Amendment: Section 1.6(i) of the Merchant Agreement
Pursuant to section 1.6(i) of the Merchant Agreement, the following terms contained in the Merchant Application, Terms and Conditions (the “Agreement”) have been amended, effective May 9, 2025, and will be posted on this page for seven (7) consecutive days to serve as notice to the Merchant of same:
Merchant’s right to cancel – Debit/Credit
Merchant may cancel the Agreement without penalty in the event of; a fee increase, except one made in accordance with a pre-determined fee schedule in the contract; the introduction of a new fee; or a reduction in applicable interchange rates that is not fully passed on to the merchant. The merchant can also cancel their agreements with Acquirers and Downstream Participants, including any Related Service Agreements, without any form of penalty, within 70 calendar days after the effective date of: an increase of any existing Acquirer/Processor Fee or applicable domestic PCNO Core Fee passed on in part or in full to a merchant, the introduction of a new Acquirer/Processor Fee or applicable domestic PCNO Core Fee passed on in part or in full to a merchant; and/or a reduction in applicable domestic PCNO Core Fees that are not passed on in full to a merchant. In absence of the aforementioned events and in accordance with section 1.4 and section 1.6(g) of the Merchant Agreement, Merchant acknowledges that the Agreement may not be canceled within the Initial Term as outlined in section 1.4 or during any automatic renewal period.
(g) FEES AND CHARGES
Merchant will pay to PSP Services the fees and charges set forth on Schedule A through E. PSP Services may adjust all charges set forth to reflect changes in, or additions to, (i) Association fees (including but limited to interchange, assessments, and all other Association fees, costs or charges) or (ii) pricing of third party vendor goods or services used in connection with the provision of services hereunder. All such adjustments will be effective between 30 and 60 calendar days prior to the effective date of the change. Amounts due from Merchant hereunder, including but not limited to all fees, charges, amounts required, in PSP Services’ sole discretion, to fund the Reserve Account and adjustments incurred by Merchant will be debited through EFT from Merchant’s Account or withheld from daily payments to Merchant. The fees and charges herein are based upon Merchant’s representations regarding annual anticipated transaction volume, amount, and type, all as set forth on Schedule A through E. To the extent that any such representations are not as anticipated, PSP Services may adjust the fees
and charges hereunder to fees and charges appropriate for the actual, as opposed to anticipated, Transaction volume, amount, and type. PSP Services may add fees for additional services utilized by Merchant between 30 and 60 calendar days prior to the effective date of the change. With respect to a Merchant who is not paying a Discount Fee of “Interchange Plus,” the Qualification Rates set forth on Schedule B assume that each Transaction is a Qualifying Transaction. If any Transaction is a Mid or Non- Qualifying Transaction, then Merchant will be charged the Mid or Non- Qualifying Fees (as applicable and as set forth on Schedule A). Non- Qualifying fees are in addition to the increased Association interchange rates and fees which will also be charged to the merchant. Information concerning Visa and MasterCard interchange rates is available respectively, at www.visa.com, and www.mastercard.com. Acquirers or Downstream Participants, as applicable, will notify their merchants between 30 and 60 calendar days prior to the effective date of 1. any new or increased Acquirer/Processor Fee passed on in part or in full to merchants. 2. any new or increased applicable domestic PCNO Core Fee passed on in part or in full to merchants; or 3. any reductions in applicable domestic PCNO Core Fees not passed on in full to merchants. For all types of Card processing plans, the notice to merchants will clearly state 1. The previous and the new amount(s) of interchange rates, wholesale discount rates, network assessment fees, or any other rate and fee charged by the Acquirer or Downstream Participant 2. Whether the change is originating from the PCNO, Acquirer, or Downstream Participant 3. The amount of the change that will be passed on to the merchant: and 4. That the merchant has a right to provide notice of its intent to exit its agreement without penalty within seventy calendar days after the effective date of the upcoming change. The notice to the merchant must include the date on which the (70) calendar day period expires. If a merchant’s agreement has no fixed term or penalties for cancellation, the merchant must be provided instead with a reminder of its right to exit without penalty at any time. Notification is not required for Acquirer/Processor Fee or PCNO Core Fee changes made in accordance with pre-determined schedules, such as those based on merchant sales volume or the end of the promotional offer or period, provided that the schedules are included in the merchant agreement.
PSP Services may increase the fees in Schedule A or introduce a new fee, upon providing prior notice to Merchant. Merchant may terminate the Merchant Agreement without any early termination fee or other penalty within seventy (70) calendar days after the effective date of the upcoming change. Where Merchant receives a notice from PSP Services regarding a reduction in interchange fees applicable to it, and PSP Services does not pass through the full savings from such a reduction to the Merchant, the merchant can also cancel their agreements with Acquirers and Downstream participants, including any related service agreements related to the provision of Card processing, including Related Service Agreements, without any form of penalty, within 70 calendar days after the effective date of the following: an increase of any existing Acquirer/Processor Fee or applicable domestic PCNO Core Fee passed on in part or in full to a merchant, the introduction of a new Acquirer/Processor Fee or applicable domestic PCNO Core Fee passed on in part or in full to a merchant; and/or a reduction in applicable domestic PCNO Core Fees that are not passed on in full to a merchant. After a merchant provides notice of its intent to exit, the Acquirer or Downstream Participant will send the merchant any necessary documentation to process the cancellation within five (5) business days. The cancellation will become effective on the date requested by the merchant, provided that: 1. The merchant has fulfilled any outstanding obligations for cancellation (e.g., rental equipment returned, and necessary forms signed); and 2. The requested date is at least 30 Calendar days after the date the merchant submits any required cancellation documentation, unless an earlier date is agreed to by both parties. The right to cancel agreements without penalty does not apply for Acquirer/Processor Fee for PCNO Core Fee increases made in accordance with pre-determined schedules, such as those based on merchant sales volume or the end of a promotional offer or period, provided that the schedules are included in the merchant’s agreement. Where an Acquirer or Downstream Participant is providing services not related to the processing of Card payments, and where the provision and the amounts charged in respect of those unrelated services do not depend on the Acquirer or Downstream Participant providing Card payment processing services, this section does not apply to the provision of those unrelated services. In absence of the aforementioned events and in accordance with section 1.4 and section 1.6(g) of the Merchant Agreement, Merchant acknowledges that the Agreement may not be canceled within the Initial Term as outlined in section 1.4 or during any automatic renewal period. Fees payable by Merchant hereunder shall be paid within 2 business days of the Merchant Statement unless they have been paid earlier by offset from settlement to the Merchant. If PSP Services receives refunds of fees paid by it to a Payment Network and such refunds are not specifically designated as being the property of the Merchant, PSP Services shall have no obligation to remit such refunds to the Merchant. Information on no less than a monthly basis. All information appearing on the Merchant Statement shall be deemed accurate and affirmed by Merchant unless Merchant objects by written notice specifying the item in dispute within 30 days of the date of the Merchant Statement. Delivery of the Merchant Statement may be in written or electronic form. Where Merchant has not contested the accuracy of a Merchant Statement within such 30 days, Merchant hereby renounces any right to contest the payments contemplated therein or otherwise related to the period covered by the statement or those that precede it.