Terms on Card Payment Acceptance
Holvi Payment Services Ltd
Last Update: March 31, 2015
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These terms apply to payment services by means of card payment acceptance provided by Holvi Payment Services Ltd (“Holvi”) to its customers from time to time, including related operations of the customer’s Holvi payment account and execution of related payment transactions.
The customer shall accept these terms of service in connection with the registration to card not present acceptance payment acceptance within Holvi.com service and in addition to the Holvi Terms of Service. In case of conflict between this agreement and the Holvi Terms of Service, this agreement shall prevail.
Acceptance of these terms by the customer (“Sponsored Merchant”) shall constitute the agreement between the parties relating to the subject matter set out herein.
Acceptance of these terms by the customers shall constitute that the customer represents a bona fide business carrying on trade with a legitimate purpose.
2 Card not present acceptance service
By accepting this agreement the sponsored merchant shall be able to receive card payments via the card not present method.
The Sponsored Merchant Terms and Conditions will be presented for the availability of the Sponsored Merchant´s payers. The Sponsored Merchant is responsible to provide up to date terms according to its product or service, including contact details. In case that the Sponsored Merchant has Terms and Conditions of its own service published in a different location than Holvi, data shall be the same. In case of conflict between the Terms and Conditions the ones published in Holvi shall prevail.
Holvi reserves the right to conduct inspections or impose conditions to govern the Sponsored Merchant´s account, including establishing and/or asking for a reasonable reserve amount to cover future potential chargebacks and related fees or fines, limiting the right of the Sponsored Merchant to claim monies held for it from their Account, terminating the agreement and terminating the Service and setting off any outstanding balance on the Sponsored Merchant´s account against any claims that Holvi may have against the Sponsored Merchant.
Due to the card acceptance nature of the agreement the Sponsored Merchant acknowledges and agrees to comply as a Sponsored Merchant with all the applicable Rules and Regulations and which are publicly available or are provided to the Sponsored Merchant by Holvi. The Rules and Regulations are controlled, provided and distributed by the Card Networks.
In relation to the Rules and Regulations of the Card Networks:
- On an ongoing basis, the Sponsored Merchant is required to promptly provide Holvi with the current address of each of its offices, all “doing business as” (DBA) names -used and a complete description of goods sold and services provided.
- In the event of any inconsistency between any provision of this agreement and the Rules and Regulations, the Rules and Regulations will govern.
- Holvi is responsible for the card acceptance policies and procedures of the Sponsored Merchant, and may require any changes to the Sponsored Merchant’s website or otherwise that it deems necessary or appropriate to ensure that the Sponsored Merchant remains in compliance with the Rules and Regulations governing the use of the Card Networks trademarks. Sponsored Merchant agrees to comply.
- This agreement automatically and immediately terminates if the Card Networks unregister Holvi, if the Holvi’s Acquirer ceases to be a member of the Card Networks or have the appropriate licenses from the Card Networks.
- Holvi may, at its discretion or at the direction of its Acquirer or the Card Networks, immediately terminate the Sponsored Merchant agreement for activity deemed to be fraudulent or otherwise wrongful by Holvi, its Acquirer, or the Card Networks.
In addition, the Sponsored Merchant agrees, acknowledges and complies to the following:
- not to submit credit card transactions that have previously been declined through a different own or third party merchant account;
- to accept transactions to be audited to improve the payment processing experience, fraud prevention and the adequate risk management of the payments
- that credit card transactions declined by the Acquirer shall only be processed in accordance with the Rules and Regulations of the Card Networks, especially not being sold, purchased, provided, exchanged or made available to any other party than the Holvi’s Acquirer;
- that the Sponsored Merchant commits itself not to offer its customers the possibility to sign up simultaneously by a single transaction for various services and/or memberships rendered by the Sponsored Merchant and its affiliated or 3rd party companies (“cross-selling”) on the websites that process credit card transactions with the Acquirer according to this agreement;
- that the Sponsored Merchant shall provide Holvi with any requested information and documentation regarding its organisational structure and/or its affiliated companies. Holvi shall be entitled to suspend the rendering of the services if the Sponsored Merchant does not provide the requested information on the organisational structure or any other issue within a reasonable time;
- to comply with all applicable Rules and Regulations, as amended from time to time;
- that the Card Networks are the sole and exclusive owners of the Marks;
- not to contest the ownership of the Marks for any reason;
- the Card Networks may at any time, immediately and without advance notice, prohibit the Sponsored Merchant from using any of the Marks for any reason;
- the Card Networks have the right to enforce any provision of the Rules and Regulations and to prohibit the Sponsored Merchant from engaging in any conduct the Card Networks deem could injure or could create a risk of injury to the Card Networks, including injury to reputation, or that could adversely affect the integrity of the interchange system, the Card Networks’ confidential information as defined in the Rules and Regulations, or both;
- the Sponsored Merchant will not take any action that could interfere with or prevent the exercise of this right by the Card Networks; and
- that in the case of a penalty levied by the Card Networks to Holvi related to the Sponsored Merchant’s activities, the Sponsored Merchant shall indemnify Holvi.
Further information is available upon request to the Card Networks.
If the Sponsored Merchant’s annual card acceptance transaction volume on either MasterCard or VISA branded cards exceeds 100,000 USD or the equivalent in any other currency, the Sponsored Merchant authorises to enter into an high volume agreement that includes Holvi’s Acquirer as a party in order to continue accepting card not present payments. If the Sponsored Merchant cannot be accepted under such agreement, Holvi will not be able to accept further transactions in excess of the limit. In such case, Holvi may also be required to cease providing the service and terminate this agreement. The Sponsored Merchant shall immediately inform Holvi in case it expects the annual card transaction volume to exceed this limit.
Due to the lack of physical presence of the card or the cardholder, card not present payment acceptance involves a high risk of unauthorised use. The acceptance of such payments is economically tenable only if all possibilities of preventing unauthorised use are taken. In this regard the highest responsibility lies with the Sponsored Merchant, who has direct contact with the cardholder and can in each case decide whether, depending on the circumstances of the order being placed, it can accept payments using payment cards in card not present sales despite the risk of unauthorised use.
3 Acceptable use policies
The Acceptable Use Policy sets out the specific terms and restrictions relating to use of Holvi.com services. The general Acceptable Use Policy which applies to all Holvi services at any given time is available at www.holvi.com. The general Acceptable Use Policy is subject to change as described in the policy.
In addition, the subscription of card acceptance as a payment method entail the Sponsored Merchant accepting supplemental acceptable use policies as described below. The supplemental acceptable use policies may also be subject to change as described in the policy.
It is prohibited to use the Holvi service to:
- submit transactions arising out of its own services/sales of goods together with transactions of other providers;
- submit transactions not rendered in Sponsored Merchant’s ordinary course of business disclosed in the account opening;
- submit transactions not honoring the principle of “no surcharge”. Sponsored Merchant undertakes to offer to sell all goods and/or services offered to the respective cardholders for cashless payment for the same prices and upon the same terms as are applicable to customers wishing to use some other payment method. The Sponsored Merchant shall in particular not charge any additional costs or require any security and shall not put the cardholder in any worse position than other customers.
4 Execution of chargebacks
The Holvi Terms of Service set out the general terms and restrictions relating to the execution of chargebacks.
The Sponsored Merchant is responsible for responding to its own service support and for promptly responding to any disputes or other related requests in the same language of the payment page. The cardholder shall be able to access Sponsored Merchant service through Holvi in the same language of the payment page. In case of the Sponsored Merchant’s unresponsiveness in providing its own service support, Holvi may terminate this agreement.
Neither Holvi or the Sponsored Merchant shall require a cardholder to waive the right of dispute.
The Sponsored Merchant should follow the guidelines published by Holvi from time to time relating to customer support and dispute processes.
5 Termination of the agreement
The Holvi Terms of Service set out the Governing law and venue relating to termination of Holvi.com services.
The customer shall pay the fees and charges for the use of Holvi services according to the price list valid at the given time.
The price list in force at any given time is available on the Holvi website.
Holvi may amend the service price list at any time. The amendment shall be notified to the customer electronically.
The amendment enters into force on the date set out in the notice. Holvi is entitled to charge the fees and charges directly from the customer’s payment account. The customer is responsible that there are enough funds in the payment account for charging the fees.
7 Communication and language
The Holvi Terms of Service set out the communication and language relating to the use of Holvi.com services.
8 Governing law and venue
The Holvi Terms of Service set out the governing law and venue relating to the use of Holvi.com services.
Sponsored Merchant is a Holvi customer that has entered into a card acceptance agreement with Holvi to accept card payments in their online shop. Holvi performs all of the Sponsored Merchant’s payment related operations on its behalf. The Sponsored Merchant must meet all Card acceptance requirements in the Card Networks Rules and Regulations, with the single exception that it may have a contract with Holvi rather than with an acquirer.
Card Networks refer to MasterCard International Inc. and/or Visa Europe Services Inc.
Rules and Regulations are the Visa Europe Operating Regulations and/or the MasterCard Bylaws and Rules in their current version.
Acquirer is the financial institution that processes the card payments on behalf of Holvi.
Chargeback refers to the process of debiting a Sponsored Merchant’s account with the amount of a transaction that had previously been credited. The reasons for debiting can be that the transaction is disputed in any way (including in relation to the non-supply of the goods or services supplied or their failure to meet required standards), for any reason is reversed by the relevant card network, the acquirer, the cardholder or the card issuer, is not authorised or Holvi has a reason to believe that the transaction is not authorised, or is alleged to be illegal, questionable or in violation of the this agreement or the Rules and Regulations of the Card Networks. The Sponsored Merchant shall not resubmit or reprocess any payment transaction that has been the subject of a chargeback.