You agree and confirm you understand that:
1.1 You represent that: (i) you are an authorized representative of the business (the "Merchant" or "you") identified on this Moneris Card Acceptance Form ("CAF") with the authority to enter into the Moneris Merchant Agreement and to bind the Merchant; and (ii) the information contained in this CAF is true and correct. This CAF reflects the Merchant's application for the requested services from Moneris Solutions Corporation ("Moneris" or "us"). Moneris is not obligated to provide any of the requested services until Moneris has completed its credit and other reviews of the Merchant and has determined in its sole discretion to approve the application.
1.2 Your complete Moneris Merchant Agreement ("Agreement") consists of and incorporates by reference: (i) this CAF, which includes your Information Summary Box, Fee Disclosure Box and Other Fees Disclosure Box; (ii) the Terms and Conditions and Schedules applicable to your services; (iii) the Operating Manual and Procedures; and (iv) the Card Brand Rules and Regulations and the Data Security Standards. All of the defined terms and documents referenced in subparagraphs (ii) to (iv) above are available for your review on our website at https://www.moneris.com/CAFTC and may be amended, restated, supplemented or otherwise modified from time to time.
1.3 Please ensure that you read your complete Agreement carefully, as it will become binding on you when you first use our services. If you are not able to access and review any part of your Agreement, please contact our Merchant Customer Service Centre at 1.866.319.7450 to request a copy. Your acceptance of any amendment, restatement, supplement or any other modification to the Agreement will occur when you first use our services following notice of any such amendment, restatement, supplement or modification.
1.4 If the Merchant receives a promotional offer (which may include waived fees, rebates and/or other promotional benefits) ("Promotional Offer") and the Agreement is terminated prior to the expiry of its term, the Merchant will pay us the amount (or value) of the Promotional Offer(s).
1.5 If the Merchant is an existing Moneris merchant ordering new services or making changes to existing services, this CAF and the Agreement amends and supplements any prior agreements between the parties.
1.6 If you choose to enable and use store and forward, force post or other similar features (sometimes called "advice" on your POS system) which allow you to process transactions that are not authorized by the issuing bank at the time you submit the transaction for acceptance, there are increased risks associated with this kind of payment processing. These risks may include that: (i) you may not receive settlement funds for some of these transactions because the cards may not have sufficient funds available; (ii) the cards may be blocked, stolen or fraudulently used; (iii) the stored transactions information on the POS terminals may be lost or damaged; or (iv) you may exceed the capacity of the POS terminals to store such transactions. You agree to assume these risks. In these situations, the risk of chargebacks is increased with limited or no remedies available for the merchant, even if chip and pin are used. You should only use store and forward or force post if you are prepared to assume these risks and you are allowed to do so by the Card Brand Rules and Regulations (which you should review on our website at http://www.moneris.com/CAFTC before enabling these features). It is your responsibility to monitor how your POS terminals, online payment solutions and merchant accounts are used and you are fully liable for all transactions processed using store and forward or force post. Again, if you are not sure you understand the risks or if you are permitted to use these features, please contact us.
1.7 If the Merchant has requested to process American Express Cards, Merchant's acceptance of American Express Cards is governed by and subject to the provisions applicable to American Express Cards in the Terms and Conditions.
1.8 Payment processing and related merchant and value-added services involve inherent risks, including, among other things, transactional, compliance, operational and reputational risks. Transactional risks are risks associated with the processing of Transactions. Compliance risks are risks related to non-compliance with the Card Brand Rules and Regulations, Data Security Standards and applicable laws. Operational risks are risks stemming from inadequate or failed internal processes, procedures, systems or employees. Reputational risks are risks that can negatively affect an organization’s industry and public reputation.