a.For every Charge or Credit, you must create an electronically reproducible Charge Record or Credit Record at the time of purchase that complies with the Specifications or in a form approved by us containing the following information:
i.full Card number or Token for Charge Records;
ii.the expiry date of the Card;
iii.the date the Charge or Credit was incurred;
iv.your Establishment's name, address and Establishment Number;
v.the amount of the Charge or Credit, including applicable taxes;
vi.for Charge Records, a description of the goods and services purchased;
vii.for Charge Records, the Authorisation approval code number; and
viii.all other information as required from time to time by us or Applicable Law.
b.On copies of Charge Records delivered to Cardmembers, you must truncate the Card number and you must not print the Card's expiry date nor the CID. Truncated Card Number digits must be masked with replacement characters such as "x," " *," or "#," and not blank spaces or numbers;
c.You may create multiple Charge Records for a single purchase placed on different Cards, but you must not create multiple Charge Records for a single purchase to the same Card, by dividing the purchase into more than one Charge, except in the case of a Delayed Delivery Charge or where we have authorised you to do so for Charges above a certain value.
d.For Corporate Purchasing Card (CPC) Charges, you must comply with our Charge Record requirements above. In addition, you are required to capture additional Card Data on the Charge Record, and Transmission Data on the Transmissions, according to our Specifications, including:
i.CPC reference information (e.g., purchase order number);
ii.the CPC Client Account information;
iii.the purchase price of the goods with the actual amount of taxes charged shown separately, where taxes are applicable;
e.You must process CPC Charges under your CPC Establishment Number.
a.Establishments must submit Transactions, whether electronic or paper, in Local Currency, or in the case of an Establishment that we have approved for processing on the American Express multi-currency platform, in accordance with the Agreement, unless American Express otherwise agrees in writing or unless required by Applicable Law. Any currency conversions made by American Express pursuant to the Agreement shall be made as of the date of processing the Transaction by American Express or at such other date as American Express may provide notice. Unless a specific rate is required by Applicable Law, American Express will use conversion rates based on interbank rates that American Express selects from customary industry sources on the business day prior to the processing date.
b.If, after the effective date of the Agreement, an Establishment wishes to permit customers to make purchases or payments in a currency not listed in the Specifications and not previously agreed to by American Express as an eligible currency on the American Express multi-currency platform, you shall immediately notify American Express in writing; and you shall, after written notice from American Express of our agreement to your submission of Charges in that currency, submit Charges in that currency. If American Express does not agree to your submission of Charges in a currency not listed in the Specifications, you must not submit Charges in such currency.
c.In all cases, submission and payment of Transactions will be subject to immediate review and amendment in the event that Applicable Law, regional volatility, or other unforeseen events inhibit the settlement operation for either party.
a.You must submit all Charges to us within seven (7) days of the date they are incurred, provided that you must wait to submit Charges until you have shipped the goods or provided the services to the Cardmember, after which you have seven (7) days to submit such Charges.
b.The deposit element of a Delayed Delivery Charge and any Advance Payment Charges may be submitted before the goods are shipped or services provided. See Subsection 2.3.2, " Delayed Delivery Charges" and Subsection 2.3.3, " Advance Payment Charges".
a.If you are located in the EEA, you must not submit Charges where the full exact amount is not specified when the Cardmember consents to the Transaction. Without prejudice to our Chargeback rights generally, if you do so, and the Card is issued in the EEA, we will have Chargeback rights for the full amount of the Charge for a period of one hundred and twenty (120) days from the date of submission of the Charge, and thereafter for any disputed portion of the Charge (up to and including the full amount). If the Cardmember consents to an adjusted Charge amount, we may exercise our Chargeback rights accordingly. A Cardmember may provide consent, e.g., by completing a valid CVM, excluding Cardmember signature, in the course of your following the procedures set out for an In-Person Charge in Section 2.1, "In-Person Charges".
a.You must create a Credit Record for every Credit and submit Credits to us within seven (7) days of determining that a Credit is due. You must not issue a Credit when there is no corresponding Charge. Establishments must submit the Credit under the Establishment Number where the Credit originated. You must submit a Credit only for the value of the corresponding Charge, excluding the Merchant Service Fee. We will deduct the full amount of the Credit from our payment to you (or, if you have signed a direct debit mandate, debit your Account), but if we cannot, then you must pay us promptly upon receipt of our notification. If you issue a Credit, we will not refund the Discount or any other fees or assessments previously applied on the corresponding Charge and may charge you a fee for processing the Credit. You must submit all Charges and Credits under the Establishment Number of the Establishment where the Charge or Credit originated. A credit shall be issued in the currency in which the original Charge was submitted to us.
b.You must issue Credits to the Card account used to make the original purchase, unless it was made with a Prepaid Card that is no longer available for the Cardmember's use, or unless the Credit is for a gift that is being returned by someone other than the Cardmember that made the original purchase, in which case you may apply your refund policy. Charges and Credits will be deemed accepted on a given business day if processed by us before our deadline for processing Charges and Credits for that day at the relevant location.
c.You must not give cash refunds to Cardmembers for goods or services they purchase on the Card, unless required by law. You must disclose your refund policy to Cardmembers at the time of purchase and in compliance with Applicable Law.
a.If you have an electronic POS System, you must submit Charges and Credits electronically over communication links (Transmissions). Transmissions must comply with the Specifications. We need not accept any non-compliant Transmissions or Charge Data. You must place additional, less, or reformatted information on Transmissions within thirty (30) days written notice from us. Even if you transmit Charge Data electronically, you must still complete and retain Charge Records and Credit Records.
b.If you upgrade your system for Chip Card acceptance for Other Payment Products, you agree to comply with Specifications that we provide to you to enable Chip Card acceptance.
c.You must ensure your POS System meets all relevant mandates and certification requirements as required and in accordance with the compliance dates notified to you by American Express, including but not limited to:
§POS Systems need to be American Express Chip/American Express Integrated Circuit Card Payment Specifications (AEIPS) compliant
§Contactless reader POS Systems need to be American Express Expresspay compliant
d.American Express may choose to notify you in writing or via its Merchant Specifications Website (www.americanexpress.com/merchantspecs) or its successor website.
e.With our prior approval, you may retain, at your expense, a Processor which (together with any of your other Covered Parties) you must ensure cooperates with us to enable your Card acceptance. You, and not American Express, are responsible and liable for any problems, errors, omissions, delays, or expenses caused by your Processor including in relation to the handling of confidential Cardmember Information; and for any fees that your Processor charges us or our Affiliates, or that we or our Affiliates incur as a result of your Processor's system for transmitting requests for Authorisations and Charge Data to us or our Affiliates; and your Processor's compliance with the Specifications. You must ensure that your Processor has sufficient resources and security controls to comply with all standards, including but not limited to technical standards, guidelines or rules including to prevent internet fraud and protect the personal data of the Cardmember, including data related to Transactions, under Applicable Law. We may bill you for any fees charged by your Processor or deduct them from our payments to you. You must notify us promptly if you change your Processor and provide us, on request, with all relevant information about your Processor.
f.Notwithstanding the foregoing, if commercially reasonable and not prohibited by any of your other agreements, you will work with us to configure your Card Authorisation, submission, and POS System equipment or systems to communicate directly with our systems for Authorisations and submissions of Charge Data.
a.If, due to extraordinary circumstances, you are required to submit Charges and Credits on paper, you must submit Charges and Credits in accordance with our instructions. We are not obliged to agree to paper submissions and we reserve the right to charge a fee for Charges and Credits submitted on paper. Such fee will be notified to you in advance.
a.In the event that American Express’ reconciliation of Charges indicates an error (e.g., incorrect calculations, inclusion of another party’s charge forms, inclusion of invalid Card Numbers), the following procedures will apply:
i.The adjustment will be calculated in the currency in which the Charges were submitted.
ii.If monies are to due American Express, American Express shall, upon presentation to you or the Establishment, as applicable, of appropriate documentation substantiating the amount due, deduct such amount from the payment due to the relevant Establishment, in American Express’ discretion, for such submission.
iii.Establishments must notify American Express in writing of any error or omission in respect of the Discount or other fees or payments for Transactions or Chargebacks within ninety (90) days of the date of the statement containing such claimed error or omission, or American Express will consider the statement to be conclusively settled as complete and correct in respect of such amounts. In the event monies are due to you or the Establishment, as applicable, American Express shall add the appropriate amount to payment due for said submission.