Annex N10 to Bank Service Agreement POS-Terminal Service

Transcription

1 1. For the purposes of this Annex the below definitions shall have the following meanings: 1.1. Authorization permit given by the Card issuer or/and Card payment system for performing Acquiring by the Card or its details Card payment card of Customer, by which payment is carried out with a Client Acquiring - making payment by Card via POS-Terminal, as well as making Internet-payment by the Card details on the basis of the Agreement, and performing corresponding settlement with the Client Combined Commission Fee - the commission fee envisaged in Application for POS Terminal service, which includes the Commission Fees of Acquiring which is performed by the Card and is paid once a month, only when the total Acquiring Commission Fees for the corresponding month does not exceed the amount stated in the Combined Commission Fee box Mobile POS-Terminal (mpos) - one of the POS-Terminal types, the so-called reader, which ensures the receipt of the Payment through the application loaded into a smartphone Card Payment Slip - document issued by the POS-Terminal verifying the payment of the cost of service/goods by the Customer to the Client Fixed Commission Fee - commission fee stipulated in the Application for POS Terminal service, which the Client pays the Bank once a month and which adds up to each Commission Fee of Acquiring carried out by the Card, which is stipulated by the Application. 2. Based on the POS-Terminal Service, the Bank provides the Client with the POS-Terminal by which the Customer may pay the cost of service/goods purchased from the Client by the Card. 3. The POS-Terminal may be handed over to the Client directly by the Bank as well as by the Third Party designated by the Bank. 4. In case of equipping the Client with Mobile Terminal, the Bank is authorized to provide the Client, alongside the so-called reader, with a smartphone with the corresponding application, SIM card and Internet. In such a case the reader and smartphone are considered jointly as the Mobile Terminal. 5. The Client shall: 5.1. Request performance of Acquiring only in the national currency Use advertising and informational materials (if any) received from the Bank only in accordance with the conditions agreed with the Bank Use the POS-Terminal and other items/documentation/information associated thereto only for the purposes of this Annex and prevent them from being lost/damaged In case of loss/damage of POS-Terminal, pay the Bank the Penalty in the amount of 300 (three hundred) GEL for Mobile Terminal (if Mobile Terminal contains the reader and smartphone together, the Penalty shall comprise 500 (five hundred) GEL, in case of loss/damage of only the smartphone that is inetgral part of Mobile Terminal the Penalty shall comprise 200 (two hundred) GEL), the Penalty in the amount of 1000 (one thousand) GEL for other POS-Terminal, within 10 (ten) Banking Days of the receipt of a corresponding request from the Bank In case of early termination or expiry of the term of this Annex, return the POS-Terminals to the Bank within 10 (ten) Banking Days after the date of early termination or expiry of the term of the Annex, whereas in case of failure to fulfill this requirement, pay the Bank the penalty for Mobile Terminal in the amount of 300 (three hundred) GEL (if Mobile Terminal contains reader and smartphone together, the Penalty shall comprise 500 (five hundred) GEL, in case of failure to return only the smartphone which is an integral part of Mobile Terminal the Penalty shall comprise 200 (two hundred) GEL), the Penalty for other POS-Terminal in the amount of 1000 (one thousand) GEL, within 10 (ten) Banking Days after the expiry of the term specified in this Paragraph In accordance with the note stipulated in the Application for POS-Terimal Service, unless otherwise specified in the Annex to POS-Terminal Service, observe one of the requirements set forth in this Paragraph (except in the case when the Application for POS-Terimal Service specifies that exclusive right has not been determined): Customer s signature / / 1 / 7

2 In order to protect the Bank s special and exclusive right, receive the service envisaged by this Annex only from the Bank, which, at the same time, excludes the use of similar service of other financial institutions or/and processing centers (Standard Escluxive); In order to protect the Bank s special and exclusive right, receive the service from the Bank envisaged only by the Annex, which at the same time excludes the use of similar service of Third Party. For the avoidance of doubt, the restriction stipulated in this Paragraph does not apply to those similar services with the Third Party, on which Client notifies Bank via written notice before conclusion of the given Annex and in case when the Client will receive via POS-Terminal of Third Party the Cards issued only by a relevant Third Party (Conditional Exclusive) The Client commits itself to perform Acquiring with the use of Cards falling within the Georgian Card system, only via POS-Terminals of the Bank (Partial Exclusive) Immediately (but not later than within 30 (thirty) Banking Days) notify the Bank of any defect/violation arising in respect of the Authorization When performing the Authorization, treat equally all types of the Card, which for the avoidance of any doubt implies that the Client will receive without limitation the Card of any type presented by the Customer Not make any statements, public appearances and hints as to any advantages of the Card of any type over the Card of different type Not to set any additional conditions and restrictions for the use of the Card of any type that are not applicable to the Cards of all other types Not to request from the Customer his/her personal details (phone number, address, etc.), as a prerequisite for the receipt of the Card, unless otherwise specified by the Annex Not to ask the Customer a copy of the Card and/or make the copy of the Card on its own Not to deny the Customer the Authorization except the cases caused by technical faults Not to divide the cost of service/goods on sale for the aim to prevent exceeding the limit determined by the Bank Keep the Card Slips and hand them over to the Bank in 2 (two) Banking Days after the Bank s written demand Not to rise the sales price of the service/goods because the Customer expresses desire to use the POS- Terminal as means of payment for the purchase of service/goods Upon the Bank s request, present the Bank with the information about its own bank accounts with any commercial bank (including the duly verified Bank statements). 6. The Bank shall be authorized: 6.1. Not to carry out the Acquiring in case the Client fails to meet an obligation assumed under the Agreement (including under this Annex) In case the Client fails to fulfill any of the obligations defined in this Annex, the Bank shall be authorized to impose on the Client a Penalty in the amount of 1000 (one thousand) GEL, unless otherwise specified in this Annex or/and by agreement of the Parties In case the Client fails to meet the obligation defined in Subparagraph 5.6 of this Annex, the Bank shall be authorized to impose on the Client a Penalty in the amount of 300 (three hundred) GEL per breach or/and increase the Commission Fee of each Acquiring performed by American Express card (if any) to 3.5% of the amount of Acquiring In case the Client fails to meet the obligation defined in Subparagraph 5.13 of this Annex, the Bank shall be authorized to impose on the Client a Penalty in the amount of 300 (three hundred) GEL per breach In case the Client fails to meet the obligation defined in Subparagraph 5.16 of this Annex, the Bank shall be authorized to impose on the Client a Penalty in the amount of 300 (three hundred) GEL per breach In case of early termination of this Annex by the Client (except for in the case envisaged in Paragraph 9 of this Annex), the Bank shall be authorized to impose on the Client a Penalty in the amount of 1000 (one thousand) GEL. Customer s signature / / 2 / 7

3 6.7. Not pay the Client the amounts, or deduct from the amount of the following settlement the amounts paid by the Bank to the Client s account earlier, which may become disputable by the rules of international payment systems or/and have already become disputable. The deduction may also be carried out if the Client has no sufficient funds by that moment and the debt arising in such case is fully payable by the Client. 7. As a result of Acquiring carried out by the Bank, a corresponding amount shall be reflected on the Client s Account within 5 (five) Banking Days after the relevant Acquiring. 8. In case the Client violates the obligation defined in Subparagraph 5.7 of this Annex, the Bank shall be released of any responsibility to the Client and shall not be bound to take any measure to eradicate the said defect/violation. 9. The Client shall be authorized to terminate this Annex not less than 30 (thirty) days prior written notice to the Bank, if the Bank violates an obligation under this Annex and the said violation is not eliminated within 30 (thirty) calendar days after the written notice of the Client. Client shall be authorized to demand from the Bank the termination of Bank Service specified in this Annex on the basis of application submitted 60 (sixty) calendar days in advance. 10. Upon the agreement of the Parties (on the basis of relevant application) several Clients may use the common POS-Terminal. In such a case the Bank shall issue a bank card - Express Business Card for Small Business for all Clients. Furthermore, within the use of a common POS-Terminal, each Client shall bear joint responsibility towards the Bank. 11. In order to activate the service Merchant Dashboard, the Customer shall apply to the Bank. 12. Activation of service Merchant Dashboard is possible on transactions carried out by POS-terminals fully, or on bounded POS-terminals defined prior by the Customer. 13. Authorization in module of service Merchant Dashboard will be carried out by Customer s name and one time password, which will be sent on phone number defined in Application by the Customer. The mentioned above is also the subject of easy authorization in Internet bank. One time password is mandatory to be changed while first authorization herein. In order to change password, code must be added, which will be sent on phone number defined in Application by the Customer. Instruction for servicing American Express Card and security mesures: 14. American Express Card has the following design: Front side of the Card features: Inscription American Express Logo of the system representing the head of centurion Inscription in the lower left corner - Valid Thru Banner in the lower right corner with the inscription Member Since The name of issuing bank on the right side of the head of centurion Embossed 15-digit Card number, divided in three groups, with the first group containing four digits, the second group six digits, the third group five digits. The first digit of the Card number is always The term of validity of the Card is indicated under the inscription Valid Thru Under the banner with the inscription Member Since the year is indicated since which a person holds the Card Four digits may be printed on the right side of the head of centurion, which represent a protective mechanism of the Card The rear side of the Card features: Logo American Express, which represents a blue square with the inscription American Express Magnetic stripe representing a hologram with the inscription American Express Signature band represented as something resembling fingerprints or plain triangle The issuing bank logo Card number is printed on the signature panel Three digits may also be printed on the signature panel, which represent a protective mechanism of the Card. Customer s signature / / 3 / 7

4 14.3. Client shall: In case any suspicion arises with regard to the Card or/and Card holder, demand the identity document from the holder of the Card. The name and surname indicated in the card shall coincide with the data in the presented document while the appearance of the holder shall match the photo in the document; otherwise the Card shall not be accepted for payment In case of Authorization of a transaction with the value exceeding 200 (two hundred) GEL, demand the identity document from the holder of the Card. The name and surname indicated in the Card shall coincide with the data in the presented document while the appearance of the holder shall match the photo in the document. It is obligatory to write with the pen the number of cardholder s identity document (passport), first four digits of the Card and the signature of the cashier of the Client on the rear side of the Card Payment Slip Filling in Card Payment Slip and performing Authorization: To perform Authorization, the Card shall be swiped in the POS-Terminal and the amount of Acquiring shall be entered by means of keyboard; after that a representative of the Client shall wait for the Authorization to be performed In case of a positive response, the POS-Terminal will print out the Card Payment Slip, which the Customer signs; in case of negative response, the screen of the POS-Terminal will display a corresponding notification. The above mentioned obligation to sign does not apply to settlements carried out by so-called chip Cards After the POS-Terminal prints out the Card Payment Slip, the Client shall verify that the number of the Card printed on the Card Payment Slip matches the number existing (embossed) on the Card (first 6 digits and last 4 digits). If the number embossed on the Card does not match the number on the Card Payment Slip, the Card shall not be accepted for payment and the Client must immediately contact the Bank and follow its further instructions After receiving the Authorization code, the Client shall have the Customer sign the Card Payment Slip in a special box. The signature made on the Card Payment Slip shall be identical to the pattern of signature of the Customer on the rear side of Card Cancellation of performed Acquiring: The most recent Acquiring performed by the POS-Terminal may be cancelled by the POS-Terminal (button CANCEL and then OK) Seizure of Card: On certain occasions the response to Authorization might be the order to seize the submitted Card. In such a case, the Client must notify the holder of the Card about that, keep the Card and advise the Customer to approach the bank having issued the Card. In such a case, the Client shall cut the Card with scissors along the entire length, up to the hologram placed above the number of the Card, but in such a way as to leave the hologram, the Card number and magnetic stripe undamaged, and shall fill in the act on the seizure of the Card The seized Card along with the filled in act shall be handed over to the issuing Bank within 3 (three) Banking Days after the seizure of the Card Grounds of seizure of Card are: Order from the Person performing Acquiring to seize the Card If the Card is not presented by its legitimate holder Illegal actions performed with the Card are: The use of the Card of the Third Party The use of Card Payment Slip obtained by fraud Falsification of Acquisition code Incorrect use of the Card by its legitimate holder When performing Authorization, the Client shall observe the following rules: Not to accept the Card for the purchase of lottery, playing in casino or/and making any other bets, unless the Bank decides otherwise. Customer s signature / / 4 / 7

5 To examine the term of validity of the Card To examine that the Card complies with given tax system standards and its effect is not limited to a single country (Valid only in -----) indicated in the Card To examine that the Card is not damaged To examine the availability of the pattern of signature of the holder on the Card To check that the signature on the Card Payment Slip is identical to the pattern of signature on the Card To ensure that when performing Authorization, the Card and the submitted document are in the place inaccessible for another Person (including the Client s other represenative) To ensure that the name, surname and personal number of the holder of the Card is written on the rear side of the Card Payment Slip In case a slight suspicion arises with regard to illegal ownership or counterfeiting of the Card, to immediately contact the Bank and follow its further instructions. Instruction for servicing Eurocard/Mastercard, VISA, Georgian Card, Diners Club და Discover cards and security mesures: 15. Eurocard/Mastercard card has the following design: Front side of the card features: Security hologram of the system, which represents two intersecting spheres of the globe. A logotype is placed under it Embossed (made in relief printing) 16-digit Card number in the middle of the Card, (four four-digit groups). The first digit of the Card number is always Four-digit identification number of the issuing bank is embossed under the Card number The term of validity of the Card embossed under the Card number. If the term of validity indicates only the year and the month, the Card is valid till the end of the month The sign is embossed next to the term of validity of the Card, which represents the unity of letters M and C The name and surname of the Card holder embossed under the term of validity of the Card Letters M and C in the lower left and right corners of the Card when exposed to ultraviolet rays The rear side of the Card features: Magnetic stripe in the upper section of the Card Signature band which contains the word Mastercard printed at 45-degree angel in three colors (red, blued and yellow), on which the holder of the card puts his/her signature when receiving the Card. The signature must be clear, made by a pen Mastercard logotype in the lower section of the Card. 16. VISA Card has the following design: Front side of the Card features: Security hologram of the system, which represents a pigon. The logotype of the system is placed under it Embossed (made in relief printing) 16-digit or 13-digit Card number in the middle of the Card, (four four-digit groups or in the following distribution 4, 3, 3, 3). The first digit of the Card number is always Four-digit identification number of the issuing bank above the Card number (it always matches the first four digits of the Card number) The term of validity of the Card embossed under the Card number. If the term of validity indicates only the year and the month, the Card is valid till the end of the month The sign V is embossed next to the term of validity of the Card, with one side of it being vertical and another at a 45-degree angle The name and surname of the Card holder embossed under the term of validity of the Card The image of pigeon in the center of the Card when exposed to ultraviolet rays The rear side of the Card features: Magnetic stripe in the upper section of the Card. Customer s signature / / 5 / 7

6 Signature strip which contains the word VISA printed at 45-degree angel in blue color, on which the holder of the Card puts his/her signature when receiving the Card. The signature must be clear, made by a pen VISA logotype in the lower section of the Card. 17. Georgian Card Card has the following design: Front side of the Card features: Embossed (made in relief printing) 16-digit Card number in the middle of the Card, (four four-digit groups). The first digit of the Card number is always The term of validity of the Card embossed under the Card number. If the term of validity indicates only the year and the month, the Card is valid till the end of the month The name and surname of the Card holder embossed under the term of validity of the Card Letters G and C in the center of the Card when exposed to ultraviolet rays The rear side of the Card features: Magnetic stripe in the upper section of the Card Signature band on which the holder of the Card puts his/her signature when receiving the Card. The signature must be clear, made by a pen Georgian Card logotype in the lower section of the Card Client shall: In case any suspicion arises with regard to the Card or/and Card holder, demand the identity document from the holder of the Card. The name and surname indicated in the Card shall coincide with the data of the presented document while the appearance of the holder shall match the photo in the document; otherwise the Card shall not be accepted for the payment In case of Authorization of transaction with the value exceeding 200 (two hundred) GEL, demand the identity document from the holder of the Card. The name and surname indicated in the Card shall coincide with the data in the presented document while the appearance of the holder shall match the photo in the document. It is obligatory to write with the pen the number of cardholder s identity card (passport), first four digits of the Card and the signature of the representative of the Client on the rear side of the card payment slip Filling in Card Payment Slip and performing Authorization: To perform Authorization, the Card shall be swiped in the POS-Terminal and the amount of Acquiring shall be entered by means of keyboard; after that a representative of the Client shall wait for the Authorization to be performed In case of a positive response, the POS-Terminal will print out the card payment slip, which the Client signs; in case of negative response, the screen of the POS-Terminal will display a corresponding notification. The above mentioned obligation to sign does not apply to settlements carried out by socalled chip Cards After the POS-Terminal prints out the Card Payment Slip, the Client shall verify that the number of the Card printed on the Card Payment Slip matches the number existing (embossed) on the Card (first 6 digits and last 4 digits). If the number embossed on the Card does not match the number on the Card Payment Slip, the Card shall not be accepted for payment and the Client must immediately contact the Bank and follow its further instructions After receiving the Authorization code, the Client shall have the Customer sign the card payment slip in a special box. The signature made on the card payment slip shall be identical to the pattern of signature of the Customer on the rear side of Card Cancellation of performed Acquiring: The most recent Acquiring performed by the POS-Terminal may be cancelled by the POS-Terminal (button CANCEL and then OK) Seizure of Card: On certain occasions the response to Authorization might be the order to seize the submitted Card. In such a case, the Client must notify the holder of the Card about that, keep the Card and advise the Customer s signature / / 6 / 7

7 Customer to approach the bank having issued the Card. In such a case, the Client shall cut the Card with scissors along the entire length, up to the hologram placed above the number of the Card, but in such a way as to leave the hologram, the Card number and magnetic stripe undamaged, and shall fill in the act on the seizure of the Card Grounds of seizure of Card are: Order of the person carrying out Acquiring to seize the Card If the Card is not presented by its legitimate holder Illegal actions performed with the Card are: The use of the Card of the Third Party The use of Card Payment slip obtained by fraud Falsification of Acquisition code Incorrect use of the Card by its legitimate holder When performing Authorization, the Client shall observe the following rules: Examine the term of validity of the Card Examine that the Card complies with given tax system standards and its effect is not limited to a single country (Valid only in -----) indicated in the Card Examine that the Card is not damaged Examine the availability of the pattern of signature of the holder on the Card Check that the signature on the Card Payment Slip is identical to the pattern of signature on the Card Ensure that when performing Authorization, the Card and the submitted document are in the place inaccessible for another Person (including other representatives of the Client) Ensure that the name, surname and personal number of the holder of the Card is written on the rear side of the Card Payment Slip In case a slight suspicion arises with regard to illegal ownership or counterfeiting of the Card, immediately contact the Bank and follow its further instructions Physical features of Diners Club and Discover cards are: Laser signature and Card holder s photo. Since these features are optional for Card holders, they may not be featured on all Cards Logo of Diners Club and Discover Card is a unique relief efature. It is engraved in the right lower part of the Card and is compulsory for all Cards. As it is engraved on the Card, it appears on every print of the Card Imprinted security code appears in the right side above the validity term of the Card. It identifies the series of a clean, i.e. non-personified Card the so-called clean card and is imprinted on every Card, at the time of actual issuance of clean card Logo of Diners Club and Discover Card is an ultraviolet symbol. It is featured on all Cards and can be seen by placing the Card under ultraviolet rays or black light (unseen rays), it is part of the Card. Signature of Parties Bank Customer / / / / Date: [day] [month] 20[ ] year Customer s signature / / 7 / 7