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I have read & agree to the
Terms & Conditions
×
CARD MERCHANT AGREEMENT FOR AMERICAN EXPRESS CARD
1) Definitions
a) "Valid Card: shall mean an unexpired card issued by any bank designated to issue American Express (AMEX) Card, and which bears the specimen signature of the person whose name is embossed on the card, and which card is not listed in current warning bulletin.
b) "Card member" or "Member" shall mean a person holding a valid Card.
c) "Valid Charge" is a charge within the amount authorized in clauses 6 of this agreement which is charged to the holder of a Valid Card on a Charge Slip acceptable to HBL bearing an imprint of the card and member's signature as appearing on the valid card. The Merchant agrees to retain the bills/invoices pertaining to the charge slips for a period of eighteen months from submission date and make them available to HBL on request.
d) "Charge Slip" is the voucher printed after swiping and charging a debit or credit card in a respective merchant outlet.
2) Charge Privilege
The Merchant agree to permit a Card Member to charge the purchase of goods and services normally sold by him. The merchant acknowledges that any purchase by the Card Member creates a direct obligation on HBL to pay it and the Merchant shall not bill the member directly. Merchant agrees that the price charged to Card Members will not exceed prices charged to the general public or will not include any surcharge.
3) Acceptance of Charges
HBL may accept all Valid Charge Slip in order to make payment to merchant subject to discount on the total amount listed on the signed charge slip form @ ........... in American Express (AMEX) Card.
4) Submission of Charges
The merchant agrees to submit all valid charge slips forms incurred by Card Members to HBL subject to the conditions laid down by HBL.
5) Payment of Charges
a) Subject to the provisions of sub-clause (b) hereof, and without prejudice to the right conferred by clause 7 hereinafter appearing, HBL agrees to pay charges received at their offices within 2 working days except under any circumstance beyond the control of HBL. Payment against any Charge Slip by HBL shall not be construe or deem to mean that the charges involved are Valid Charges. HBL will be entitled at anytime and without notice, to set-off and adjust outstanding of the Merchant or of any partner or the proprietor thereof, where such partner or the proprietor is also a Card Member, against any payment due to the Merchant.
b) Where HBL has reason to believe that any charges have been fraudulently incurred on a valid card or charge incurred on a counterfeit card or where HBL has reason to investigate or cause to be investigated any charges (hereinafter referred to as a "suspect charge"), HBL shall be entitled to withhold payment pertaining to a suspected charge(s) for a period not exceeding 6 (six) months from the due date of payment under sub-clause (a) above. HBL will not be liable to make payment of transactions that are not settled by merchant and are above 30 days of transaction date. Also HBL reserve the right to levy 0.50% of transaction amount if merchant does POS settlement after 3 days from transaction date (Late settlement fee.)
PROVIDED THAT if on or before of 6 (six) months, after due inquiry and investigation that the charge slip is a Valid Charge, HBL may release such withheld payment immediately. PROVIDED FURTHER that within the said period of 6 (six) months after due inquiry and investigation that any suspect charge is not Valid Charge hence, HBL reserves the rights not to pay the same.
6) Floor Limit
Merchant may incur of any amount but not exceeding to the floor limit of .................... However, for the amount beyond the floor limit, the Merchant must obtain prior approval of HBL. In the absence of such approval, HBL shall not responsible for any such charges or any part thereof and all such charges will be accepted on a collection basis. Splitting of charges into two or more will not be accepted to HBL. HBL reserve the rights to refuse the payment if an authorization is refused.
Prior authorization in respect of charges exceeding the Floor Limit may be obtained by contacting HBL by telephone or Telex/Fax stating the correct name and the number of the Valid Card, its expiry date, Merchant name, number and the amount for which the approval is required. If authorization is granted, the authorization number must be indicated on the charge slip. HBL may refuse authorization in its sole discretion and may further, in such an event, also direct the Merchant to take immediate preventive action.
7) Acceptance of Charges with Recourse- Chargebacks
The Merchant agrees that any charge accepted by HBL if proved to be uncollectable on any of the following circumstances shall be the financial responsibility of Merchant. The Merchant further agrees by non-payment of such charge or the charging back of such uncollectable charges as the case may be by HBL without any demur or protest by debiting Merchant's account maintained with any branches of HBL or by adjusting in future payments:
a) Any charge, which is not a valid Charge as defined above.
b) Any charge incurred by a member whose card or identifying symbol or number was listed in current warning bulletins prior to the incurring of the charge by the Member.
c) Any charge that was incurred by a Member outside the date indicated as valid on the Member's Card.
d) Any charge incurred outside the territory authorized for the use of the Card.
e) Any charge incurred involving the forgery of the Card Member's signature on the charge form.
f) Any charge incurred which involve a charge from incomplete or illegible as to the Card Member's name, the number of the validity date of the Card.
g) Any charge received by HBL more than 3 (three) days after charge was incurred by a Card Member.
h) Any charge which was previously billed directly by the Merchant to the Card Member.
i) Charges in excess of floor limit set out in Clause 6 above without prior authorization of HBL as provided therein.
j) Any charge for merchandise or services in an amount in excess of the advertised price.
k) Charges for undelivered merchandise or services.
1) Any charge that the Card Member refuses to pay because the merchandise or services purchased from the Merchant were not as promised or merchandise was defective.
m) Any charge with respect to which a card Member's complaint or request for an adjustment has been resolved by the Merchant.
n) The charge slip prepared in the currency other than Nepalese Rupees.
o) If the merchant fails to comply with any of the terms and conditions spelled in these presents.
8) Indemnity
The Merchant will indemnify and not hold HBL responsible for any claims, demands, actions, suits or proceedings, liabilities, losses, costs, expenses, legal fees or damages asserted against HBL by any Member on the account of acts or omissions by the Merchant in connection with the sale of goods or services (by the Merchant) and the performance of this agreement. The indemnity provided herein should survive the termination/cancellation hereof in so far it pertains to events which transpired prior to the termination/cancellation.
9) Publicity
The merchant agrees to display stickers and to maintain promotional material supplied from time to time by HBL. The merchant's right to display such stickers shall continue only so long as the merchant agreement remains in effect and not terminated.
10) POS/Imprinters
POS/Imprinters for use by the Merchant will be provided on request. POS/ Imprinter is property of HBL and that has to be handled with due care. The POS/Imprinter provided to the Merchant must be returned on the termination of this agreement. Bank reserve the rights to repair or replace POS/Imprinters on the cost of the merchant. Merchant should not use any other third party software/hardware to process the card transaction without the prior approval from HBL.
11) Cheque Cashing, Cash Advances and/or Cash refunds.
Unless a specific agreement is entered into with the Merchant, no Card Member's cheque are to be encashed or Cash Advances and refunds are to be made and HBL will not be responsible or held liable for such charges
12) Direct Mail and Telephone Charges
Where the merchant receives order from Card Members through the mail or by telephone, the merchant agrees it has not received a valid charge. If such orders are accepted, HBL will handle the charges in the usual manner. It is however, understood that in the event that a Card Member disputes the authenticity of the order, the risk shall be assumed by the Merchant and not by HBL.
13) Transfer of Ownership
The rights obtained under this agreement are not assignable or transferable by the Merchant without written prior approval of HBL. However, HBL reserve the right to transfer or assign its rights and obligations under this agreement to AMEX or an AMEX entity, at its own discretion.
14) Alterations of Terms and Conditions
HBL is authorized from time to time at its discretion to add, alter, delete, modify or otherwise amend any of the terms and conditions contained herein by written prior intimation thereof to the Merchant. Such amendment will become effective upon such notification and shall be binding on the merchant
15) Jurisdiction
All disputes and difference relating to charges or claims arising out of card transactions or as to the interpretation or enforcement of this agreement shall be subject to the exclusive jurisdiction of the courts in Kathmandu, Nepal.
16) Duration
This Agreement supersedes all previous agreement between HBL and the Merchant and shall remain in effect until terminated by either party by a written notice in advance of 30 (thirty) days. In the event of the Merchant failing to observe the terms of this Agreement or committing a breach hereof or becoming disentitled to honor a card or is otherwise not acceptable to HBL. HBL will be entitled, without notice and without being required to prove actual breach, to terminate this Agreement immediately. In the event of the Merchant not transacting any business with HBL on Cards, as the case may be, for a continuous period of 6 (six) months, HBL reserves the right to cancel the Merchant's affiliation in relations to that particular card. If excessive chargeable/ fraudulent transaction received, HBL reserves the right to terminate the merchant without any prior notice.
17) Authority
By signing this Agreement, the Merchant represents that the signatory hereof has full authority to do so and execution of this Agreement by the signatory hereof creates a fully binding obligation on the Merchant. HBL reserve the right to revoke merchant agreement if merchant is found to be inactive for six months. As such all inventories including POS machine, rolls & other HBL provided materials has to be returned to HBL.
18) Others
i. Merchant should not have listed in Negative file listing/OFAC list
ii. Merchants should verify authenticity of cardholder like signature, PIN while accepting cards iii. Acceptance of all brands without preference of acceptance
iv. HBL shall share data from transactions at the Merchant with AMEX and/or an AMEX entity.
V. HBL reserve the right to blacklist/Negative listing to the merchant if found guilty on unethical/ fraudulent transaction with American Express (AMEX) Card and Nepal card Member Forum (NCMF)
vi. Merchant under no circumstance should capture CW. CW2. CIW, PIN by electronic or any other means. Merchant will protect the cardholder sensitive data all the time. As and when asked by HBL, the merchant should provide self attestation certification that the merchant does not hold any secure data at its location as a merchant compliance program.
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