1. Overview and Compliance with Network Rules
(a) These terms govern the Card Payment product provided by Mint, subject to the terms of the Mint Commercial Proposal.
(b) In the event of any inconsistency between the terms of this Schedule 1 and the Mint Global Terms and Conditions, the provisions of this Schedule 1 relating to card payments will prevail, without affecting the validity of the remaining terms of the Agreement.
(c) When accepting payment card payments, you must comply with all Network Rules applicable to merchants and not engage in any Prohibited Activities, as outlined in Schedule 1.4.
(d) These Network Rules state that you may only accept payment using payment cards for bona fide legal commercial transactions between you and your Customers for goods or services that are free of liens, claims, and encumbrances (other than ordinary sales taxes). You may only use payment network trademarks or service marks consistent with the Network Rules, and the Network Rules also limit ability to discriminate by card type or impose surcharges for accepting payment cards.
(e) If you chose to impose a surcharge for accepting a given payment method, you are responsible for ensuring the surcharge is an amount that is in line with applicable Law for the jurisdiction you are processing the payment and in accordance with the Payment Service Terms If you impose an additional surcharge or offer a discount to Customers for using a particular payment card, you must advise Customers of this information before the start of the Transaction. You must provide a receipt to customers (at no additional charge) at the conclusion of the Transaction that includes all information required under the Payment Terms, Card Network Rules, and applicable Law. If you are notified that you must prepare a receipt, you must ensure the information contained in the receipt is: (i) identical with the information on any other copy; and (ii) legibly includes the information notified to you. You must provide Mint with the transaction receipt and any other required evidence of the transaction within seven (7) days if you are asked by Mint to provide it. If you wish to change your Internet or email address, or telephone number appearing on the transaction receipt, you must notify Mint in writing at least thirty days prior to the change taking effect.
(f) Surcharging may be prohibited for certain consumer cards in EU/UK and the merchant is solely responsible for compliance with law and scheme rules.
(g) The payment card networks may amend the Network Rules at any time without notice to you, and Mint reserves the right to change the Payment Services for payment card processing at any time to comply with the Network Rules. We may share the information you provide to us that we use to identify the nature of the products or services with Payment Service Providers, including assigning your business activities to a particular payment network merchant category code (MCC).
2. Transaction Practices and Requirements
(a) If you chose to impose a surcharge for accepting a given payment method, you are responsible for ensuring the surcharge is an amount that is in line with applicable Law for the jurisdiction you are processing the payment and in accordance with the Payment Service Terms If you impose an additional surcharge or offer a discount to Customers for using a particular payment card, you must advise Customers of this information before the start of the Transaction. You must provide a receipt to customers (at no additional charge) at the conclusion of the Transaction that includes all information required under the Payment Terms, Card Network Rules, and applicable Law. If you are notified that you must prepare a receipt, you must ensure the information contained in the receipt is: (i) identical with the information on any other copy; and (ii) legibly includes the information notified to you. You must provide Mint with the transaction receipt and any other required evidence of the transaction within seven (7) days if you are asked by Mint to provide it. If you wish to change your Internet or email address, or telephone number appearing on the transaction receipt, you must notify Mint in writing at least thirty days prior to the change taking effect.
(b) You must submit all card transactions for processing no later than three (3) days from the date of authorisation. You must maintain appropriate records of all card transactions for a period of at least five (5) years from the date of the Transaction.
3. Disputes and Risk Management
(a) Customers typically raise payment card network Disputes (i.e. chargebacks) when a merchant fails to provide the product or service to the Customer, or where the payment card account holder did not authorise the Charge. High chargeback rates may result in your inability to use the Payment Services. Failure to properly manage Disputes with your Customers may ultimately result in your inability to accept payment cards for your business.
4. Prohibited Activities
(a) When you accept payment card Transactions, Network Rules specifically prohibit you from:
I. providing cash refunds for a Charge on a credit card, unless required by Laws, or refunding Transactions to a Card which was not originally used to make the Transactions;
II. accepting cash, its equivalent, or any other item of value for a Refund;
III. acting as a payment intermediary or aggregator, or otherwise reselling Payment Services on behalf of others;
IV. submitting what you believe or know to be a fraudulent Charge;
V. using Payment Services in a manner that is an abuse of Payment Service Providers’ networks or a violation of Network Rules;
VI. impose any minimum or maximum Transaction values;
VII. split a Transaction into two or more Transactions;
VIII. accept Transactions relating to goods and/or services which fall outside the description of your business without Mint’s prior written approval;
IX. accept a Transaction or present Transaction Data for processing which was not undertaken directly between you and the Cardholder;
X. accept any Transaction using any Card issued in Mint’s or your name, or related to your Mint Merchant Account(s) or of a partner in, or director or other officer of Mint’s business or your business, or of the spouse or any member of the immediate family or household of any such person.
5. Tripartite Agreement
(a) If your volume on a particular payment network exceeds the applicable threshold amount set by the relevant Payment Service Provider, the Payment Service Provider may convert you to a direct merchant. As a direct merchant of the Payment Service Provider, you, the Payment Service Provider and Mint will enter into a tripartite agreement, which will govern your acceptance of payment cards on their network, and you and the Payment Service Provider must directly agree to your pricing and other fees payable for Transaction processing. Mint will continue to process your Transactions in accordance with this Agreement, except that Mint will incorporate the new pricing and fees into the applicable Mint fees.