Terms of Services involving card-based payment methods for CPO

1. INTRODUCTORY PROVISIONS

1.1.

These Terms of Services involving card-based payment methods for CPO (hereinafter “Terms”) apply in the event that the Services involve the Service Provider’s engagement by the CPO in provision of Ad-Hoc Charging Services payable with Card-based Payment Methods (as defined below).

- - In such a case Ad-Hoc Charging Services will be provided directly by the Service Provider to the End-Users, as a party engaged by the CPO for the purpose of executing and settling Ad-Hoc Charging transaction, under the rules described herein, as well as under other terms of the This includes issuing invoices directly to the End-User in its own name, collecting charging fee and managing the financial settlement of the transaction with both the End-User and the relevant tax authorities.
  - By engaging the Service Provider in Ad-Hoc Charging Services with Card- based Payment Methods, the CPO accepts these Terms, as integral part of the Agreement and commits to comply with them.

1.2.

The capitalized terms used in these Terms are defined in the Agreement, in the Appendix point Definitions of this Appendix VI, as well as – for the purpose of this Exhibit E only also in point 2 hereof below (2. Definitions). In the event that these Terms define the term that has been already defined in other part of the Agreement differently, the definition provided in point 2 below, for the purpose of Services described herein, shall prevail.

1.3.

For the Card-based Payment Processing Services delineated herein, the Service Provider, along with its processing partners, shall endeavor to achieve an annual system availability rate of 88% for Payment Transactions during specified peak hours (06:00 – 00:30 CET). Beyond these peak hours, the Service Provider commits to aiming for an annual system availability rate of 99.5% for the Services. This provision – for the Payment Transaction processing Services described herein – replaces the availability terms specified in Appendix I to the Agreement (Service Level Agreement).

2. DEFINITIONS

2.1. Adjustment

Any refunds, returns, adjustments, fees, Penalties, surcharges, expenses (including but not limited to legal expenses), interchange fees and similar fees and assessments, and other payments or amounts due from CPO or for which CPO is liable under the Agreement with respect with respect to the Service Provider’s Services or Transactions, and shall include, for the avoidance of doubt, any amounts due as a result or a chargeback or refund.

2.2. Ad-Hoc Charging

An ad hoc charging service at the Charging Station involving charging (the Service or charging transfer of electricity to) an End-User’s electric vehicle, which is available on ad hoc basis without the need to register or conclude a written agreement provided at the CPO’ Charging Station with direct payment methods (like with the Payment Terminal, with the Web-app) and without a need to install any app or enter any other commercial relationship with the CPO or any other entity that goes beyond the mere purchase of the Charging Service.

2.3. Authorization Code

The authorization code representing a status of a reservation of an amount on the balance of the Cardholder. This reservation will be released after the conclusion of the Transaction and the actual used amount has been successfully captured.

2.4. Capture

The instruction to charge the End-User for the relevant Payment Transaction Prior authorization may be required by the applicable Scheme Owner.

2.5. Card

Including but not limited to: (i) any bank card, credit card, travel and entertainment card, commercial card, debit card, prepaid card, smart card, virtual card, or any other payment card, code or device and any physical or digital device or method by which to access an account that would traditionally by represented by such cards, and (ii) the account associated with any of the same.

Provisions on Card-based payments as included in these Terms apply accordingly to Wallet-based payments, in case such Payment Methods are available at the Charging Stations to be used for Ad-Hoc Charging.

2.6. Card Scheme

American Express, Mastercard, Visa and/or any other similar schemes, in relation to which Payment Service Provider is registered as a member or otherwise authorized to process Transactions.

2.7. Card Scheme Mark

The names, logos, service marks, trademarks, trade names, taglines or any other proprietary designations belonging to any Card Scheme.

2.8. Card Scheme Rule(s)

All current and future by-laws, rules, regulations, interpretations and other guidelines promulgated by any card scheme from time to

2.9. Chargeback(s)

A payment for an Ad-Hoc Charging Service that is successfully charged back at the request of the End-User or issuer of the End-User’s payment Card in accordance with the Card Scheme Rules applicable to the used payment method that are binding for the Service Provider, resulting in a cancellation of a transaction for which the Service Provider was paid, or was due to be paid, and an obligation to refund the relevant amount to the End-User.

2.10. Chargeback Fee

The fee charged by the Service Provider to a CPO for a chargeback.

2.11. CHIP and PIN

A Payment processing technology designed to provide an additional layer of technology security to credit and debit Card Transactions, making it more difficult for fraudsters to steal Card data and conduct unauthorized Transactions.

2.12. CPO

The term “CPO” (Charge Point Operator) means the Purchaser using CPO module, that, with its use, manages charging infrastructure, holds and processes Charging Points registered at the EVC-Net Platform and renders technically possible to conduct charging transactions at such point.

2.13. Default Event

Any occurrence where, in the sole (but reasonable) opinion of the Service Provider:

the CPO violates these Terms, applicable laws, or Card Scheme Rules;
the CPO undergoes insolvency proceedings, faces an inability to pay debts, or ceases operations;
the Transactions submitted include an unacceptable percentage of fraudulent or unauthorized transactions, violating Card Scheme Rules;
the CPO fails to comply with information or documentation requests from Service Provider, including customer due diligence and anti-money laundering matters;
False or misleading information is discovered;
the CPO engages in business misconduct;
Unapproved changes to business activities, practices, or bank settlement details occur;
the CPO incurs excessive chargebacks or violates Service Provider’s Chargeback thresholds;
A guarantor withdraws any guarantee;
the CPO engages in unapproved product sales or methods with the use of the Services;
the CPO account is substantially inactive for at least two (2) months;
the CPO processes Transactions for other purposes than Ad Hoc Charging;
the Security of funds provided by the CPO to Service Provider fails or ceases to have full force and effect;
Litigation, arbitration, investigation, or disputes, including those by Card Schemes, are initiated;
Proceedings or disputes against the CPO are commenced, reasonably likely to be adversely determined, and may result in a material adverse effect on CPO’s operations;
Events or omissions by CPO, its directors, or ultimate beneficial owners may impact compliance with obligations, negatively affecting integrity, reputation, or brand of Service Provider or Card Schemes, potentially leading to withdrawal from Card Schemes.

2.14. End-User

An End-User as defined in the Agreement, that uses the Ad-Hoc Charging at or Cardholder CPO’s Charging Station.

2.15. Fine

Any fine, assessment, uplifted service fee or other additional payment imposed by the Scheme Owners, regulatory or governmental authorities, and/or acquirers.

2.16. Service

A Service Provider, being a party to a merchant agreement with Provider Payment Service Provider and for whom Payment Service Provider processes transaction related to the Ad-Hoc Charging Services, performed as described herein.

2.17. Payment Method

A method of enabling Payments by End-Users for Ad-Hoc Charging Service.

18. Payment Processing

A Service allowing Card-based Payment Transactions through the use of a Payment Payment Processing can be carried out in one of the following ways:

Payter-like solutions, the Service Provider only provides payments acquiring;
Fully Managed solutions through cooperative companies, in this case, the Service Provider is responsible for the software management of the Payment Terminal and the associated gateway

2.19. Payment Service

The payment service provider, Card issuer, acquirer (financial or payment Providerinstitution that processes Transactions on behalf of Merchant) or other financial services provider engaged by the Service Provider in connection with and for the purpose of the Ad-hoc Charging Service.

2.20. Payment Terminal

A payment terminal or other Card Scheme certified device used for payment or Terminal services connected with the CPO’s Charging Station, allowing for ad- hoc physical card payments, such as payment card reader or device with a contactless functionality that is at least able to read credit or debit card credentials.

2.21. Penalties

Any Fine or amount or other additional payment as imposed by the Card Schemes on the Service Provider as a result of a breach of Card Scheme Rules by the CPO or caused by the CPO, including without limitation any such fines or amounts the quantum of which is dependent on or affected by factors external to the CPO.

2.22. Reserve

The amount withheld by the Service Provider from the CPO, determined reasonably based on potential Adjustments, exposure, and liabilities, considering information provided by the CPO during This serves as security for any amounts owed (including Chargebacks) to a Service Provider under the Agreement. The Reserve, set by the Service Provider, may be a fixed sum or a percentage of settlement funds (called rolling Reserve) and may be funded through extended settlement periods, deductions from settlement funds, or monetary transfers from the Merchant.

2.23. Scheme Owner

The party offering and/or regulating the relevant Payment

2.24. Scheme Rules

The collective set of bylaws, rules, operating regulations, requirements, procedures and/or waivers issued by the Scheme Owner and forwarded by the Service Provider towards the CPO, that agrees to comply with when enabling or using a Payment Method. If any third party (e.g., third-party acquirer or technical service provider) is used in connection with a Payment Method, any additional or deviating rules set by such third party will be considered part of the Scheme Rules for that Payment Method. Scheme Rules may be amended or supplemented by Scheme Owners or third parties from time to time.

2.25. TID

TID refers to a “Terminal Identification number”, which is an eight-digit sequence of characters used by financial institutions to control the terminal used to process a transaction. The TID also allows Merchants to quickly locate transactions in the event of a refund or dispute.

2.26. Transaction

Transaction or the processing, in whole or in part, of any instruction for Authorization, Payment Transaction Capture and/or settlement of End-User’s funds to CPO via the Service Provider’s Platform.

2.27. Transaction Limit

A Transaction’s limit is set by the Service Provider to allow to initiate a Transaction to secure funds on the balance of the Cardholder.

2.28. Wallet

Electronic payment tool, enabling payments using pre-paid funds stored or a tokenized Card in the digital account/wallet, like PayPal, Apple Pay, Google Pay or other, whichever is available.

2.29. Web-app

The web-interface available via web browser to enable for electronic payments with the use of the QR code (scanned at the Charging Station) for the Ad-Hoc Charging Service.

3. AD-HOC CHARGING SERVICES UNDER THE ENGAGEMENT OF THE CPO

3.1. In the event that the Services involve Card-based Payment Methods for Ad-Hoc Charging Services at the CPO’s Charging Station:

- The Service Provider shall provide such Ad-Hoc Charging Services directly to End-Users, under the engagement of the CPO, who will ensure that the Ad-Hoc Charging is available at the Charging Station and that the End-User may electronically for the Ad- Hoc Charging Service use direct Payment Methods which are available (depending on the case) in the use of the Web-app and/or at the Payment Terminal connected with the CPO’s Charging Station;
- Ad-Hoc Charging Services shall be rendered under the “General terms and conditions for the provision of charging on ad-hoc basis ensured by the CPO” and shall be:
  - prepared by the Service Provider, with the right to adjust or modify their wording, in particular in case of change of its legal relations with Payment Service Providers or their requirements or procedures applicable.
  - binding to the Purchaser, who is obliged to accept such terms, as integral part of these Terms and such acceptance is a condition of providing the Services of the Service Provider as described herein.
- At the request of the Service Provider, the “General terms and conditions for the provision of charging on ad-hoc basis ensured by the CPO” (as mentioned above) shall be published on a CPO’s Charging Station as a QR code provided by the Service Provider or in other agreed way.

3.2. In connection with the above-mentioned Services, the CPO shall be also obliged to:

- Ensure that there is helpdesk support for End-Users using the Ad-Hoc Charging Service (in particular dedicated phone number for the End-Users);
- properly install and operate the Payment Terminal, with responsibility for its compliance (PCI), hardware services, security and connectivity;
- place the QR code (launching the Web-app, if applicable) at the Charging Station provided by the Service Provider;
- provide visual identifier (such as stickers or tags) at the Charging Station to facilitate the identification of charge sockets as listed in EVC-net and add the contact detail of the CPO in case of issues with the Charging Station or Payment Terminal;
- provide the End-User with its own guarantee that the Ad-Hoc Charging Service and other duties connected with charging on ad-hoc basis (as required by the law) will be performed in full in accordance with the agreement with such End-User and provisions of the law, as well as stays liable for such a guarantee (irrespective of the Service Provider’s engagement, as described above and in the “General terms and conditions for the provision of charging on ad-hoc basis ensured by the CPO”). The CPO authorizes the Service Provider to include such a guarantee in the abovementioned terms and publish it on behalf of the CPO.

3.3. The CPO remains exclusively responsible for:

The CPO remains exclusively responsible for meeting all its regulatory duties, including the regulatory requirements imposed on the Engagement of the Service Provider, as described herein, does not release the CPO from its legal duties thereunder and does not result in taking them over by the Service Provider.

3.4. Unless Parties agreed otherwise, contract-based (e.g. RFID charge card) payments are not covered by these Terms.

4. PAYMENT PROCESSING SERVICES

4.1. The Service Provider offers the CPO Payment Processing and guarantees the availability of the Payment Processing solution

The Service Provider receives the acquired funds and settles them as agreed between the Parties. Whenever required to process payments, the Service Provider engages the Payment Service Providers or other financial institutions or partners, that set the requirements based on applicable law and other rulesets, as listed here below.

4.2. The Service Provider determines:

- the type of Cards and/or Transactions to be accepted for processing;
- the CPO category code(s) applicable to the CPO;
- the currencies to be accepted;
- any website(s), if applicable, through which the CPO carries on its business, and propose changes to any such website(s);
- any bank account to which settlement was requested;
- Chargeback and fraud thresholds;
- Transaction Limits or thresholds;
- any country, Transaction or Card; and/or
- determine any conditions relating to card security (such as CVV, CVV2, AVS and 3-D Secure).

Any of the above decisions shall be subject to continuous review by the Service Provider and the Service Provider shall have the right to make changes if reasonably required (to be exercised in good faith) subject to a notice to the CPO a reasonable period before allowing this latter to implement the modifications in a timely manner.

4.3. The Service Provider’s rights

- Without prejudice to any other Service Provider’s rights and remedies under this Agreement, the Service Provider may and is authorized, without prior notice, to set off the whole or any part of the CPO’s liabilities to the Service Provider, including without limitation any Adjustments, Chargebacks, fees and/or Penalties , whether such liabilities are present or future, actual or contingent, or liquidated or unliquidated, against any sums held by the Service Provider and owed to the CPO whether under these Terms, the Agreement or any other agreement between the Service Provider and the CPO.
- The Service Provider is entitled to convert and/or exchange any currency and is authorized to make effective any such conversions at the prevailing exchange rate; and (b) if the CPO’s is contingent and/or unliquidated then Service Provider may set off the amount it estimates in good faith will be the liquidated amount.
- The Service Provider reserves the right to change or amend the software and the payment interface at any time, to provide CPO with a new version thereof, and/or to change the functionalities and characteristics of the software.
- In the event that a Chargeback is initiated by an End-User against the Service Provider, the latter shall use all reasonable efforts to object against the respective Chargeback Should the Chargeback be resolved in favour of the End-User, the Service Provider is hereby authorized to deduct the corresponding amount, along with any associated costs, from the funds of the CPO in possession of the Service Provider. This provision shall apply universally to all services provided by the CPO and to the materialized Chargebacks executed by End-Users, regardless of the underlying cause for such Chargebacks. The Scheme Owners retain the right to authorize End-Users to initiate Chargebacks for Transactions. However, the CPO’s receipt of a settlement or Capture confirmation does not constitute an unconditional entitlement to the full Transaction amount or the ability to retain the settled amount. In the event that an End- User validly exercises its Chargeback right in accordance with the Scheme Rules, the CPO, at the request of the Service Provider, will be obliged to relinquish its entitlement to the Transaction amount. As Chargebacks may arise a considerable period after the date of the relevant Transaction, CPO acknowledges and agrees that, notwithstanding the termination of the Agreement for any reason, the Service Provider will remain entitled to recover Chargebacks, Chargeback Fees and related Penalties from CPO for all Transactions processed during the term of the Agreement. In the event that the Agreement has been terminated and all the balances settled, the CPO must promptly return it to the Service Provider.
- At the same time, the Service Provider declares that this authorization as described herein shall be used by the Service Provider only if the scale of such Chargebacks could jeopardize liquidity or financial security of the Service Provider as a result of them.

4.4. Modification or Suspension of the Services

- The Service Provider reserves the right to modify or suspend its Services described in these Terms in the following cases:
  - The CPO engages in fraudulent, suspect, or abnormal
  - The CPO is in default of payment of any fees or other financial obligations as per the Agreement.
  - The CPO fails to provide requested documentation or fails to respond to communications from the Service Provider.
  - There is a significant change in the risk profile of the CPO or its Transactions, including increased fraud, Chargebacks, or excessive levels of Chargebacks.
  - There is a risk that the CPO will not fulfil its obligations under the Agreement, including excessive Chargebacks incurred by the CPO.
  - There is a legal requirement or Card Scheme Rule mandating modification, suspension, or termination.
  - Suspicions of money laundering, fraud, or other criminal activity, requiring investigation by the Service Provider.
  - The CPO experiences a data compromise.
  - A Default Event occurs.

- Duration of Grounds for Modification or Suspension:
  - If any of the aforementioned grounds persist for more than ten (10) working days or any other shorter period at the reasonable discretion of the Service Provider after modification or suspension, the Service Provider has the right to terminate the Agreement.

4.5. Limitation of Liability

- The Service Provider cannot be held liable for any losses attributed to the modification, suspension, or termination of the Agreement or Services, including the withholding of settlement funds.
- Unless otherwise provided in these Terms, the provisions of the Agreement shall apply.

4.6. The CPO’s duties

- The CPO cooperates to allow the Service Provider to load software & parameters on the CPO’s Payment Terminals.
- The agreed region between the Parties to operate for payment services is the European Economic Area plus the United Kingdom and Switzerland.
- The CPO shall meet all local regulations concerning payment processing & card scheme rules applicable to Payment Terminals installed at the Charging Station. Evidence can be requested at any time by the Service Provider and should be promptly provided by the CPO to the Service Provider at the request of the latter.
- The CPO shall always utilize PCI-compliant & end to end certified Payment Terminals (TMS (Terminal management System), gateway, acquirer, VISA, Mastercard & American Express) and approved by the Service Provider.
- The CPO shall be liable for the Payment Terminals and their compliance (PCI), for hardware services, security and connectivity, as well as the costs of their purchase, lease, installation and use.
- The CPO shall immediately inform the Service Provider e of an event around Payment Processing which can be considered unlawful under applicable laws or in breach of PCI scheme rules.
- The CPO is obliged to provide reasonable assistance as the Service Provider may require for the prevention and detection of money laundering, funding of terrorism or any other fraudulent or criminal activity and for general compliance with the Agreement and with any applicable laws; and co-operate with the Service Provider to carry out an inspection at the CPO’s premises for the purpose of ascertaining compliance with these Terms. Should the CPO fail to comply with any of the prescribed obligations, the Service Provider shall have the right to suspend until the cause of the unfulfillment has been removed and/or terminate this Agreement concerning Payment Processing.

4.7. Indemnification

- The CPO shall be liable for and shall indemnify, defend and hold harmless the Service Provider, its affiliates, employees, directors, agents and any Card Scheme (hereinafter collectively referred to as “Indemnified Parties”) from and against any and all claims made by third parties threatened, asserted or filed against any Indemnified Party arising out of this Agreement, and for all other claims (third party or otherwise), actions, proceedings and any losses paid or incurred by any Indemnified Party that arise out of CPO’s breach of this Agreement, as well as with respect to claims or losses resulting from or relating to:
  - improper activity of the CPO including improper use of the Card Scheme Marks;
  - a Default Event;
  - breach of the Card Scheme Rules by CPO;
  - any misrepresentation by, fraudulent or criminal activity of the CPO
  - claims or losses resulting from or relating to any payment transactions processed under the main Agreement;

This liability is not limited by any limitation in liability that may be expressed elsewhere in these Terms or in other parts of the Agreement.

4.8. Claims by third parties

- The CPO acknowledges and agrees that the Service Provider shall have complete discretion to accept, dispute, compromise or otherwise deal with any claim made against the Service Provider arising out of a Transaction or otherwise in connection with these Terms, and the decision of the Service Provider will be binding on the CPO.
- The Service Provider shall be liable for and indemnify, defend and hold harmless the CPO, its affiliates, employees, directors and agents (hereinafter collectively referred to as “ CPO’s Indemnified Parties”) from and against any and all claims made by third parties threatened, asserted or filed against any CPO’s Indemnified Parties arising out of a breach of the Card Scheme Rules by the Service Provider (not resulting, directly or indirectly, from the CPO’s business activities) and/or any misrepresentation by, fraudulent or criminal activity of Service Provider.
- The CPO shall assist the Service Provider as it may require in the handling of any claims or actions brought against the Service Provider by any Cardholder or Card issuer and the Service Provider shall be entitled to settle or otherwise deal with such claims or actions at its sole discretion.
- The Parties hereby agree that all fees, Adjustments and/or charges assessed by the Card Scheme Rules (either directly to the CPO or indirectly via the Service Provider) in connection with any act or omission done wilfully or negligently by the CPO, shall remain the liability of the CPO and shall be charged to the CPO. The CPO acknowledges and agrees that during the term of the Agreement and after its termination or expiration for any reason whatsoever, it shall continue to bear liability for all Chargebacks, Penalties, fees, Adjustments and indemnification obligations pursuant to these Terms and all other amounts due or which may become due under these Terms or in connection with the Services described herein. This liability is not subject to any limitation of liability that may be expressed elsewhere in the Agreement.

4.9. Reserve and Payment Security Clause

- The Service Provider is authorized to establish a Reserve possible triggered by a Payment Service Provider, as determined from time to time, to secure funds for payment of amounts owed by the CPO under these Terms or in connection with the Services described herein. This includes, but is not limited to, payments to Card Schemes for adjustments and potential Chargebacks, as a condition for receiving the Service Provider’s Services.
- The Service Provider may use the Reserve or any other requested guarantee/security to settle Chargebacks, Penalties, Adjustment, Fees, or other liabilities incurred under the The Service Provider retains the right to hold the Reserve or requested guarantee/security for up to six (6) months after Agreement termination or after delivering goods/services of the last processed Transaction, whichever is later (the “Chargeback Period“). If Adjustments or other liabilities are pending at the end of the Chargeback Period, the Service Provider may extend it as needed. The CPO acknowledges that the release of the Reserve and outstanding balances may occur up to two (2) months after the Chargeback Period lapses.
- Additionally, without prejudicing the Reserve, the Service Provider may block or retain a percentage or full settlement funds amount as cover against losses from Chargebacks, Penalties, assessments, or Fees unrecoverable by the Service Provider. The Service Provider may (without prejudicing other rights) defer settlement of sums due to the CPO, at the Service Provider’s sole discretion, if (i) CPO fails to provide timely information; (ii) financial conditions deteriorate; or (iii) increased risk exposure is identified. The Service Provider will exercise these rights in good faith. If the CPO’s financial condition and risk profile improve, the Service Provider will return excess withheld funds from the Reserve.

4.10. Payment Terminals

- The Service Provider shall regularly maintain a list of approved and supported Payment Terminals and should be able to remotely manage its software and associated parameters. Only such Payment Terminals which are included in the up-to-date list may be covered by the Services described herein.
- The CPO must either buy the Payment Terminal or secure its availability through a lease or similar Usage is contingent on the respective Payment Service Provider’s prior testing and approval of the Terminals’ location and systems. The CPO remains liable for any non-compliance of the Payment Terminal with the applicable laws, the Agreement, and associated Card Scheme Rules.
- The CPO is responsible for maintaining, repairing, and periodically updating or replacing the Payment Terminals as requested by the Service Provider based on requirements from the respective Payment Service Provider or the Card Schemes.
- The CPO shall allow third party data Capture being processed through the Payment Terminal for specific applications like fleet cards, plug & charge and loyalty, whereby the End-User has agreed upon in advance.
- The CPO must maintain Payment Terminals in good condition, secure, and promptly report any needed repairs or replacements to the Service Provider, as well as perform or ensure performance of such repairs or replacements at its own cost as quickly as possible (the Service Provider is not obliged to make any repairs or replacements of the Payment Terminal).
- The CPO must ensure that its Payment Terminals and their usage comply with Card Scheme Rules & certifications.
- The CPO bears sole responsibility for any fraudulent charges arising from non- compliance with Chip and PIN This includes liability for all failed or fraudulent transactions involving Chip and PIN (C&P) cards, especially in cases where:
  - Terminal without Chip and PIN technology is used;
  - a Chip and PIN-equipped Terminal is used but its Chip and PIN functionality is not utilized;
  - a PIN code keypad is not employed in the transaction;
  - The CPO must Maintain confidentiality of Cardholder PINs and never request them during transactions. Provide secure environments for PIN entry on PIN Keypads. Ensure availability and functionality of Terminals and PIN Keypads for C&P card transactions, adhering to the Payment Service Provider / the Service Provider and Card Scheme Rules;
  - Initiate all C&P Card transactions using a Terminal, as per Card Scheme Rules and Laws, with physical presence of the C&P card;
  - Require Cardholders to enter their PINs on a Terminal’s PIN Keypad for transactions, without requesting signatures or other identification, unless allowed by Card Association Rules or Laws;
  - In the event of a Chip Failure, the CPO must process C&P card transactions as magnetic stripe transactions, following authorization procedures in the Manual, in compliance with Laws and Card Association Rules;
  - Ensure no Transaction Receipts for C&P Cards include data about the Cardholder’s PIN;
  - The CPO shall accept all types of credit and debit Cards and shall not add additional charges based on the Card type used.

4.11. CPO’s Liability for Transaction Limits and Authorization Codes

- The Service Provider shall enforce Strong Customer Authentication by requesting the PIN or any other means necessary to secure a The CPO shall follow any required instructions of the Service Provider in terms of Authorization, including using Authorization Codes.
- Understanding Authorization Code Limitations: The CPO acknowledges that an Authorization Code:
  - Does not guarantee payment for a Sales
  - Does not prevent disputes or
  - Does not provide protection against unauthorized Chargebacks or disputes over goods/services quality.
  - Does not restrict the Service Provider from seeking a Chargeback or related amounts under these Terms or in connection with the Services described
- Cardholder and Authentication Requirements:
  - Cardholder Authorization: The CPO shall Guarantee that each Transaction debited from a Cardholder’s account is authorized through PIN entry.
  - Strong Customer Authentication (SCA): The CPO shall Enforce where possible SCA on all Sales Transactions as instructed by the Service Provider, with the Issuer’s instructions taking precedence.
  - SCA Application Rules and Non-Compliance: Independent application of SCA or splitting sales to bypass SCA application is not permitted. Failure to apply SCA incurs liability on the part of the CPO for any resultant Chargebacks, Fees, and
- Additional Provisions:
  - SCA Waivers and Exclusions: The CPO shall comply with SCA waivers and exclusions as notified.
  - SCA Limitations: The CPO Recognizes that SCA application does not guarantee payment or prevent disputes.
  - Cardholder Disputes: The CPO shall Independently resolve disputes with Cardholders; the Service Provider is not responsible.

By complying with this clause, the CPO commits to maintaining the highest standards of compliance and integrity in managing Transactions and Authorization Codes. Any deviation from these stipulations will make the CPO liable for the consequences thereof.

Menu