Merchant Data

Location:

Ethiopia

Salary:

Working

Posted:

January 24, 2023

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Bidvest Merchant Services Proprietary Limited is a subsidiary of Bidvest Bank Limited (Reg No. 2000/006478/06) an authorised financial services and registered credit provider NCRCP17. 28/06/2021 1 Merchant Acquiring Services

Terms and Conditions

Notice of Use of Information

This Notice explains how Bidvest Merchant Services and Bidvest Bank may use information provided by you.

Reference in these Terms and Conditions to “Bidvest Merchant Services” is a trading name of and refers to Bidvest Merchant Services (Pty) Ltd, and reference to “Bidvest Merchant Services Group” means Bidvest Merchant Services (Pty) Ltd, its holding company, and its subsidiaries, and its holding company’s subsidiaries, and their associated companies from time to time.

Reference in these Terms and Conditions to “Bidvest Bank” means Bidvest Bank Limited, a licensed financial services and registered credit provider, number NCRCP17, and its subsidiaries. Reference to “The Bidvest Group” means each of its holding companies, and its subsidiaries, and its holding company’s subsidiaries, and their associated companies from time to time.

For the purposes of the above “subsidiary” and “holding company” shall have the meanings given to them in the Companies Act, 2008 (as amended or superseded from time to time) including any subsidiary acquired after the date of this Agreement, and “affiliate” shall mean, when used with reference to a specific person or entity, any person or entity that directly or indirectly, or through one or more intermediaries, owns or controls, is owned or controlled by, or is under common ownership or common control with, such specified person or entity. As used herein “ownership” means (i) the legal or beneficial ownership of 40% or more of the equity securities of the person or entity, or; (ii) the right directly or indirectly, through one or more intermediaries, to appoint a majority of the board of directors of any such person or entity.

Bidvest Merchant Services is a wholly-owned subsidiary of Bidvest Bank Limited. The information provided by you to Bidvest Merchant Services and Bidvest Bank may be shared within the Bidvest Merchant Services Group and The Bidvest Group. The information may be disclosed outside the Bidvest Merchant Services Group and The Bidvest Group in accordance with these Terms and Conditions, and with Bidvest Merchant Services third-party processor.

The information that you provide to Bidvest Merchant Services or Bidvest Bank will be held by Bidvest Merchant Services or Bidvest Bank on a computer database and may be held in any other way. We will use this information to administer the products and services we supply to you and any future agreements we may have with you or may wish to have with you. You have the right of access to any personal data provided by you to Bidvest Merchant Services or Bidvest Bank and held by Bidvest Merchant Services or Bidvest Bank by sending a written request to Bidvest Merchant Services’ current registered office or Bidvest Bank’s physical address with payment of a fee (please contact Bidvest Merchant Services or Bidvest Bank for the current fee payable). Please note that there is no fee required in relation to receiving confirmation from us as to whether we hold personal data about you. You also have the right to require us to correct any inaccuracies in the information we hold about you.

Where you apply for finance or enter into a financial obligation, Bidvest Merchant Services and Bidvest Bank may give details of your agreement(s)/account(s) and how you conduct your agreement(s)/account(s), to other financial institutions and to licensed credit reference agencies on a regular basis and may exchange information about you between Bidvest Bank and Bidvest Merchant Services and with certain members of the Bidvest Merchant Services Group and The Bidvest Group. Licensed credit reference agencies may record details of each type of search we make whether or not your application proceeds.

This information would be shared in order to prevent credit losses and potential fraudulent applications and transactions.

When considering a request, proposal, application; or when administering your agreement(s), managing your account(s) or making decisions regarding credit, including whether to make credit available or to continue or to extend existing credit, Bidvest Merchant Services and Bidvest Bank may carry out searches (for the purpose of verifying your identity) and credit searches with one or more licensed credit reference agencies. Bidvest Merchant Services and Bidvest Bank may use credit scoring and other automated decision-making systems. To prevent or detect fraud, Bidvest Merchant Services and Bidvest Bank may make searches of your records. Bidvest Merchant Services and Bidvest Bank may also pass information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you give us false or inaccurate information and we suspect fraud, we will record this without any liability to us.

You have the right of access to the personal data held about you by licensed credit reference agencies. Please write to Bidvest Merchant Services if you would like to know the names of the agencies used by us.

Further details of how Bidvest Merchant Services and Bidvest Bank use information about you is set out in Section F of these Terms and Conditions. Notes

The Agreement for the provision of the Services to you is entered into by Bidvest Bank, Bidvest Merchant Services and the Merchant. Bidvest Bank is a party to the Agreement in compliance with the Scheme Rules. The Services are performed by Bidvest Merchant Solutions to the maximum extent permitted by law and by the Scheme Rules.

These Terms and Conditions have been drafted on the basis that the Agreement between Bidvest Bank, Bidvest Merchant Services and you will comprise these Terms and Conditions, the Operating Guide, the Merchant Application (where relevant), the Supporting Information Form (where relevant) and the Website Page (where relevant) and any other documents as the parties may from time to time agree to. The above referenced documents are (where relevant), incorporated into and form the Agreement, which sets out the terms upon which you will receive the Services. The completion and delivery to Bidvest Merchant Services by you of a Merchant Application and the processing of a Transaction accepted by you, shall constitute acceptance of, and your agreement to be bound by, the Agreement.

You consent to Bidvest Bank Ltd processing your personal information for the following purposes:

Please refer to Bidvest Bank’s Privacy Notice for further information on how the Bank will treat your personal information. Visit the website on: www.bidvestbank.co.za

Your personal information will be processed outside of South Africa but all service providers are required to have adequate safeguards in place to protect your personal information.

We may monitor or record telephone conversations with you to aid us in then provision of services in terms of this Agreement and to detect or prevent fraud or other crimes.

If you decide to continue to utilise the Services pursuant to the Agreement, you accept the use by Bidvest Merchant Services and Bidvest Bank of your data as indicated above.

Market research and statistical analysis.

Sharing with service providers we engage to process information on our behalf.

To protect your, our or another’s legitimate interests. Definitions and Interpretations

Capitalised words have the meaning given to them in Part 9 (Terms Used) of these Terms and Conditions.

If there are any inconsistencies between these Terms and Conditions and the Operating Guide, these Terms and Conditions will prevail. Services

Bidvest Merchant Services will, to the maximum extent permitted by law, and the Scheme Rules, provide the Services to you.

Bidvest Bank is the member of the Schemes, and sponsors Bidvest Merchant Services to enable Bidvest Merchant Services to provide the Services to you. Honouring of Cards

You agree, in consideration of receiving from Bidvest Bank the right to participate in the Schemes, to accept all valid and current Cards presented by Cardholders, and to provide your full range of goods and services at prices not greater than your normal cash prices.

If you indicate a price to a Cardholder which is not a price applicable to all methods of payment accepted by you, then before you accept the Transaction you 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. The statement must be displayed at each public entrance to your premises and (except for Card Not Present Transactions) at each Point of Sale. Statements in respect of Card Not Present Transactions must be made in accordance with the Operating Guide. 1.

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Section A - General Terms and Conditions

Authorisation

If a Cardholder wishes to purchase goods or services from you, the cost of which is equal to or more than the relevant Floor Limit for the Card concerned, you must obtain prior Authorisation for such Transaction before you can accept it from that Cardholder. The Floor Limit for all Transactions is to be zero, and Bidvest Merchant Services may vary the Floor Limit at any time and by such means and on such notice as it deems fit.

You must seek Authorisation from the Authorisation Centre at the time of, or prior to, accepting each Transaction by following the procedures set out in the Operating Guide, or as Bidvest Merchant Services may otherwise instruct you. Authorisation does not guarantee payment for a Transaction. 4.

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All Transactions accepted by you must be in Rand unless Bidvest Merchant Services has given prior consent in writing that payment in other currencies may be accepted.

If you have been authorised to undertake Transactions, you are automatically authorised to provide Refunds of such Transactions. You must not Refund Transactions to a Card which was not originally used to make such Transactions, and you must not, under any circumstances, accept money from a Cardholder in connection with processing a Refund to the Cardholder’s Account. No cash is to be given as a Refund if the Transaction was performed with a Card. A Refund must be processed to the Card Nominated Bank Account. You must evidence the presence of the Card tendered for each Transaction

(except for Mail/Telephone Transactions and Electronic Commerce Transactions), either by Chip read or Card swipe through an electronic Terminal.

You must not:

If you use a wireless Terminal, you agree to the additional requirements in Part 3 of these Terms and Conditions.

The appointment by you of a Payment Service Provider, or other form of intermediary, to process Transactions on your behalf is subject to the prior written approval of Bidvest Merchant Services.

You agree to operate and to comply with the Scheme Rules, and to process Transactions as required in, and in accordance with, the Agreement. 5.

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undertake Transactions for anything other than the genuine purchase of goods or services that you supply;

impose any minimum or maximum Transaction values;

discriminate against the use of Cards in any way;

split a Transaction into two or more Transactions; accept Transactions relating to goods or services which fall outside the description of your Business without the prior written approval of Bidvest Merchant Services;

accept a Transaction or present Transaction Data for processing which was not undertaken directly between you and the Cardholder; process Transactions on behalf of a third party without the prior written consent of Bidvest Merchant Services;

accept Transactions relating to goods or services for which the Point of Sale is outside South Africa, unless Bidvest Merchant Services gives you prior written consent;

accept or process Transactions in order to give Cardholders cash; or accept any Transaction using any Card issued in your name, or on the Nominated Bank Account or of a partner in, or director or other officer of your Business, or of the spouse or any member of the immediate family or household.

Processing Limits

Bidvest Merchant Services may, at its discretion, impose a limit on the total value of Transactions it processes for you over a given period of time. The Merchant Application Form indicates the annual value of Transactions that you anticipate you will require Bidvest Merchant Services to process on your behalf. The limit may be amended from time to time, and, if you exceed an established limit, processing may be suspended/or funds held in a Reserve Account until a new limit is agreed.

Mail/Telephone Transactions & E-Commerce Transactions Mail/Telephone Transactions or Electronic Commerce Transactions should not be undertaken by you unless you have the prior agreement in writing of Bidvest Merchant Services, and then only in accordance with the Operating Guide and any requirements notified to you by Bidvest Merchant Services from time to time. Part 4 or 5 of these Terms and Conditions (as appropriate), will apply and bind you in respect of any Mail/Telephone Transactions or Electronic Commerce Transactions processed for you by Bidvest Merchant Services (appropriate), will also apply and bind you in respect of any Mail/ Telephone Transactions or Electronic Commerce Transactions processed for you by us.

Undertaking Mail/Telephone Transactions and/or Electronic Commerce Transactions will be solely at your risk. Even if an Authorisation Code has been given in respect of a Transaction, Bidvest Merchant Services gives you no assurance that any Mail/Telephone Transactions and/or Electronic Commerce Transaction will be honoured or will not be charged back and debited to your account. Authorisation does not guarantee payment for a Transaction. 7.

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7.3 Bidvest Merchant Services may immediately, on giving you notice, withdraw its permission for you to accept or process Mail/Telephone Transactions and/or Electronic Commerce Transactions where there are, in its sole opinion, unacceptable levels of Cardholder disputes resulting from Mail/ Telephone Transactions and/or Electronic Commerce Transactions which you have accepted and/or Transactions which you have accepted and which subsequently turn out to be fraudulent.

Special Transaction

For each Recurring Transaction, you are required to obtain a prior written request from the Cardholder for the goods or services to be charged to their account. The request must be dated and signed by the relevant Cardholder and must state the amount and frequency of the recurring charge to be made against that Cardholder, and the duration of time during which the charges comprising that Recurring Transaction can be made. You agree that you will not complete any Recurring Transaction after receiving:

You accept Recurring Transactions at your own risk. Any Recurring Transaction accepted by you which is in breach of this Section 8 or the Operating Guide, or such other requirements as Bidvest Merchant Services may notify you of from time to time, and which is disputed by the Cardholder and/or Card Issuer, may be charged back to you.

You agree not to accept any Transactions representing a deposit, partial payment or payment in respect of a future delivery of goods or services unless this is expressly permitted on the Merchant Application Form signed by you, or has been agreed to by Bidvest Merchant Services in writing, otherwise your acceptance of such a Transaction shall constitute a breach of the Agreement and either Bidvest Bank or Bidvest Merchant Services may terminate the Agreement immediately.

In relation to Recurring Transactions, you will in addition to getting Authorisation:

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Cancellation from the Cardholder;

Notice from Bidvest Merchant Services that you may no longer process Recurring Transactions; or

Advice that the Card is not to be honoured.

process Transaction Data in a form Bidvest Merchant Services approves in accordance with the Cardholder’s written request and provided that notice of cancellation has not been given by the Cardholder; and notify the Cardholder of the amount of any Recurring Transaction or the date on which the Recurring Transaction will take place if such amount or date is different from that specified in the Cardholder’s written request, not less than fourteen (14) days prior to presentation to Bidvest Merchant Services of the Transaction Data. Security

Before completing any Transaction, you are required to comply with all security procedures that Bidvest Merchant Services requires you to comply with from time to time, and to attempt, by reasonable, discreet and peaceful means, to retain a Card if so requested by it or the Authorisation Centre. You agree to retain all Transaction details and Data in the strictest confidence, and in a secure environment where it can only be accessed by authorised members of your staff, and to ensure that any such details stored electronically are fully protected. You will take all reasonable precautions to ensure that Cardholder Information is not misused or disclosed to any person, other than Bidvest Merchant Services.

You may not retain or store magnetic stripe or CVV2/CVC2 data after Authorisation for a Transaction has been received. If you operate a Wireless, Local Area Network (LAN) you must also meet and accept the criteria in Part 3 of these Terms and Conditions which you hereby agree to be bound by.

You agree to comply with the Payment Card Industry (PCI) Data Security Standards, Visa Account Information Security Programme and the MasterCard Site Data Protection Programme, and any changes to those programmes and standards which may occur. Bidvest Merchant Services will provide you with details of such data standards and programmes on written request. You will be liable for and hereby agree to indemnify Bidvest Merchant Services and Bidvest Bank on a full and continuing basis, against all claims, damages, demands, losses, costs and expenses, fines, penalties or liability, including Scheme fines for non-compliance, resulting from any loss of Cardholder’s Information or Data, or a violation by you, or your employees, officers, agents or subcontractors of any of the standards or programme requirements referenced in Section 9(e). You will also confirm to Bidvest Merchant Services in writing that all third parties that store, transmit or process Transactions on your behalf are fully compliant with the standards and programmes referenced in Section 9(e).

Since the documents constituting the Agreement contain certain information designed to help you reduce the risk of fraud arising on Transactions, you must treat such documentation as confidential and keep it secure and if possible not disclose it to the general public.

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If Authorisation is granted, you shall (where relevant) record on the Transaction Record the code number allocated to the Authorisation. If the Transaction so authorised is not forthwith concluded, you must immediately contact the Authorisation Centre to cancel/reverse the Authorisation, except if otherwise provided in the Operating Guide.

If Authorisation is refused, the Transaction must not proceed and you must not seek Authorisation for any different amount.

Should a Cardholder deny having authorised or participated in a Transaction, Bidvest Merchant Services may, at its discretion, withhold or return Transactions as unpaid. Authorisation is not a guarantee of payment, particularly where the Cardholder or the Card are not present. Continue on next page...

You may present Transactions to Bidvest Merchant Services for Authorisation and Settlement by way of electronic transfer (or other media as may be agreed in writing). Transactions are to be presented to Bidvest Merchant Services within three (3) Banking Days of a Card being accepted as a means of payment or Refund. Bidvest Merchant Services will endeavour to settle Transactions within two (2) Banking Days of their receipt by it, unless Bidvest Merchant Services has informed you otherwise. Authorisation does not guarantee payment for a Transaction - it merely verifies that there is available credit on the Card, and that the Card has not been reported lost or stolen at the time of the Authorisation.

The Transaction Data requirements are set by the Schemes and will be advised to you from time to time. Changes to such Transaction Data advised to you must be implemented by you within the required timescale as detailed with such notification(s).

You must not present, or allow anyone else to present, to Bidvest Merchant Services more than one set of Transaction Data for each Transaction. If Transactions are not presented directly by you to Bidvest Merchant Services, any third party used to manage or send Transactions to Bidvest Merchant Services on your behalf must be approved in writing by Bidvest Merchant Services to handle Transactions before they may do so. 10.

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Providing Information

Upon request, you will provide Bidvest Merchant Services or Bidvest Bank, or their agents, copies of interim and annual audited financial statements

(including management accounts), and other required documentation or information concerning your Business.

Upon request, you shall provide Bidvest Merchant Services or its representatives, reasonable access to your facilities for the purpose of performing an inspection of your books, records and/or systems, and to take copies of such books and records as Bidvest Merchant Services require. You must retain in a secure place legible copies of all Transaction Records and receipts, vouchers, Terminal tally rolls, invoices, receipts or equivalent documents relating to each Transaction. All the above-mentioned documents must be kept by you in a safe, secure and confidential manner for at least two

(2) years from the date of the relevant Transaction (or in the case of Recurring Transactions, at least two (2) years from the date of the last Transaction forming part of the Recurring Transaction).

After twelve (12) months from the date of a Transaction you may, subject to the prior written approval of Bidvest Merchant Services, transfer all the information referenced in Section 11(c) to fully legible microfiche or processed images. The microfiche or processed images must then be securely stored and kept confidential by you for the remainder of the two (2) years. Bidvest Merchant Services shall be entitled, at any time, and from time to time, up to two (2) years after the Transaction date, to request from you, and you must provide us, within the timeframe stated, and at no charge, with evidence acceptable to Bidvest Merchant Services of any Transaction(s) including (without limit) the documents listed above, and any other evidence of the Cardholder’s authority to debit their account with the amount of the Transaction. Failure to do so within the specified timescales may result in a Chargeback.

You are responsible for ensuring that all Transaction Data which you retain or submit to Bidvest Merchant Services is correct, complete, and not lost or damaged, and that all Transaction Data is confidentially and securely held in accordance with this Section 11 and the Operating Guide and can be reconstituted, in a complete and easily readable form. Neither Bidvest Merchant Services nor Bidvest Bank will in any circumstances (other than if due to our gross negligence) be liable in respect of the face-value of any Transaction Data, or the costs of reconstituting such data, or for any other loss or damage arising from any loss of Transaction Data. If any loss or damage to the physical medium containing any Transaction Data occurs and is agreed, or shown to be due to our gross negligence, Bidvest Merchant Services will reimburse you the replacement value of the lost or damaged medium. Credits and Debits to your Bank Account

You must at all times during the period that Bidvest Merchant Services processes Transactions for you, maintain a Nominated Bank Account, acceptable to Bidvest Merchant Services, in Rand, for the purpose of enabling it to credit payments due to you, and to debit any sums payable by you to it. If you require more than one such account, Bidvest Merchant Services’ prior agreement in writing must be given.

You will maintain with your bank an instruction to pay on presentation all requests for payment of a debit initiated by Bidvest Merchant Services in respect of amounts due by you to it, even after the Agreement has ended for any reason.

If you intend to change your Nominated Bank Account you must notify Bidvest Merchant Services first and then provide Bidvest Merchant Services with all such documentation as Bidvest Merchant Services may reasonably request. In addition, you shall initiate a new payment instruction in relation to your new Nominated Bank Account on the terms contained in the Agreement. The Account Set-Up Fee is payable by you to Bidvest Merchant Services immediately upon its agreement to process Transactions for you. Subsequent Debits will not be presented by Bidvest Merchant Services to your Nominated Bank Account until at least fourteen (14) days after your Statement date. This may result in the Nominated Bank Account being debited prior to your receipt of the Statement in accordance with Scheme Rules on Debits. 11.

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Payment by Bidvest Merchant Services

Subject to Sections 13(b) and 26(h) hereof, Bidvest Merchant Services will pay to you all sums due and recorded as Transaction Data (less the amount of any sums payable by you under Section 18) submitted in accordance with the Agreement by crediting your Nominated Bank Account. Bidvest Merchant Services may, with or without notice, change processing or payment terms and suspend credits or other payments of any and all funds, money and amounts now due or which subsequently become due to you pursuant to the Agreement if in good faith it suspects that any Transaction is fraudulent or involves other criminal activity, or that the Transaction was not in the ordinary course of your Business, or if the number or size of the Transaction(s) is significantly greater than expected, or if any of the Termination Events have occurred or if it suspects that any such Termination Event has, or is likely to occur (whether or not Bidvest Merchant Services or Bidvest Bank has terminated the Agreement). All payments so suspended may be retained by Bidvest Merchant Services until it has 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.

Neither Bidvest Merchant Services nor Bidvest Bank will be liable for any delays in receipt of funds or errors in debit and credit entries caused by third parties, including, but not limited to, any Scheme or your financial institution. 13.

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Invalid Card Transactions/Chargebacks

Card Issuers have a broad range of rights entitling them to refuse to settle a Transaction or to undertake the Chargeback of a Transaction undertaken and processed by you and presented to them by Bidvest Merchant Services. If a Card Issuer exercises its rights not to settle or to undertake a Chargeback, Bidvest Merchant Services will immediately, and without notice, be entitled, and you will allow Bidvest Merchant Services, to debit your Nominated Bank Account, or to recover from you by any other means, the amount paid by Bidvest Merchant Services to you in respect of that Transaction. Bidvest Merchant Services’ right to do this will not be affected by any arrangement between you and the Cardholder.

Neither Bidvest Merchant Services nor Bidvest Bank is under any obligation to notify you of any defect in any Transaction Data, or other liability to Chargeback except where a Chargeback is in fact made; or to procure, or assist you in procuring, payment from a Cardholder where the relevant Transaction has been charged back.

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Promotion

You are required to comply with all instructions given by Bidvest Merchant Services as to the adequate and correct display of promotional signs or other material provided by it to indicate that Cards issued under the Schemes are accepted as a means of payment. You shall not use any other material associated with the Schemes without Bidvest Merchant Services’ prior written approval.

15.

Terminals and Equipment

In circumstances where you have agreed that Bidvest Merchant Services shall supply, or cause to be supplied, to you Terminals and associated Equipment, the delivery and use of such Terminals will be governed by the provisions of Section 16 and the relevant Leasing Agreement. For the avoidance of doubt the provisions of this Section 16 shall not apply in relation to Terminals provided pursuant to an agreement entered into with a third party supplier. You shall use only the Terminals, associated Equipment and

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