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MYOB Solo Payment Channel Terms and Conditions

Solo by MYOB Payment Channel Terms and Conditions.

Payment Channel Terms

Visa/MasterCard Payment Channel Terms

These Visa/MasterCard Payment Channel Terms apply to all users of the MYOB Tap to Pay Service who have been approved to accept Visa and MasterCard transactions. A third party Acquirer acquires the transactions that you submit and are processed through the Visa/MasterCard Payment Channel, and these Visa/MasterCard Payment Channel Terms govern the legal relationship between you, MYOB and the Acquirer in respect of the Visa/MasterCard Payment Channel. These Visa/MasterCard Payment Channel Terms take effect as a tripartite agreement between:

  • you, the merchant;

  • the Acquirer; and

  • MYOB.

1. Definitions

Unless the contrary intention appears, the following words have these meanings in these Visa/MasterCard Payment Channel Terms. Any capitalised terms used in these Visa/MasterCard Payment Channel Terms that are not defined in this Clause 1 have the meanings given in the Glossary in Section 18 of the General Terms.

  • Acquirer means Stripe Payments Australia Pty Ltd (ABN 66 160 180 343), or such other entity as notified by Us to You.

  • Banking Day means a day on which banks are open for general banking business in Melbourne, Australia except for Saturdays, Sundays and National Public Holidays in Australia.

  • Card means a card that has been designated by the issuer as a Visa or MasterCard card or a card issued by any other card scheme which You have agreed to accept and We have agreed to process.

  • Card Schemes means, unless otherwise agreed by the parties, Visa and MasterCard.

  • Card Scheme Rules means the rules and regulations which regulate participants in the Card Schemes.

  • Cardholder means the Person in whose name the Card has been issued.

  • Chargeback is the reversal of a card transaction that has been initiated by the card issuing bank (on behalf of the card-holder as a result of a dispute or suspected fraud).

  • Data Breach means any occurrence which results in the unauthorised access by a 3rd party to confidential data relating to card transactions stored by Your business or any entity engaged by You to provide storage or transmission services in respect of that data.

  • Data Security Standards means the Payment Card Industry Data Security Standards (“PCIDSS”) mandated by the Card Schemes for the protection of Cardholder details and transaction information, and any additional or replacement standards of which You are advised from time to time.

  • MYOB refers to MYOB Australia Pty Ltd (ABN 13 086 760 198) of Level 3, 168 Cremorne Street, Victoria, 3121.

  • Person includes an individual, firm, body corporate, unincorporated body or association, partnership, joint venture and any government agency or authority.

  • PIN means the personal identification number allocated by the Acquirer, a card issuer or personally selected by the account holder.

  • Related Body Corporate has the meaning given to it in the Corporations Act, 2001 (Cth).

  • Relevant Law means any:

a. statute, ordinance, code or other law including regulations and other instruments under them that are relevant to the obligations and rights of these Visa/MasterCard Payment Channel Terms; and

b. any code of practice, guidelines or standards issued by relevant regulators or industry bodies, including any card scheme rules relevant to these Visa/MasterCard Payment Channel Terms.

  • Transaction Receipt means a document used to evidence a transaction.

  • We, Us and Our means, collectively, the Acquirer and MYOB.

  • You and Your means the Person to whom the Visa/MasterCard Payment Channel is provided by Us.

2. Approval to use the Visa/MasterCard Payment Channel

2.1. You acknowledge that:

a. the operation of these Visa/MasterCard Payment Channel Terms is conditional on the Acquirer approving an application for MYOB to provide the Visa/MasterCard Payment Channel to You;

b. in relation to information provided by You to MYOB in connection with Your application:

i. MYOB may provide that information to the Acquirer;

ii. We may rely on such information as being complete, accurate and not misleading or deceptive; and

iii. the Acquirer is not obliged to verify the completeness or accuracy of the information it receives from MYOB .

c. We may obtain from any Card Scheme or a person who is involved in any Card Scheme, any credit reporting agency or any other person, information about Your merchant history or Personal Information about You, a Related Body Corporate, Your officers, employees or agents for any purpose relating to the operation of those Card Schemes and We can use any such information to assess an application under Clause 2.1.a.;

d. We can disclose information about Your merchant history, a data breach and relevant Personal Information in the following circumstances:

i. to any Card Scheme or to any person who is involved in any Card Scheme, information about You for any purpose related to the operation of those schemes, card fraud detection agencies (including information about termination of merchant solutions and reason(s) for termination of the Acquirer merchant solutions;

ii. where the law requires or permits Us to do so; and

iii. where We have reasonable grounds to believe that either You are involved in dishonest or criminal activity, are a victim of such activity, may have information relevant to an inquiry into such activity or have experienced a data breach, to any state or federal law enforcement or regulatory agency whether or not We have been requested by that agency to provide such information;

e. We can disclose Your information to any related entities of Ours and to any outsourced service providers engaged by Us (for example, mail houses, debt collection agencies (where necessary) or data analytics providers);

f. the decision whether to approve Your application is at the Acquirer’s sole discretion and the reason for any decision which is made may not be given to MYOB or You. If MYOB is given reasons, it will give You those reasons where practicable and permissible to do so (but this may not apply in all circumstances);

g. an approval by the Acquirer is specific to MYOB providing payment services to You and does not in any way constitute a representation by the Acquirer that You will able to use the services of another payment service provider or of the Acquirer directly should You cease using MYOB’s payment services for any reason;

h. any information obtained by the Acquirer during its assessment of an application under Clause 2.a. is and remains confidential to the Acquirer and will not be shared with You. The Acquirer is bound by Card Scheme Rules and all correspondence and discussions between Card Schemes and the Acquirer are confidential as between the Acquirer and the Card Schemes; and

i. as part of Your ongoing use of the Visa/MasterCard Payment Channel, We will receive Card details of Your customers.

2.2. You represent and warrant that:

a. any information You provide to MYOB in connection with an application for MYOB to provide the Services is complete, accurate and not misleading or deceptive; and

b. if You have disclosed Personal Information to MYOB in connection with the application under Clause 2.1.a., You have obtained the relevant individual’s prior consent to the disclosure and otherwise complied with Your obligations under Privacy Law; and

c. You are able to satisfy Your obligations and responsibilities under these Visa/MasterCard Payment Channel Terms.

2.3. You acknowledge and agree that:

a. MYOB and the Acquirer are authorised to obtain from 3rd parties financial and credit information relating to You in connection with Our decision to approve Your application and in respect of Our continuing evaluation of Your financial and credit worthiness; and

b. any information collected by MYOB may be disclosed by MYOB to the Acquirer.

2.4. The Parties agree that no Party is or will be bound by these Visa/MasterCard Payment Channel Terms unless and until the Acquirer has confirmed its approval for MYOB to provide the Visa/MasterCard Payment Channel to You.

3. Your obligations

3.1. You:

a. must immediately notify MYOB of any change to Your financial position which may affect Your ability to perform Your obligations under these Visa/ MasterCard Payment Channel Terms; and

b. must provide MYOB with prior written notice of any change in Your place of business and not carry on business in a place which has not been approved by MYOB and must not move Your place of business without Our prior written consent. Our consent (which shall not be unreasonably withheld) is required in order to ensure that MYOB can provide its Tap to Pay Service in compliance with MYOB’s obligations under third party agreements, including relevant credit card scheme rules and regulations; and

c. must not change Your business name or ownership of Your business without giving MYOB prior notice and not substantially change the type of goods and services You sell without Our prior written consent. Our consent (which shall not be unreasonably withheld) is required in order to ensure that MYOB can provide its Tap to Pay Service in compliance with MYOB’s obligations under third party agreements, including relevant credit card scheme rules and regulations; and

d. only submit a sales transaction where You are the supplier of the goods and/or services; and

e. not submit transactions on behalf of a 3rd party. For the avoidance of doubt, this includes submitting transactions for goods or services sold on another Person’s website; and

f. must allow the employees, contractors or agents of the Acquirer or those of any Card Scheme reasonable access to Your premises during normal business hours to check Your compliance with these Visa/MasterCard Payment Channel Terms, the Data Security Standards or for the purposes of the relevant Card Scheme Rules; and

g. must provide MYOB and the Acquirer with all information, assistance, authorities and consents (including obtaining information, assistance, authorities and consents from Your customers, as applicable) reasonably required to perform their obligations and to deal with any queries in relation to the Visa/MasterCard Payment Channel; and

h. must comply with all applicable Card Scheme Rules and Relevant Laws and contractual requirements in accepting card payments and performing Your obligations under these Visa/MasterCard Payment Channel Terms; and

i. will observe and implement the fraud prevention procedures set out in the manuals, guides or directions provided to You, unless otherwise mutually agreed to by the parties.

Data Security Standards

3.2. This clause applies to You if collect payment data directly from a Cardholder or store any Cardholder data. In addition to the other provisions of these Visa/MasterCard Payment Channel Terms, You acknowledge and agree:

a. You must protect stored Cardholder data, regardless of the method used to store such data. Data storage also includes physical storage and security of Cardholder data. Some examples of other data storage which must be secured include an access or excel database and hard copy files. Storage should be kept to the minimum required for business, legal, and/or regulatory purposes; and

b. You must not store the personal identification number (PIN) or sensitive authentication data after authorization (even if encrypted); and

c. if the Payment Card Industry Data Security Standards apply to You (as notified by MYOB or the Acquirer), You must, at Your cost, comply with such standards, including successfully completing the protocols for PCIDSS within the time frame stipulated. You acknowledge and agree that if You fail to do so:

i. MYOB or the Acquirer may terminate the provision of the Visa/MasterCard Payment Channel to You; and

ii. You are liable for any fine imposed upon the Acquirer by the Card Schemes as a result of Your failure to comply; and

iii. You are liable for any fines which the Card Schemes levy in the event that You suffer a card data compromise incident, and have not complied with the PCIDSS Accreditation program; and

d. the Acquirer is obliged to report all Data Breach events to Card Schemes, law enforcement agencies and/or Australian regulators. You grant irrevocable and enduring consent for the Acquirer to release details of any such Data Breach to the aforementioned bodies; and

e. if You have suffered a Data Breach:

i. You must give the Acquirer and its agents full access to Your systems and databases to facilitate a forensic analysis to ascertain:

  1. what card data has been compromised; and

  2. what weaknesses in the system permitted the unauthorised access to the data base; and

  3. whether card data was created, deleted, altered, copied or manipulated in any manner; and

ii. all costs of the forensic analysis must be paid by You; and

iii. in order to continue processing card transactions, You must undergo a full PCIDSS accreditation. All costs of this accreditation exercise must be paid by You

Your duties to cardholders

3.3. Subject to the other provisions of these Visa/MasterCard Payment Channel Terms, You:

a. must accept any valid and acceptable Card in a transaction; and

b. must only accept payments via the Visa/MasterCard Payment Channel available to Your customer when You have committed to provide the goods and services to the customer; and

c. must not accept a Card in a credit card transaction for the purpose of giving a Cardholder cash; and

d. must perform all obligations (including supplying all goods and/or services) to the Cardholder in connection with the sale; and

e. must not sell, purchase, provide or exchange any information or document relating to a Cardholder’s account number, or Card number, or a transaction, to any Person other than:

i. MYOB;

ii. the Acquirer; and

iii. the card issuer; or

iv. as required by law; and

f. must destroy any document that is no longer required to be retained by applicable law or card scheme rules, in a manner which makes the information unreadable; and

g. must take reasonable steps to ensure that the information and documents mentioned in 3.3.e. are protected from misuse and loss and from unauthorised access, modification or disclosure; and

h. must not make any representation in connection with any goods or services which may bind MYOB, the Acquirer or any Card Scheme; and

i. must not indicate or imply that We, the Acquirer or any Card Scheme endorse any goods or services or refer to a nominated Card in stating eligibility for goods, services, or any membership; and

j. must not accept a Card or a transaction which is of a type You have been previously advised is not acceptable; and

k. must prominently inform the Cardholder of Your identity at all points of Cardholder interaction (including on any relevant website and promotional material) so that the Cardholder can readily distinguish You from MYOB, any supplier of goods or services to You, or any other 3rd party; and

l. must provide notice to any Cardholder with whom You enter into a transaction that You are responsible for that transaction, including for any goods or services provided, any payment transaction, related service enquiries, dispute resolution, and performance of the terms and conditions of the transaction; and

m. must not unfairly distinguish between issuers of a Card when accepting a transaction; and
n. must not refuse to complete a transaction solely because a Cardholder refuses to provide additional identification information in circumstances where We do not require You to obtain it; and

o. if You collect or store Cardholder information, You must comply with any Data Security Standards notified to You; and

p. You may must not transfer or attempt to transfer financial liability under these Visa/MasterCard Payment Channel Terms by asking or requiring a Cardholder to waive his or her dispute rights.

Recurring transactions

3.4. You must not process a transaction as a recurring transaction unless You obtain Our prior written approval. Indemnity

3.5. You agree to indemnify and hold MYOB and the Acquirer harmless from and against any fines imposed on MYOB or the Acquirer (as applicable) by a Card Scheme because of Your conduct in relation to the Visa/MasterCard Payment Channel, including any fines imposed as a result of an unacceptable rate of Chargebacks.

4. Card acceptance requirements

4.1. You must:

a. use reasonable care to detect the unauthorised use or forgery of a Card; and

b. notify MYOB if You become aware of or suspect fraud on the part of a Cardholder; and

c. not deliberately reduce the value of any one transaction by:

i. splitting a transaction into two or more transactions; or

ii. allowing a Cardholder to purchase items separately; and

d. establish a fair policy for dealing with refunds and disputes about transactions and include information about that policy on Transaction Receipts as required by MYOB; and

e. only submit a transaction as a refund to a Cardholder if it is a genuine refund of a previous sale transaction. The refund must be processed to the same card that was used in the original sales transaction and be for the original sale amount; and

f. give refunds for transactions by means of credit and not in cash or cheque; and

g. not process a refund transaction as a way of transferring funds between Your accounts; and

h. if a transaction for a sale does not cover the full amount of the sale:
i. in the situation in which the Card is used to make a deposit or pay an instalment You may accept the Card in payment of all or part of the outstanding balance; and
ii. in any other circumstance You must obtain the balance due at the time the sale is completed in cash; and

i. not state or set a minimum or maximum amount for a Card transaction without Our prior written consent; and

j. not ask a Cardholder to reveal their PIN or any other secret identifier; and

k. contact MYOB for instructions if the identification of a Cardholder or the validity of the Card is uncertain; and

l. not knowingly submit for processing any transaction that is illegal or that You should have known is illegal.

4.2. For remote transactions, You must:

a. take reasonable steps to verify the identity of the Person You are dealing with, in order to confirm that they are the genuine Cardholder; and

b. record reasonable identification details of the Person You are dealing with.

5. Surcharging

Amount of surcharge

5.1. Where You elect to charge a Cardholder a surcharge in respect of a transaction, You must not impose a surcharge in excess of the reasonable cost of card acceptance.

5.2. Upon request by Us or any Card Schemes, You must produce supporting information to substantiate Your costs of card acceptance. Where the card scheme dictates the format of the required substantiation, e.g. through use of a “reasonable cost of acceptance calculator”, You must provide details of Your costs in the required format.

5.3. Where required by a Card Scheme, You must submit, at Your cost, to an audit of Your costs of card acceptance by an independent auditor approved by the Card Scheme requiring the audit. The audit must be completed and results reported back to the relevant Card Scheme within the time-frame specified by the Card Scheme.

5.4. Where, following an investigation into Your surcharging and cost of card acceptance, We or a Card Scheme determine that the amount that You are surcharging exceeds the reasonable costs of card acceptance, We may by 30 days’ notice to You require You to reduce your surcharge level to an amount that does not exceed the reasonable costs of card acceptance.

5.5. Without limiting any other rights that We may have under these Visa/MasterCard Payment Channel Terms, We may, by notice to You, terminate these Visa/MasterCard Payment Channel Terms if, following receipt of notice under Clause 6.4. You fail to reduce Your surcharge level to an amount that does not exceed the reasonable costs of card acceptance.

5.6. You acknowledge that excessive surcharging by You could expose the Acquirer to fines from Card Schemes. You agree to indemnify the Acquirer against any fines imposed by Card Schemes in relation to Your surcharging practices.

5.7. You acknowledge that card issuers may from time to time change the classification of a credit card (i.e. standard or premium) and, as a result, whenapplying a surcharge rate to a Cardholder, it cannot be guaranteed that the classification of the card (i.e. standard or premium) on which You have based the surcharge will be same as the classification on which You are charged Your merchant service fee in relation to the same transaction.

Disclosure of surcharge

5.8. You must clearly disclose to the Cardholder before the transaction is completed any surcharge that You will charge for completing the transaction, and do it in such a way that allows the transaction to be cancelled without the Cardholder occurring any cost.

5.9. You must not represent or otherwise imply that the surcharge is levied by a card scheme or by Us or any other financial institution.

5.10. Definitions (In this Clause 6)

  • Surcharge means any fee charged by a merchant to a Cardholder that is added to a transaction for the acceptance of a card.

  • Costs that form Your “reasonable costs of card acceptance” will be determined having regard to the Reserve Bank of Australia’s Guidance Note: Interpretation of Surcharging Standards, as amended or replaced from time to time

6. Transaction receipt

6.1. Unless We have agreed that We will provide the transaction receipt to the Cardholder, You must give the Cardholder a copy of the Transaction Receipt for each transaction, but You must not charge a fee for doing so.

6.2. If You are notified that You must prepare the Transaction Receipt, You must ensure the information contained in the Transaction Receipt:
a. is identical with the information on any other copy; and
b. legibly includes the information notified to You.

6.3. You must provide MYOB with the Transaction Receipt and any other required evidence of the transaction within seven (7) days if You are asked by MYOB to provide it.

6.4. If You wish to change Your Internet or email address, or telephone number appearing on the Transaction Receipt, You must notify MYOB in writing at least 15 Banking Days prior to the change taking effect.

7. Invalid or unacceptable transactions

7.1. A transaction is not valid if:

a. the transaction is illegal as per applicable laws; or

b. if applicable, the signature on the voucher, Transaction Receipt or authority is forged or unauthorised; or

c. the transaction is before or after any validity period indicated on the relevant Card; or

d. You have been told not to accept the Card; or

e. the transaction is not authorised by the Cardholder; or

f. the particulars on the copy of the voucher or Transaction Receipt given to the Cardholder are not identical with the particulars on any other copy; or

g. the price charged for the goods or services is inflated to include an undisclosed surcharge for card payments; or

h. another person has provided or is to provide the goods or services the subject of the transaction to a Cardholder; or

i. You did not actually supply the goods or services to a genuine Cardholder as required by the terms of the transaction, or have indicated Your intention not to do so; or

j. the transaction did not relate to the actual sale of goods or services to a genuine Cardholder; or

k. the transaction is offered, recorded or billed in a currency We have not authorised You to accept; or

l. these Visa/MasterCard Payment Channel Terms were terminated before the date of the transaction; or

m. You have not complied with Your obligations in Clause 3.3.; or

n. if applicable, the details are keyed into Equipment and You did not legibly record on a Transaction Receipt the information required by Clause 7; or

o. it is a credit transaction in which:
i. the amount of the transaction or transactions on the same occasion is more than any applicable limit notified to You; or
ii. You collected or refinanced an existing debt including, without limitation, the collection of a dishonoured cheque or payment for previous card charges; or
iii. You provide a Cardholder with cash; or

p. it occurs during a period in which Your rights under these Visa/MasterCard Payment Channel Terms were suspended; or

q. You cannot give a Transaction Receipt as required by Clause 7 provided for herein; or

r. for any other reason, the Cardholder is entitled under the Card Scheme Rules to Chargeback of the transaction.

7.2. A transaction for a sale or refund is not acceptable if:

a. the Cardholder disputes liability for the transaction for any reason or makes a claim for set-off or a counterclaim; or

b. it is of a class which the Acquirer or MYOB decide, in their (reasonable) discretion, is not acceptable.

7.3. You acknowledge and agree that the Acquirer or MYOB may:

a. refuse to accept a transaction if it is invalid or unacceptable, or may charge it back to You if it has already been processed, even if We have given you an authorisation; and

b. reverse a sales transaction as a Chargeback, and debit Your account for the amount of the Chargeback, for any of the reasons in Clauses 7.1. and 7.2. and any other reason We notify You of from time to time; and

c. without limiting the above, delay, block, freeze or refuse to accept any transaction where the Acquirer or MYOB has reasonable grounds to believe that the transaction breaches Australian law or sanctions or the laws or sanctions of any other country

8. Settlement of transactions

8.1. The Acquirer will provide settlement to MYOB on each business day for the gross amount of all funds received from the Card Schemes in respect of transactions processed under these Visa/MasterCard Payment Channel Terms, less any Chargebacks or refunds.

8.2. MYOB is responsible for disbursing to You, in accordance with Your funding, reserve and payment arrangements with MYOB, any settlement amounts received from the Acquirer in respect of transactions processed under these Visa/MasterCard Payment Channel Terms.

8.3. You agree to direct any queries regarding settlement to MYOB.

8.4. You appoint MYOB as Your agent and trustee for the purposes of receiving settlement amounts received from the Acquirer and managing payment of those funds to You in respect of transactions processed under these Visa/MasterCard Payment Channel Terms.

9. Use of card scheme logos and trade marks

9.1. You acknowledge and agree that:

a. the Card Scheme logos, names and holograms (“the Marks”) are owned solely and exclusively by the relevant Card Scheme; and

b. You will not contest the ownership of the Marks for any reason; and

c. the Card Schemes may at any time, immediately and without notice, prohibit You from using any of the Marks for any reason; and

d. You may only use advertising and promotional material for the cards or which show a Card Schememark in the manner the Acquirer approves, unless You have received authorisation from the card schemes through other means.

10. Representations and warranties by you

10.1. You represent and warrant that:

a. by entering into these Visa/MasterCard Payment Channel Terms You are not currently and will not be in breach of any Relevant Law or any obligation owed to any Person; and

b. where applicable, You are duly authorised to enter into these Visa/MasterCard Payment Channel Terms and the obligations under these Visa/MasterCard Payment Channel Terms are valid, binding and enforceable in accordance with its terms; and

c. if You are an incorporated body, You validly exist under the laws of Your place of incorporation and have the power and authority to carry on Your business as that business is now being conducted and using any name under which that business is being conducted; and

d. if You, a Related Body Corporate or any officer, employee or agent of You or a Related Body Corporate has at any time been listed on a database of terminated merchants maintained by any Card Scheme or have otherwise had merchant services terminated by another acquiring bank, You have disclosed that fact to MYOB.

10.2. The representations and warranties set out in this clause will be deemed to be repeated each day after the date You enter into these Visa/MasterCard Payment Channel Terms

11. Liability for breach of warranties or guarantees

Our and the Acquirer’s liability in respect of a breach of a warranty or guarantee under these Visa/MasterCard Payment Channel Terms is, to the extent permitted by law, limited to the re-supply of the goods or services or the payment of the cost of having the goods or services supplied again.

12. Exclusion of liability

To the maximum extent permitted by applicable law and subject to Your rights under the Australian Consumer Law, We are not liable to You or to any person for any direct or indirect loss (including loss of profits), damage, injury or inconvenience You suffer because of any service failure (including any unavailability of the service) any delays or any errors, except to the extent caused by Us.

13. Termination and suspension

13.1. The Acquirer or MYOB may suspend or terminate these Visa/MasterCard Payment Channel Terms, or suspend then terminate these Visa/MasterCard Payment Channel Terms, or any part of them at any time if:

a. You are in breach of Your obligations under or arising out of these Visa/MasterCard Payment Channel Terms;

b. if in MYOB’s or the Acquirer’s reasonable opinion, the processing of Your transactions exposes MYOB or the Acquirer to an unacceptable level of risk;

c. You are or have engaged in conduct which exposes MYOB or the Acquirer to potential fines or penalties imposed under Relevant Law;

d. Your business or equipment is or has been targeted by a person engaged in fraudulent or dishonest activity whether with or without Your knowledge;

e. You or any service provider (other than MYOB or the Acquirer) that You use in connection with Your merchant services has suffered a data breach;

f. a direction is made by a Card Scheme or under Relevant Law that the Visa/MasterCard Payment Channel be suspended or terminated;

g. You have experienced an adverse change in financial circumstances;

h. subject to any stay requirements under ipso facto law, We have concerns about Your solvency or if You become insolvent or are subject to any form of insolvency administration or a resolution is passed or an order is made for winding up; or

i. You have a significant adverse credit event recorded against You.

13.2. These Visa/MasterCard Payment Channel Terms will terminate automatically and immediately if:

a. MYOB’s registration as a member service provider or independent sales organisation with any Card Scheme is cancelled;

b. MYOB’s agreement with the Acquirer for the provision of merchant services is terminated for any reason; or

c. any other agreement that You have with MYOB in respect of MYOB’s payment processing services is terminated for any reason.

13.3. You authorise the Acquirer to disclose to any Card Scheme advice of termination of these Visa/MasterCard Payment Channel Terms and the reasons for the termination. You acknowledge that the information concerning termination of these Visa/MasterCard Payment Channel Terms then becomes available to any member of the Card Schemes. This information, available to any member of the Card Schemes, may be used in assessing subsequent applications for merchant facilities.

13.4. This Clause 14 survives termination of these Visa/MasterCard Payment Channel Terms.

14. Assignment

You may not assign or charge Your rights under these Visa/MasterCard Payment Channel Terms without Our prior written consent (which We will not unreasonably withhold).

15. Australian domicile requirements

You acknowledge that We may only provide services to You under these Visa/MasterCard Payment Channel Terms where You:

a. have a permanent establishment in Australia through which transactions are completed;

b. are registered to do business in Australia;

c. have a local address in Australia for correspondence and acceptance of judicial process, other than a post-office box or mail-forwarding address; and

d. pay taxes in Australia (where required) in relation to the sales activity; and

e. satisfy any other domesticity requirements imposed by the Card Schemes from time to time. In addition to any other right to terminate or suspend the services, We may immediately cease to accept transactions under these Visa/MasterCard Payment Channel Terms where You fail to satisfy the above requirements.

16. Governing law

These Visa/MasterCard Payment Channel Terms is governed by the laws of the State of Victoria. Each party submits to the jurisdiction of the courts of that State and any courts of appeal from them.

17. Amendment

In addition to MYOB’s rights to vary the Terms in accordance with Section 14 of the General Terms, the Acquirer may vary these Visa/MasterCard Payment Channel Terms on 30 days’ written notice to You. If You do not agree with any amendment, You can terminate Your use of the MYOB Tap to Pay Service (including the Visa/MasterCard Payment Channel) under Section 10 of the General Terms.

18. Notices

You acknowledge that the Acquirer or MYOB may deliver notices to You in respect of these Visa/ MasterCard Payment Channel Terms in any of the ways listed in Section 17 of the Terms.

19. Set-off

MYOB and the Acquirer may at any time without notice to You set off any Liability owed by MYOB or and the Acquirer (as the case may be), to You on any account against any Liability owed by You to MYOB or the Acquirer (as the case may be) under or in connection with these Visa/MasterCard Payment Channel Terms.

For the purpose of this clause, “Liability” means any debt or monetary liability, irrespective of whether the debt or monetary liability is future or present, actual or contingent

Eftpos Terms

Last updated: 2023-03-30

These eftpos terms (“Terms”) are applicable to you if you accept payments using eftpos-only debit cards issued by eftpos Payments Australia Limited (“eftpos”) or eftpos co-branded dual network debit cards (“eftpos Services”). eftpos Services are made available to you by Stripe through EFTEX Pty Ltd. Unless otherwise stated, a capitalised term used and not defined in these Terms has the meaning given to such term in the Stripe Services Agreement ("Agreement"). These Terms form part of the Agreement and remain subject to the terms and conditions of the Agreement. To the extent these Terms conflict with the Agreement, these Terms will prevail, but solely as applicable to the eftpos Services.

1. You must comply with the applicable terms, rules, procedures, and specifications of eftpos, which may be modified by eftpos from time to time, including each of the: (i) eftpos Scheme Rules, (ii) eftpos Technical, Operational, and Security Rules, and (iii) eftpos Brand and Style Guide (the “eftpos Rules”), each of which are currently set out at: https://www.eftposaustralia.com.au/support/industry-resources

2. You must use the eftpos logo and trademarks (in accordance with the eftpos Rules) in making any reference to the eftpos Services, including, without limitation, on any website, place of business, mobile application, or on any other payment interface accessible to your Customers.

3. You must not impose a minimum transaction value in relation to your acceptance of any eftpos Transaction.

4. Customer Notifications: You must notify Customers using eftpos co-branded dual network debit cards that:

(a) In-person Transactions: they have the ability to route their in-person Transaction(s) through a specific network by inserting their card into your on-site card reader device and selecting from the available routing options; and

(b) Online Transactions: their payment may be processed through either debit network, notwithstanding the logo displayed when your Customer enters their payment information.

5. You must notify your Customers of the amount or percentage of any surcharge you impose upon any available payment option (including the eftpos Services) in accordance with the Agreement.

6. You acknowledge that certain eftpos Form Factors (as defined in the eftpos Rules) may be issued to minors.

7. Returns Policy:

(a) In your returns policy regarding (i) return of damaged, (ii) faulty goods, or (iii) goods not as described, you must provide that you will resolve claims raised by your Customers for reasons (i) - (iii) within 180 days of: (1) the date of delivery of goods or services, or (2) the eftpos Transaction.

(b) In addition to paragraph 7a) above, if you are a Staged Digital Wallet Operator (as described in the eftpos Rules), you must maintain a refunds and dispute policy in compliance with Australian consumer laws which applies to all purchases at merchants paid for by an eftpos Form Factor loaded into the Stage Digital Wallet you offer, and your policy must at a minimum address consumer rights relating to (i) undelivered goods, (ii) damaged or faulty goods, and (iii) goods not as described.

8. If, following an eftpos Transaction, you make a refund to your Customer for any reason:

(a) you must not make the refund in cash, and refund to the eftpos card or Form Factor from which your Customer made the original payment; and

(b) where the purchase of goods or services is made online, you must provide the refund through your online business.

9. If you enter into an arrangement with your Customer either to enable Merchant Initiated Transactions or Payment Arrangements, you must be able to provide a record of authority from the Customer regarding these arrangements.

10. Your terms and conditions to your Customer must include the following, where applicable:

(a) term and termination rights;

(b) payment terms, including transaction type, any limits on the individual and cumulative amount, number and frequency of payments, and minimum and maximum contract period, including applicable expiry date(s);

(c) delivery and shipping terms, for payments associated with purchase of goods;

(d) reversal, full and partial refunds and corrections procedures;

(e) rights to amend, cancel, or dispute payments;

(f) payment date for Customer;

(g) procedures for your Customer to notify you of changes of card or account details; and

(h) customer service details

11. Your personal information may be collected, retained, used and disclosed by eftpos for the purposes of processing an eftpos Transaction (including use of eftpos’ service providers in Australia, United States and any other jurisdictions specified in eftpos’ Privacy Policy published from time to time on eftpos’ website), involvement in and arbitration of disputed transactions and chargebacks, and for reporting and disclosures in accordance with eftpos Rules.

12. If you provide Installment Payment solutions and services to other merchants, you must meet the criteria set forth in the eftpos Rules, including in particular and without limitation the following:

(a) display in Australian dollars: (1) the price for all eftpos Transactions to a Customer at the time of purchase and processing; and (2) the refund amount (if relevant);

(b) pay the full Australian dollar amount for any refunded eftpos Transactions or any eftpos Transaction to which a chargeback applies;

(c) you must only provide services to merchants who fall within eftpos’ merchant category codes and within limits specified by eftpos from time to time.

(d) Ensure that your merchant’s eftpos card not present Transaction include the following information: (1) identify both you and the merchant in the ‘Merchant Name/Location’ field; and (2) a merchant category code value defined in eftpos’ AS2805.16 specifications.

13. Definitions

Cardholder-Initiated Transaction means a Transaction where the cardholder directly provides their payment credential, and contains verification that a cardholder was involved in the Transaction.

Deferred Payments means a single Transaction which your Customer has granted you permission to perform, but which is processed by you some time after the consent has been granted. For clarity, the amount you eventually charge may be less than (but never more than) the amount to which your Customer has consented.

Fixed Frequency Payments means where your Customer and you entered an arrangement where the frequency of Transactions is fixed, e.g. memberships, subscriptions. The amount of each Transaction may vary, e.g. utility bills.

Installment Payments means one of a series of purchase Transactions, initiated by you, using card details previously provided by your Customer, acting under authority granted to you by that Customer, where the number of such Transactions, the amount of each Transaction, and the frequency of Transactions being initiated have each been agreed between you and your Customer prior to the first such Transaction being initiated.

Merchant Initiated Transaction means an authorisation request that relates to:
(a) a previous Cardholder-Initiated Transaction; or
(b) a Payment Arrangement,
but conducted without the cardholder present, and without any cardholder validation performed.

Payment Arrangement means an arrangement entered into between you and your Customer, where your Customer has granted authority for you to process eftpos Transaction(s) to occur under specific terms. Payment Arrangements include but are not limited to Fixed Frequency Payments, Installment Payments, Post Payment Adjustment Payments, Deferred Payments, and Pay as You Go Payments.

Pay As You Go Payments means a Payment Arrangement where your Customer or their behaviour subsequently triggers an eftpos Transaction to occur. This could either be an ad-hoc Transaction, e.g. order ahead apps, or Transaction with variable frequency and fixed amount, e.g. auto-top up

Post Payment Adjustment Payments means a single Transaction arising when action by your Customer subsequent to a previously authorised payment, has resulted in additional charges owed you, which you have initiated using the card details provided during the original payment.