Merchant Agreement –
Summary of Key Terms
The information contained in this summary of key terms is not intended to replace or act as a substitute to the actual Merchant Agreement (“Agreement”) or the terms and
conditions contained therein. The Merchant confirms having read and understood the entire Agreement before signing or electronically accepting the Agreement. All capitalized
terms contained in this summary have the same meaning as set out in the Agreement.
Contract Term and
Early Termination
• 3 years
• This Agreement may be terminated before the end of the term by either party upon written notice or by Flexiti in accordance with
section 11 (b) of the Agreement
Cost of Tablet and
Repair or Replacement
(applicable to tablet
users only)
• $19.99/month if wireless data plan is provided by Merchant and $29.99/month (plus any charges for data overages) if wireless data plan is
provided by Flexiti.
• Merchant is responsible for all costs related to the replacement of the tablet, in the event of loss or theft, misuse, excessive wear and tear or
violation of the manufacturer’s warranty.
• Flexiti will promptly provide Merchant with a replacement tablet following loss, theft or damage
Training and
Operating Procedures
• Merchant and Merchant’s Personnel will adhere to all account opening and operating procedures as determined by Flexiti
• Merchant is responsible for the security of the tablet and for any unauthorized use of the tablet or Merchant App by Merchant and
Merchant’s Personnel
• Merchant is responsible for Merchant Personnel’s training, access and use of the Merchant App and is liable for any unauthorized use of the
Merchant App or breach of any Merchant Procedures
• Merchant will ensure all Applications are completed by an Applicant in accordance with the Merchant Procedures
Application Process
and Identification of
Customer
• Merchant will ensure Customer is presented with and given an opportunity to review Flexiti’s Cardholder Agreement before completing an
Application.
• Merchant will ensure Customer provides a valid, accessible email address at the time the Customer submits an Application
• Merchant will act as Flexiti’s agent for the purpose of confirming the identity of the Customer and that they will not process an Application
where identification of the Customer is unavailable or expired, or where the photograph and/or signature on the identification is not similar
in appearance to the Customer’s appearance and/or signature at the point of sale
Merchant Discount
Rate
• A Merchant Discount Rate (“MDR”) may apply to certain Credit Transactions. The MDR will be determined by Flexiti from time to time, and is
subject to change
Payment to Merchant
• Flexiti will credit Merchant’s account for the amount of the Credit Transaction after each transaction, less the applicable MDR
• Flexiti may withhold amounts otherwise payable to the Merchant necessary to cover any MDRs, Chargebacks, Dispute Resolution Fees,
Tablet Subscription Fees and Charges or any other amounts that may be payable by Merchant to Flexiti
• Flexiti may set o against the amount withheld monies owed to Flexiti by Merchant on account of MDRs, Chargebacks, Dispute Resolution
Fees, Tablet Subscription Fees and Charges or any other amounts that may be payable by Merchant to Flexiti
Returns and
Adjustments
• Upon return of Goods, the termination or cancellation of any Services, or any price adjustment on any Goods and/or Services, the Merchant will
not provide the Customer a cash refund, but will generate a credit to the Customer to be applied immediately to his or her Flexiti Account
• Merchant will be credited MDR paid for Credit Transactions where a return or cancellation is made within thirty (3o) days of the Credit
Transaction
• Merchant will be credited the portion of the MDR payable on the dierence between the original price and the adjusted price of the Goods
or Services for any price adjustment made within thirty (30) days of the Credit Transaction
• The Merchant will receive no refund of the MDR in the event that the Merchant (a) accepts any Goods for return; (b) permits the termination
or cancellation of any Services; or (c) allows any price adjustment on any Goods and/or Services after the expiration of thirty (30) days from
the date the Credit Transaction for the Goods or Services was completed
Chargebacks
• Flexiti may chargeback to Merchant any transaction which Flexiti has taken reasonable steps to collect upon and reasonably deems to be
uncollectible as a result of Unresolved Cardholder Disputes, Improper Sales Floor Procedures or a breach of Merchant’s representations,
warranties or covenants
• Please see section 8 of the Agreement for the definition of ‘Unresolved Cardholder Disputes’ and ‘Improper Sales Floor Procedures’
Cardholder
Complaints and
Disputes
• Merchant must handle all complaints and disputes by Cardholders relating to purchases from Merchant, except any complaints or disputes
relating to a Cardholder’s statement of account or Flexiti’s method of billing
• In the event that Flexiti is required to investigate or handle a Cardholder complaint or dispute other than in relation to a Cardholder’s statement of
account or billing method wherein Flexiti determines in its discretion that Merchant is at fault, Merchant will reimburse Flexiti the sum of $25.00
per dispute
Set-O
• Flexiti will set-o any MDRs, Chargebacks, Dispute Resolution Fees, Tablet Subscription Fees, Charges and any other sums owing to Flexiti
from money due by Flexiti to the Merchant
• Merchant will immediately pay any amount which cannot be set o
• Payment will be made through direct debit of Merchant’s bank account
• In the event Flexiti is unable to directly debit any payment required from the Merchant’s bank account, and Merchant fails to immediately make
any payment required, Flexiti will have the right to pursue any remedies to obtain such amounts, or to set-o any amounts owed to Flexiti
• Flexiti, in its discretion, may require a Merchant to provide a security deposit for payment of MDRs, Chargebacks, Dispute Resolution Fees,
Tablet Subscription Fees or Charges and any other sums payable to Flexiti
Ownership of
Credit Card Accounts
• Merchant agrees and understands that Flexiti will establish, approve and own all Credit Card Accounts, and that Flexiti is the party extending
the credit on the Credit Card Accounts
Payments from
Cardholders
• Merchant agrees that it will not make an attempt to make any collections, or receive any payments, on any Credit Card Account or Sales Slip
submitted to Flexiti
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