“Anti Fraud Checking” means a series of checks made on a Web Payment Transaction (payment only).
“Application Provider” means a third party who provides to and hosts on behalf of an Applicant an application that requires certification under PCI DSS. “Approved Application Provider” means an Application Provider who meets the security standards set out by the Bank and card scheme providers;
“Business Hours” means hours between 9am and 5pm Eastern Australian Standard Times on Business Days.
“Bank” means in respect of Bank Direct Entry, otherwise, the Bank specified in the Merchant Application.
“Credit Card Agreement” means an agreement between the Applicant and a Bank or card scheme provider (in the case of American Express, Diners Club and JCB) that provides credit card or charge card facilities authorizing the Applicant to process credit card or charge card payments;
“Direct Entry Agreement” means an agreement between the Applicant and the Bank that provides direct entry facilities authorizing the Applicant to process direct entry transactions;
“Execution Date” means the date of acceptance by the Applicant of these Terms and Conditions.
“Fees” means amounts billable by UTL to the Applicant under this Merchant Application.
“Fraud Guard” means the service of Anti Fraud Checking;
“GST” means any tax payable under the ‘A New Tax System (Goods and Services Tax) Act 2016’ and any related or replacement act;
“Integration Guide” means the integration guide relevant to the Interface set out on the website of UTL, as amended from time to time;
“Merchant Application” means either an online or paper based application for the provision by UTL of Payment Services which refer to these online Terms and Conditions;
“Payment Services” means Transaction processing services provided by UTL utilizing the Payment System including the provision of access via the web to a merchant management facility and the distribution of emailed Transaction reports, as applicable;
“Payment System” means the software and technology system known as UTL or Direct One payments gateway enabling a payment to be made using either a phone or a website;
“Transaction” means a payment, pre-authorization of a payment, refund or reversal attempted by the Applicant or their customer, via a credit card or charge card or via direct entry, as applicable;
“Transaction Entitlement” means the number of Transactions able to be processed by the Applicant specified in the relevant price plan within the Term.
UTL agrees to provide the Payment Services to the Applicant for the purpose of processing Transactions via the Payment System.
UTL will attempt to process via the Payment System Transactions made using:
1. Any MasterCard Card issued by a member or affiliate of MasterCard International Inc, on which the MasterCard marks appear, and any other card conforming to the Standards established by MasterCard International Inc.;
2. Any Visa Card issued by a member or affiliate of Visa International on which the Visa marks appear, and any other card conforming to the Standards established by Visa International; and
3. Any duly authorised American Express, Diners Club or JCB credit card which has been approved by UTL
4. Direct entry, subject to a valid Credit Card Agreement and Direct Entry Agreement, as applicable, being in place in respect of each type of Transaction to be processed.
UTL will maintain the confidentiality of each Transaction and will not collect or otherwise deal in commercially sensitive information, except to the extent necessary for the Payment Services.
The Applicant must pay to UTL the Fees within 30 days of invoice date. Transaction Fees without FraudGuard are charged for or deducted from the Transaction Entitlement on Transactions that are either approved or declined by the Bank. Transaction Fees with FraudGuard are charged for or deducted from the Transaction Entitlement on Transactions reviewed by Anti Fraud Checking. UTL is not obliged to refund any portion of the Fees in the event that this Merchant Application is terminated for any reason. In the event you default in making payment and recovery action is undertaken, you will be responsible for all expenses in relation to the collection of the outstanding amount including, but not limited to, all charges and fees, legal costs on an indemnity basis, and disbursements.
The Applicant authorises UTL, the Bank and any other required party to:
1. Discuss any matter that relates to the establishment of an Internet Merchant Account, the provision of the Payment Services and the Applicant’s Obligations,
2. Complete and/ or correct any details in this Merchant Application, and
3. Provide where necessary a copy of this Merchant Application as evidence of the granting of such authority.