a.Before submitting your first Recurring Billing Charge you must:
i.clearly and conspicuously disclose all material terms of the offer including, if applicable, the fact that Recurring Billing Charges will continue until the option is cancelled by the Cardmember;
ii.disclose details of your cancellation/refund policy, and obtain the Cardmember's consent to bill their Card and the Recurring Billing Charges terms before submitting the first Recurring Billing Charge;
iii.obtain the Cardmember's name, the Card number, the Cardmember's signature (if applicable), Card expiry date, the Cardmember's billing address, and a statement confirming consent:
a.for you to charge their Card for the same or different amounts at specified or different times; and
b.that the Cardmember can withdraw such consent at any time.
iv.comply with any instructions of which we may reasonably notify you; and
v.notify the Cardmember that they are able to discontinue Recurring Billing Charges at any time and provide contact details for cancelling Recurring Billing Charges.
b.The method you use to secure the Cardmember's consent must contain a disclosure that you may receive updated Card account information from the financial institution issuing the Cardmember's Card. You must retain evidence of such consent for two (2) years from the date you submit the last Recurring Billing Charge.
c.In addition to our other Chargeback rights, we may exercise Chargeback for any Charge that does not meet the requirements set forth in this Subsection 2.3.1, " Recurring Billing". We may exercise our Chargeback rights for any Charge of which you have notified the Cardmember and to which the Cardmember does not consent.
d.Before submitting any Recurring Billing Charge you must:
i.obtain Authorisation; and
ii.create a Charge Record including indicators that the Transaction is a Recurring Billing Charge.
e.Before submitting any "Signature on File" Charge you must:
i.obtain Authorisation; and
ii.create a Charge Record with the words "Signature on File" and the appropriate electronic descriptor.
f.The cancellation of a Card constitutes immediate cancellation of that Cardmember's consent for Recurring Billing Charges. We need not notify you of such cancellation, nor will we have any liability to you arising from such cancellation. You must discontinue the Recurring Billing Charges immediately if requested to do so by a Cardmember directly, or through us or the financial institution issuing the Cardmember's Card. If a Card account is cancelled, or if a Cardmember directly (or through us or the Card issuer) withdraws consent to Recurring Billing Charges, you are responsible for arranging another form of payment (as applicable) with the Cardmember (or former Cardmember).
g.If the Agreement is terminated for any reason, then you shall at your own cost notify all Cardmembers for whom you have submitted Recurring Billing Charges of the date when you will no longer be accepting the Card. At our option you will continue to accept the Card for up to ninety (90) days after any termination takes effect.
a.If you are located in the EEA, and in relation to a Card issued in the EEA, if you submit a Recurring Billing Charge for an amount which was not specified in full when the Cardmember provided consent to Recurring Billing Charges and you do not obtain the Cardmember's consent specifically in relation to the full exact amount of such Charge, we will have Chargeback rights for the full amount of the Charge for a period of one hundred and twenty (120) days from submission of the applicable Charge, and thereafter for any disputed portion of such Charge (up to and including the full amount). If the Cardmember consents to an adjusted Charge amount, we may exercise our Chargeback rights accordingly. Nothing in this paragraph will prejudice our Chargeback rights generally in relation to Recurring Billing Charges.
b.If notification is required prior to each varying Recurring Billing charge, you must notify the Cardmember of the amount and date of each Recurring Billing Charge:
i.at least ten (10) days before submitting each Charge; and
ii.whenever the amount of the Charge exceeds a maximum Recurring Billing Charge amount specified by the Cardmember.
c.You will permit us to establish a hyperlink from our website to your website (including its home page, payment page or its automatic/recurring billing page) and list your customer service contact information.
a.You may accept the Card for Delayed Delivery Charges. For a Delayed Delivery Charge, you must:
i.clearly disclose your intent and obtain written consent from the Cardmember to perform a Delayed Delivery Charge before you request an Authorisation;
ii.obtain a separate Authorisation for each of the two (2) Delayed Delivery Charges on their respective Charge dates;
iii.clearly indicate on each Charge Record that the Charge is either for the "deposit" or for the "balance" of the Delayed Delivery Charge;
iv.submit the Charge Record for the balance of the purchase only after the goods have been shipped or provided or services rendered;
v.submit each Charge Record within our submission timeframes, and any in case, within seven (7) days of the Charge being incurred. The Charge will be deemed "incurred":
a.for the deposit: on the date the Cardmember agreed to pay the deposit for the purchase
b.for the balance: on the date the goods are shipped or provided or services are rendered
vi.submit and obtain Authorisation for each part of a Delayed Delivery Charge under the same Establishment Number; and
vii.treat deposits on the Card no differently than you treat deposits on all Other Payment Products.
a.Advance Payment Charge procedures are available for custom orders (e.g., orders for goods to be manufactured to a customer's specifications), entertainment / ticketing (e.g., sporting events, concerts, season tickets), tuition, room and board, and other mandatory fees (e.g., library fees) of higher educational institutions, airline tickets, vehicle rentals, rail tickets, cruise line tickets, lodging, and travel-related services (e.g., tours, guided expeditions).
b.If you offer Cardmembers the option, or require them to make Advance Payment Charges, you must:
i.state your full cancellation and refund policies, clearly disclose your intent and obtain written consent from the Cardmember to bill the Card for an Advance Payment Charge before you request an Authorisation. The Cardmember's consent must include:
a.his or her agreement to all the terms of the sale (including price and any cancellation and refund policies); and
b.a detailed description and the expected delivery date of the goods and/or services to be provided (including, if applicable, expected arrival and departure dates);
ii.obtain Authorisation; and
iii.complete a Charge Record.
c.If the Advance Payment Charge is a Card Not Present Charge, you must also:
i.ensure that the Charge Record contains the words "Advance Payment"; and
ii.within twenty-four (24) hours of the Charge being incurred, provide the Cardmember written confirmation (e.g., email or facsimile) of the Advance Payment Charge, the amount, the confirmation number (if applicable), a detailed description and expected delivery date of the goods and/or services to be provided (including expected arrival and departure dates, if applicable) and details of your cancellation/refund policy.
d.If you cannot deliver goods and/or services (e.g., because custom-ordered merchandise cannot be fulfilled), and if alternate arrangements cannot be made, you must immediately issue a Credit for the full amount of the Advance Payment Charge which relates to the goods or services which cannot be delivered or fulfilled.
e.In addition to our other Chargeback rights, we may exercise Chargeback for any Advance Payment Charge that is a Disputed Charge or portion thereof if, in our sole discretion, the dispute cannot be resolved in your favour based upon unambiguous terms contained in the terms of sale to which you obtained the Cardmember's written consent.
a.This Subsection 2.3.4, " Aggregated Charges" applies only to Transactions processed by your Establishments conducting business over the internet. You may process Aggregated Charges provided the following criteria are met:
i.you clearly disclose your intent and obtain consent from the Cardmember that their purchases or refunds (or both) on the Card may be aggregated and combined with other purchases or refunds (or both) before you request an Authorisation;
ii.each individual purchase or refund (or both) that comprises the Aggregated Charge must be incurred under the same Establishment Number and on the same Card;
iii.obtain Authorisation of no more than the applicable limit shown in Chapter 4, "Country Specific Policies" (or Local Currency equivalent) or such other amount as notified to you;
iv.create a Charge Record for the full amount of the Aggregated Charge;
v.the amount of the Aggregated Charge must not exceed the applicable limit set forth in Chapter 4, "Country Specific Policies" (or such other amount as notified to you) or the amount for which you obtained Authorisation, whichever is lower;
vi.submit each Charge Record within our submission timeframe. A Charge will be deemed "incurred" on the date of the first purchase or refund (or both) that comprises the Aggregated Charge; and
vii.provide the Cardmember with an email containing:
a.the date, amount, and description of each individual purchase or refund (or both) that comprises the Aggregated Charge, and
b.the date and the amount of the Aggregated Charge.
a.If we classify you in one of the following industries, you may process No Show Charges provided that the criteria set out below are met:
§lodging,
§trailer park/campground, or
§vehicle, aircraft, bicycle, boat, equipment, motor home, or motorcycle rentals.
b.The amount of any No Show Charge must not exceed:
i.the cost of the stay in the case of a lodging reservation; or
ii.the equivalent of one (1) day's rental in the case of other reservations.
c.If the Cardmember made a reservation with you and failed to show, you may process a No Show Charge if:
i.the Cardmember has guaranteed the reservation with their Card;
ii.you have recorded the Card number, its expiry date and the Cardmember's billing address;
iii.at the time of accepting the reservation you provided the Cardmember with the applicable daily rate and a reservation number or confirmation code;
iv.you held the accommodation/vehicle for the Cardmember until the published check-out/return time the day following the first day of the reservation and you did not make the accommodation/vehicle available to any other customers; and
v.you have a documented "No Show" policy, which reflects common practice in your industry and is in accordance with the prevailing law, which policy has been advised to the Cardmember at the time they made the reservation.
d.You must obtain an Authorisation for any No Show Charges prior to submitting them. If the Cardmember does not honour their reservation, you must include in the Charge Record an indicator that the Charge is a "No Show Charge".
e.Prepaid Cards may not be used to guarantee reservations.