy or insolvency proceeding by or against you, or (iv) related to your placement or the placement of any person owning or controlling your business
13) Any credit transaction submitted to us represents a refund or adjustment to a Payment transaction previously submitted to TheBestGateway. No Disclosure of Customer Information you will exercise reasonable care to avoid disclosure or use of Payment Instrument Information, other than
1) to your agents and contractors in order to assist you in completing a Payment Transaction,
2) to the applicable Payment Brand,
3) as required by law.
By the Payment Brand Rules you are allowed to store only certain Payment Instrument
Information (the “Permitted Information”) currently limited to the following:
1) the customer’s name;
2) payment Instrument account number;
3) expiration date.
You are prohibited from storing any additional Payment Instrument Information, including, security code data and PIN data. All media containing Permitted Information must be stored in an unreadable format and in an area limited to selected personnel on “need to know” basis only and prior to either party
discarding any material containing Payment Instrument Information, the party will destroy it in a manner rendering the account numbers unreadable.
If you determine that Payment Instrument Information has been compromised you will notify TheBestGateway immediately and assist in providing notification to such parties as may be required by law or as we otherwise reasonably decide necessary. Merchant information may be shared by us with our affiliates.
You agree to comply with all data security standards, guidelines, and requirements that may be
published from time to time. You further agree to provide us upon our request with such tests, scans, and assessments of your compliance with Security Guidelines as required.
You agree to exercise reasonable due diligence to ensure that all of your Service Providers, and any other agents, business partners, contractors, or subcontractors with access to Payment Instrument Information, maintain compliance with the Security Guidelines.
If any Payment Brand requires a forensic examination of you or any of your Service Providers, agents, business partners, contractors, or subcontractors due to a data security compromise event or suspected event, you agree to cooperate with such forensic examination and agree to pay for all costs and expenses related to such forensic examination, including all of our attorneys’ fees and other costs relating to such forensic examination Charges and Fees
1. The merchant agrees to pay TheBestGateway for the services as specified in the application agreement attached to this form.
2. The charges and rates change according to the type of services, geographic location, processing volume and more…
3. The following charges may or may not apply as partially or fully charges:
Per Transaction Fee
Chargeback Processing Fee
Refund Processing Fee
10%-15% Rolling Reserve
4. Pricing is based on all Transactions qualifying under the Payment Brand Rules for the lowest Payment Brand interchange rates. Transactions that do not qualify for the best rate, the merchant may provide for a “downgrade,” and we will apply a higher rate than the qualifying rate.
5. Fees payable under this Agreement that contain a fraction of a cent will be rounded up to the next full cent.
6. TheBestGateway may modify the merchant for change in rates charges and pricing within 30 days
from change effective.
Payment Transactions’ Chargeback may occur under a variety of circumstances, as set by the
merchant rules, that is modified from time to time.Consequently, the following list of
circumstances is only partial that might give rise to Chargeback:
1) a Customer account number is invalid or incorrect;
2) an authorization/approval code was not received or other required authorization was not
3) an authorization/approval code was obtained for the wrong data or wrong amount;
4) a Customer never received the service requested;
5) a Customer’s refund/credit was processed as a sale;
6) the Transaction Data was for the wrong amount;
7) a Customer was not credited for returned merchandise or a canceled order;
8) the Payment Instrument was expired or invalid at time of sale;
9) a Payment Transaction or Conveyed Transaction was deposited more than once;
10) The security verification required (whether its 3D, geo, signature…) does not match
11) the Transaction Data was not delivered to us within the required time limits or any material
information is incomplete, inaccurate or unsigned;
12) Requested copies of Transaction Data were never received within the prescribed time
13) Providing goods or services without collecting from your customer all of the required
14) Providing goods or services to a customers which is not legally match by law to your
service. For example: under age customer for your company type of service.
If you have reason to dispute or respond to a Chargeback, then you must do so by the date provided by us on our report to you. We are not required to investigate, reverse or make any adjustment to any Chargeback when thirty 30 calendar days have elapsed from the date of the Chargeback. All responses to Chargebacks must be in writing, and must contain the following information: (1) date of debit/credit advice; (2) company case number; (3) total amount of
Chargeback; (4) date and dollar amount for which the Transaction Data was originally submitted (5) if known, the date and authorization approval code; and (6) any supporting documentation to substantiate your claim. You should include a dated cover letter detailing reasons for requesting
a review of the Chargeback. You should retain a copy of the correspondence and all documentation for your files. You should also retain proof that we received your response. (7) all of the required compliance documents which required according to the type of services or
Original documentation or legible copies of each Transaction must be stored by you for at least 18 months from the date of the Transaction.
Response to Retrieval Requests. We will send you any Retrieval Request that we cannot fulfill with the information we have on file concerning any Payment Transaction. You must provide us in writing the resolution of your investigation of such Retrieval Request and include legible copies of any documentation
required by the Retrieval Request within 7 business days after we send it to you. In accordance with merchant rules your failure to fulfill a Retrieval Request may result in an irreversible Chargeback.
The initial term of this Agreement shall come into operation upon our acceptance hereof as
evidenced by our acceptance of your first Transaction for processing hereunder, and shall
continue until either:
1) terminated by you by giving at least 30 days’ prior written notice to us or
2) terminated by us by giving notice to you (such termination by us to be effective as of a date
set forth in such notice, or, if no such date is set forth, to be effective as of the date such notice
is received by you).
We reserve the right to place you or any person owning or controlling your business in the
match file in the event this Agreement is terminated for any cause.
Account Activity After Termination
Termination does not affect the rights and obligations of Transaction Data submitted before
If after the date of termination you submit Transaction Data to us, we may process such
Transaction Data in accordance with all of the terms and conditions of this Agreement. Upon
notice of any termination of this Agreement, we may estimate the aggregate dollar amount of
Chargebacks and other obligations, liabilities, and expenses that we reasonably anticipate
subsequent to termination, and you agree to immediately deposit such amount in your
Settlement Account or as otherwise directed by us, or we may withhold such amount from your
settlement funds, in order to establish a Reserve Account pursuant to and governed by the
terms and conditions of this Agreement.