1   Introduction

1.1   About the Merchant Regulations

1.2   Changes in the Merchant Regulations

1.3   Compliance with our Specifications

1.4   The American Express Bank Identification Numbers

1.5   Compliance with our Data Security Operating Policy

 

1.1     About the Merchant Regulations

a.The Merchant Regulations set forth the operational policies and procedures governing your acceptance of the American Express® Card. In the event of any conflict between the Merchant Regulations and Applicable Law, the requirements of law govern. The Merchant Regulations contain global policies that apply to your Establishments and country-specific policies that apply to your Establishments located in the specific country listed. In the event of any conflict between the global policies and country-specific policies, the requirements of the country-specific policies take precedence. In order to ensure that these policies and procedures are kept up to date, we will periodically update them as set out in these Merchant Regulations.

1.2     Changes in the Merchant Regulations

a.We reserve the right to change the Merchant Regulations (including by adding new terms or deleting or modifying existing terms) by providing the Merchant Regulations in electronic form at www.americanexpress.com/InternationalRegs or its successor website (as made available by us). Any future changes to the Merchant Regulations are set out in the Notification of Future Changes section of the Merchant Regulations. Revised versions of the Merchant Regulations will be published twice per year, in April and October, and the revised versions will be available on the website referred to above. In exceptional circumstances, it may be necessary to make changes to the Merchant Regulations outside of this cycle. If this is the case, we will notify you of any changes in accordance with your Agreement.

1.3     Compliance with our Specifications

a.You must comply with our Technical Specifications, any other (or different) requirements of our local operating centres, and other documents required to support Authorisation, Submission, Communication, and Connectivity as found at www.americanexpress.com/merchantspecs, which may change from time to time. The American Express Network publishes the Technical Specifications twice a year, in April and October. Technical changes to implement or support, as well as any certification requirements and/or compliance dates, will be communicated six (6) months prior to publication in a Notice of Specification Changes (NOSC). Technical Bulletins may also be used to communicate changes occurring outside of the April and October publication schedule. Failure to comply with the Technical Specifications may impact your ability to successfully process Authorisation requests or Transactions (or both).

1.3.1      Merchant Category Codes

 

a.You must provide us with an accurate and complete description of your business so we can assign a Merchant Category Code (MCC) and industry classification to your Merchant Number. You must use the most accurate MCCs in all Authorisations and Submissions. If you have multiple, distinct businesses that may qualify for more than one MCC, we will assign the appropriate MCCs and Merchant Numbers. If you have multiple businesses, but a distinction between them is unclear, then we will assign the MCC most closely representing your primary business.

b.If the MCC used in the Submission does not match the MCC of the corresponding Authorisation, you agree to remediate the mismatch as soon as possible, at your own expense and in accordance with any instructions you may receive from us.

c.We reserve the right to require corrections to the MCC assignments and use.

1.3.2       Compliance with Payment Products Terms and Conditions

a.We offer various payment processing solutions and products. If you choose to utilise one or more such products, you and any third parties you enlist must comply with the corresponding terms and conditions, which we may update from time to time, and which are available at www.americanexpress.com/merchantspecs. In the event of any conflict between the terms and conditions of the payment processing product and the Merchant Regulations, the terms and conditions of the payment processing product will prevail. All products and services may not be available to all Merchants.

1.4     The American Express Bank Identification Numbers

a.Merchants may request American Express Bank Identification Number (BIN) files only for purposes specified in the BIN terms and conditions (T&C).

b.Merchants must agree with the BIN T&C located within the website listed below before BIN file request is fulfilled.

c.Requests for American Express BIN files are available at www.americanexpress.com/merchantspecs and can be accessed by entering your user ID and password.

d.Note: BIN files may be updated periodically.

1.5     Compliance with our Data Security Operating Policy

a.You must comply with our Data Security Operating Policy, as set forth in the Data Security Operating Policy (DSOP). You agree to be bound by and accept all provisions in that policy (as changed from time to time) as if fully set out herein and as a condition to your agreement to accept the Card. Under that policy you have additional (i) indemnity obligations if you suffer a Data Incident and (ii) obligations based on your Transaction volume, including providing to us documentation validating your compliance with the PCI DSS. Your data security procedures for the Card shall be no less protective than for other payment products you accept.