Whereas:
a. PayTech Limited (“PayTech”) provides the Merchant signing this Agreement with debit card facilities;
b. By agreement between PayTech and Everlink Payment Services Inc., (“Everlink”) Everlink processes the debit card transactions and in order for Everlink to process the debit card transactions it is a member of the Interac Association;
c. One of the requirements of that membership is that each Merchant (Card Acceptor) is required to provide certain undertakings for the preservation of the security of the Interac debit card facility, which are set out hereunder;
NOW THEREFORE in consideration of the premises and as a condition entitling the Card Acceptor to continue to offer the use of debit cards to its customers for payment of transactions at its premises, the undersigned Card Acceptor covenants and agrees as follows:
1. Definitions:
a. “Card” means the Interac card issued to the Cardholder by his/her financial institution;
b. “Card Acceptor” means the Merchant signing this Agreement;
c. “Cardholder” means a person holding an Interac card issued by that person’s financial institution, permitting that person to utilize Interac services to pay for his/her purchases from the Card Acceptor;
d. “IDP” means Interac Direct Payment;
e. “Interac” means Interac Association;
f. “PIN” means the Personal Identification Number of the cardholder;
g. “SPED Keypad” means the secure PIN entry device used by the Cardholder at the Card Acceptor’s premises to enter his/her PIN to authorize a transaction;
h. “Transaction” means a combination of related requests and response messages.
2. As a condition of PayTech and Everlink providing Interac services to the Card Acceptor (“CA”), the Card Acceptor agrees to the following:
a. The Card Acceptor will provide adequate protection against disclosure of a Cardholder’s PIN during its entry.
b. The Card Acceptor will locate its SPED Keypad so as to minimize the potentiality for disclosing the PIN of the Cardholder during the Cardholder’s entry of his/her PIN. Card Acceptor will not ask the Cardholder his/her PIN.
c. Where the Card Acceptor provides the SPED Keypad, the Card Acceptor agrees to provide Everlink with the information Everlink may require to complete Everlink’s security compliance certification program as required by Interac.
d. The Card Acceptor agrees to display the Interac Direct Payment symbol on its store front or alternative visible location and displayed no less prominently than any other signage for any other credit card or financial service trademark, unless the Card Acceptor, as a matter of policy, does not display any payment service trademarks.
e. The Card Acceptor will keep the Merchant’s copy of the transaction record issued for each transaction at least one calendar year from the transaction date.
f. The Card Acceptor will provide the Cardholder with a record of his/her financial transaction at the Cardholder’s IDP terminal.
g. Should the Card Accetor’s printer be out of service the Cardholder will be given the option of receiving an abbreviated transaction record, which may be as brief as a sales slip with notation by the sales staff that the payment was made using an Interac card and showing the Cardholder’s primary account number.
h. It will permit the Cardholder to retain his/her copy of the transaction record.
i. It will permit the SPED Keypads to be used only for Interac transactions and will ensure that they are not tampered with in any way.
j. It will not relocate the SPED Keypads without immediately advising Everlink and such change of location will not be made without Everlink’s knowledge and concurrence.
k. If the card is inadvertently left by a Cardholder with the Card Acceptor, the Card Acceptor will hold the card and dispose of it in accordance with the instructions of the financial institution issuing the card.
l. The Card Acceptor agrees not to charge the Cardholder a fee for a transaction.
m. The Card Acceptor will comply with any minimum transaction values which may be set by either Everlink or the financial institution issuing the Card (provided the Card Acceptor is aware of such minimum requirements).
n. The Card Acceptor will settle all claims and disputes about a transaction directly with the Cardholder.
o. Everlink will not be responsible for attending to or servicing any Cardholder queries, complaints and requests regarding goods and/or services purchased with the Card.
p. Everlink shall have the right, at any time, to gain access to the SPED and the terminal to verify the integrity of the software, firmware and hardware.
3. It is acknowledged by the CA that Everlink:
a. will not be liable for any direct, indirect or consequential damages incurred by the Card Acceptor that result from termination of this Interac service.
b. will not be liable for any direct, indirect or consequential damage incurred by the Card Acceptor which may arise if Everlink is ever, for any reason, unable to perform any part of the Interac service or if there are any errors in the performance of the Interac service outside Everlink’s reasonable control or that arise if the SPED devise fails to function or functions improperly.
c. will in no event, be responsible for the Card Acceptor’s acts or omissions or those of any employee of the Card Acceptor.
d. does not represent or warrant that the Interac service will be available to process transactions during specified times.
e. reserves the right to suspend or completely cancel all or any portion of the Interac service at any time without prior notice to the Card Acceptor.
4. Indemnification. The Card Acceptor agrees:
a. that is solely responsible for the accuracy and completeness of information furnished to Everlink and will indemnify and hold Everlink harmless from all loss or liability to which Everlink may be subjected in connection with any claim arising out of the inaccuracy or incompleteness of such information.
b. to indemnify and hold Everlink harmless from any claim by any Cardholder arising out of a transaction.
c. to indemnify and hold Everlink harmless and to reimburse Everlink for and in respect of any and all losses, claims, damages or injuries arising out of or as a result of any fraudulent, improper or illegal act or omission committed or occurring by or on behalf of the Card Acceptor, its employees, agents, officers, directors or customers or any person making use of any SPED Keypad located on the premises of the Card Acceptor and for which Everlink may become liable.
5. Termination:
a. In the event of termination of the Interac service, the Card Acceptor will return all equipment forms and other material, bearing Everlink’s or PayTech’s name or mark, the Interac name or logo, the Interac direct payment name or logo or any representations of these to Everlink without delay.
b. Following termination, the Card Acceptor agrees that it will not represent that it honors direct payment cards through Everlink’s services.