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Merchant Agreement
"I need a Merchant Agreement for my Malaysian e-commerce platform that will launch in March 2025, supporting multiple payment methods including credit cards, e-wallets, and QR payments, with specific provisions for cross-border transactions and multi-currency processing."
1. Parties: Identification of the merchant and the payment service provider/acquirer, including full legal names and registration details
2. Background: Context of the agreement, including the nature of the merchant's business and the payment processing services to be provided
3. Definitions: Detailed definitions of technical terms, industry-specific terminology, and key concepts used throughout the agreement
4. Services: Detailed description of payment processing services, including supported payment methods and currencies
5. Merchant Obligations: Core responsibilities of the merchant including compliance with security standards, transaction procedures, and operational requirements
6. Provider Obligations: Core responsibilities of the payment service provider including service levels, support, and processing commitments
7. Fees and Payment Terms: Structure of processing fees, payment settlement timeframes, and related financial terms
8. Security Requirements: Mandatory security protocols, PCI DSS compliance requirements, and data protection measures
9. Chargebacks and Disputes: Procedures for handling transaction disputes, chargebacks, and related merchant responsibilities
10. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
11. Representations and Warranties: Legal assurances provided by both parties regarding their capacity and authority
12. Liability and Indemnification: Allocation of risks and responsibilities between parties, including indemnification obligations
13. Confidentiality: Protection of confidential information and trade secrets
14. Governing Law: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Equipment and Software: Details of payment terminals, software, and related equipment if provided by the payment service provider
2. Multi-Currency Processing: Additional terms for handling multiple currencies if the merchant operates internationally
3. Integration Requirements: Technical specifications for integrating with e-commerce platforms or point-of-sale systems
4. High-Risk Activities: Additional requirements for merchants operating in high-risk industries
5. Value-Added Services: Terms for additional services such as analytics, fraud prevention, or loyalty programs
6. Insurance Requirements: Specific insurance coverage requirements for certain types of merchants
7. Data Localization: Specific requirements for local data storage and processing if required by Malaysian regulations
1. Schedule A - Fee Schedule: Detailed breakdown of all applicable fees, including processing fees, setup fees, and special charges
2. Schedule B - Technical Specifications: Technical requirements for payment processing, including API specifications and integration requirements
3. Schedule C - Service Level Agreement: Detailed service levels, response times, and performance metrics
4. Schedule D - Security Protocols: Detailed security requirements and compliance procedures
5. Schedule E - Prohibited Activities: List of prohibited business activities and restricted merchandise
6. Schedule F - Operating Procedures: Detailed procedures for daily operations, including transaction processing and settlement
7. Appendix 1 - Form Documents: Standard forms for merchant applications, change requests, and other routine documentation
8. Appendix 2 - Compliance Checklist: Checklist of regulatory and security compliance requirements
Authors
Retail
E-commerce
Food and Beverage
Travel and Hospitality
Healthcare Services
Professional Services
Entertainment and Recreation
Education
Transportation
Digital Services
Telecommunications
Legal
Finance
Compliance
Operations
Risk Management
Commercial
Business Development
Merchant Services
Technology
Treasury
Accounts Receivable
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Operations Manager
Payment Operations Director
Risk Manager
Commercial Director
Business Development Manager
Merchant Services Manager
Technology Integration Manager
Treasury Manager
Accounts Receivable Manager
E-commerce Manager
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