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Merchant Agreement

Merchant Agreement Template for Netherlands

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Key Requirements PROMPT example:

Merchant Agreement

"I need a Merchant Agreement for an e-commerce business based in Amsterdam that will process international payments and handle recurring subscriptions, with planned launch in March 2025."

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Document background
This Merchant Agreement is essential for establishing the legal and operational framework between payment service providers and businesses accepting payments in the Netherlands. It is used when a merchant needs to process customer payments through various methods including card payments, digital wallets, and local payment systems like iDEAL. The agreement ensures compliance with Dutch financial regulations, EU payment services directives (PSD2), and data protection laws (GDPR). It covers critical aspects such as transaction processing, settlement terms, fees, chargebacks, security requirements, and risk allocation. The document is particularly important given the Netherlands' advanced digital payments landscape and strict regulatory environment.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the payment service provider/acquirer and the merchant

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Services: Description of payment processing and related services provided

5. Merchant Obligations: Core responsibilities of the merchant including compliance with network rules and security requirements

6. Service Provider Obligations: Core responsibilities of the payment service provider/acquirer

7. Fees and Payment Terms: Pricing structure, payment terms, and settlement procedures

8. Security and Data Protection: Requirements for data security, PCI DSS compliance, and GDPR compliance

9. Representations and Warranties: Standard commercial warranties and representations from both parties

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

11. Term and Termination: Duration of agreement and circumstances for termination

12. Confidentiality: Protection of confidential information exchanged between parties

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. E-commerce Provisions: Additional requirements for online merchants, including website requirements and online payment security

2. International Transactions: Specific provisions for merchants accepting international payments, including currency conversion and cross-border compliance

3. Recurring Payments: Additional terms for merchants offering subscription or recurring payment services

4. POS Terminal Requirements: Specific provisions for physical point-of-sale terminal usage and maintenance

5. Alternative Payment Methods: Specific terms for non-card payment methods like iDEAL, SEPA Direct Debit, or digital wallets

6. Fraud Prevention: Enhanced fraud monitoring and prevention requirements for high-risk merchants

7. Reserve Requirements: Terms for maintaining a reserve account for high-risk merchants or large transaction volumes

Suggested Schedules

1. Schedule 1 - Pricing Schedule: Detailed fee structure including transaction fees, monthly fees, and special service fees

2. Schedule 2 - Technical Integration Requirements: Technical specifications for payment system integration

3. Schedule 3 - Service Level Agreement: Detailed service levels, response times, and performance metrics

4. Schedule 4 - Security Requirements: Detailed security protocols and PCI DSS compliance requirements

5. Schedule 5 - Supported Payment Methods: List of supported payment methods and associated terms

6. Schedule 6 - Processing Limits: Transaction volume limits and velocity checks

7. Appendix A - Prohibited Activities: List of prohibited merchant activities and restricted business types

8. Appendix B - Required Documentation: List of required merchant documentation and ongoing compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































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Relevant Industries

Retail

E-commerce

Hospitality

Food and Beverage

Travel and Tourism

Professional Services

Healthcare

Education

Entertainment

Transportation

Digital Services

Subscription Services

Relevant Teams

Legal

Finance

Treasury

Operations

Risk Management

Compliance

Commercial

Business Development

Merchant Services

E-commerce

Retail Operations

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Payments Manager

Commercial Director

Business Development Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Director

E-commerce Manager

Retail Operations Manager

Financial Controller

Account Manager

Merchant Services Specialist

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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