"Acquiring Services" means the services provided by Us where We act as Your Acquirer;
"Gateway Services" means the transmission over the internet of Data through Our technical systems from You to the relevant Acquirer or Other Financial Institution;
"Other Payment Services" means the services provided by Us where We make available to You Other Payment Methods by collecting payment for goods and/or services and Remitting such payment to You;
The above types of Services differ with respect to Transactions and their Authorisation:
iii. in the case of the Gateway Services: any transaction similar to any of the foregoing in connection with any payment for goods and/or services,(and "Transactions" shall be construed accordingly);
"Acquirer" means a Person (In respect of the Acquiring Services) who or which is licensed by a Card Scheme and/or has appropriate arrangements in place with a third party relating to the use of a Card Scheme licence and who or which enters into an agreement with You for the provision of Services allowing You to accept payment by Cards pursuant to the Rules and for You to receive payment from such Person in respect thereof;
"Application Form" means (where relevant) the application form provided by Us, pursuant to which You apply for the provision of the Services;
"Card" means a credit, debit, charge or purchase or other card issued by a Card Issuer and licensed by a Card Scheme (including, in the case of Gateway Services, any other cards which We are able to process (as notified by Us to You from time to time) and which We have agreed to process) (and
"Cards" shall be construed accordingly);
"Cardholder" means a Person who or which is the authorised user of a Card (and "Cardholders" shall be construed accordingly);
"Card Issuer" means a financial institution which issues Cards under the authority of the relevant Card Scheme (and "Card Issuers" shall be construed accordingly);
"Card Schemes" means Visa Europe, Visa Inc, MasterCard Worldwide, UK Maestro, Solo and/or International Maestro and/or such other schemes governing the issue and use of Cards, as approved and notified by Us to You in writing from time to time (and "Card Scheme" shall be construed accordingly);
"Chargeback" has the meaning given to such term in clause 8.1 (and "Chargebacks" shall be construed accordingly);
"Chargeback Costs" has the meaning given to such term in clause 8.5.2; "Conditions" means these terms and conditions;
"Confidential Information" means information that is designated as "confidential" or which by its nature is clearly confidential including any information concerning Our or (as the case may be) Your technology, technical processes, procedures, business affairs, finance, security procedures and the layout of Our or (as the case may be) Your premises and may take the form of (but is not limited to):
(a) documents, technical specifications, unpublished patent specifications, data, drawings, plans, processes, photographs, databases, computer software in disk, cassette, tape or electronic form and items of computer hardware; or (b) oral descriptions, demonstrations or observations; "Contract" means the contract between You and Us, incorporating these Conditions and the other documents referred to in clause 3.1, for the supply of the Services by Us to You;
"Control" means the ability to direct or influence the affairs of another whether by way of contract, ownership of shares or otherwise (and "Controls" and "Controlled" shall be construed accordingly);
"Customer" means a Person (including a Cardholder, where the context permits) who or which has ordered goods and/or services from You and where payment for such order is to be received by You through use of the Services (and "Customers" shall be construed accordingly);
"Data" means documents, data and records of any kind relating to Transactions (including, for the avoidance of doubt, data relating to Cards and Customers);
"Data Control" has the meaning given to such term in clause 19.3;
"Fees" means the fees payable by You to Us for the provision by Us of the Services, as notified to You by Us from time to time;
“MMF” means the minimum monthly fee only applied if there is a discrepancy in your transactions and or business profile, compared to what was disclosed at the start of your application in relation to personal details, business details and transaction details.
“MMSC” means minimum monthly service charge, this is the minimum amount of £35 that will be charged to your account in any given month if your transactional charges are less than £35.
“ETF” means early termination fee and it is applicable in the event when We or You decide to terminate the Contract before the end of the Contract period. ETF ensures that We are able to recover the future costs and disbursements that will incur until the end of the Merchant’s Contract. These will include the costs to all the parties that We will still be required to pay regardless of whether We continue to do Business with You or not. ETF is between £30 to £130 per month for low risks merchants and is dependent on the Merchant’s CP and CNP turnover. If the Merchant falls under the high-risk category, then ETF amount will increase by 10 folds. In the event You or GMS has to make an early termination, then the monthly ETF amount will be at the discretion of Our management team. ETF has no bearing with the remaining of the Terminal Rental and the MMSC that You will still be required to pay.
"HIGH RISK MERCHANTS" we board Low Risk Merchants and on special circumstances we are able to board High Risk Merchants. If we do board a High Risk Merchant then we expect the High Risk Merchant to Pay us a Non-Refundable Joining Fee of between £5,000.00 to £15,000.00 even before any transactions commences. Our Standard Transactions Fee for High Risk Merchants is between 7.5% to 14.5%. The transaction Fee can be negotiable and reduced if given in an email confirmation by GMS to the merchant as special agreement. If the merchant declares on the Application Form to be High Risk Merchant then despite that the merchant will still require an email confirmation from GMS regarding the fact that GMS has accepted the Merchant as a High Risk category Merchant.
See below List of High Merchants Types.
Ambulance Services, Lab/Medic/Dental/Opth/Equipment, Doctors,Physicians, Dentists,Orthodontists, Osteopathoc Physicians, Chiropractors, Ophthalmologists,Optometrists, Opticians - Optical Goods, Chiropodists, Podiatrists, Nursing,Pers Care Facilities, Hospitals, Veterinary Services, Hearing Aid Sales,Service, Orthopedic Goods-Artificial Legs & Arms, Medical Services, Drugs/Drugs Propriat/Sundries, Drugstores & Pharmacies, Dental & Medical Labo, Massage Parlors, School, Education, Child Day Care Services, Golf Courses - Public Video, Membership Clubs, Tolls, Road And Bridge Fees , Limousines / Taxicabs, Homestead Suites, Travel Agencies & Tour Operatos, Cruise Lines, Direct Mktg-Travel Related Arr, Timeshares, United Airlines, American Airlines, Pan American, Eurofly Airlines, British Airways, Japan Airlines, Air France, Lufthansa, Air Canada, Klm, Aeroflot, Qantas Air, Alitalia, Saudia Arabian Airlines, Swissintlair, Sas, South African Airways, Varig (Brazil), Air-India, Air Algerie Airalgerei, Philippine Airlines, Mexicana, Pakistan International, Air New Zealand, Emirates Airlines, Air Malta, Snbrsslsair, Aero Argent, Olympic Airways, El Al, Ansett Airlines, Ethiad Airways, Tap (Portugal), Vasp (Brazil), Egyptair, Kuwait Airways, Avianca, Gulf Air (Bahrain), Balkan-Bulgarian Airlines, Finnair, Aer Lingus, Air Lanka, Nigeria Airways, Cruzeiro Do Sul (Brazil), Thy (Turkey), Royal Air Maroc, Tunis Air, Icelandair, Austrian Airlines, Lan Air, Aviaco (Spain), Ladeco (Chile), Lab (Bolivia), Jet Air, Virgin America, Delta, Dba Airlines, Nwa Air, Continental, Us Airways, Adria Airways, Air Inter, Southwest, Vanguard Airlines, Air Astana, Air British Columbia, Cebu Pacific Airlines, Singapore Airlines, Aeromexico, Thai Airways, China Airlines, Jetstar Airways, Korean Airlines, Air Afrique, Eva Air, Midwest Express Airlines, Metro Airlines, Croatia Air, Transaero, Qatar Airways Company W.L.L., Zambia Airways, Air Zimbabwe, Spanair, Asiana Airlines, Cathay Pacific, Malaysian Airline System, Iberia, Garuda (Indonesia), Braathens S.A.F.E. (Norway), British Midland, Windward Island, Viasa, Tan Sahsa, Taca International, Surinam Airways, Sun World International, Vlm Airlines, Frontier Air, Qatar Airways Company W.L.L., Virgin Atlantic, Luxair, Air Littoral S.A.(Littoral), Air Zaire, Go Fly Ltd., Pba, All Nippon Airways, Norontair,
Aerocontinente, Canadian Airlines, Nationair, Jetblue Airways, Middle East Air, Airtran Airways, Mesa Air, Westjetair, Malev, Lot (Poland), Oman Air, Liat, Lav (Venezuela), Lap (Paraguay), Lacsa, Virginexpair, Furniture (Sofas & Beds), Jugoslav Air, Island Airlines, Indian Airlines, Hawaiian Air, Havasu Airlines, Guyana Airways, Freedom Airlines, China Eastern Airlines, Norwegian Air Shuttle, Dominicana, Malmo Aviation-Malmo Av, Csa, Copa, Compania Faucett, Transportes Aeros Militares Ec, Command Airways, Comair, Skyways, Cayman Airways, Saeta, Sahsa, Caribbean Airlines, Air Arab, Bar Harbor Airlines, Bahamasair, Aviateca (Guatemala), Avensa, Austrian Air Service, Easyjet, Ryanair, Gol Airlines, Tam Airlines, Alm Antilean Airlines, America West, Alaska Airlines, Spirit Airlines, Air China, Aero Servicio Carabobo, Air Seychelles, Air Panama, Air Jamaica, Air Djibouti, Aero Peru, Aero Nicaraguensis, Aero Coach Aviation, Cyprus Airways, Equatoriana, Ethiopian Airlines, Kenya Airways, Air Berlin, Tarom Romanian Air Transport, Air Mauritius, Wideroe's Flyveselskap, Airlines, Air Carriers Not Elsewhere Classified, Airport And Flying Fields, Marinas,Marine Service /Suppliers, Mobile Home Dealers, Automobile & Truck Dealers, Automobile & Truck Dealers Used, Boat Dealers, Camper Trailer Dealer, Motorcycle Shops & Dealers, Motor Home Dealers, Snowmobile Dealers, Miscellaneous Automotive Dealers, Parking Lots,Meters,Garages, Financial Inst/Automated Cash Disbursements, Professional Services - Def, Cigar Stores & Stands, Non-Fin Inst/Fc/Mo/Tc, Security Brokers/Dealers, Insurance Sales And Premiums, Dating
& Escort Services, Direct Marketing Insurance Svc, Catalog Merchant, Outbound Telemarketing Merchnt, Inbound Telemarketing Merchant, Continuity/Subscription Mercht, Other Direct Marketers, Financial Institutions - Merchandise And Services, Gambling Transactions, Betting/Track/Casino/Lotto, Wire Transfer Money Order, Chemicals & Allied Products, Financial Inst/Manual Cash Disbursements, Counseling Service- Debt, Consumer Credit Reporting Agency, Charitable Contributions, Bail And Bond Payments.
“IC ++ Rate” means Interchange fees, scheme fee, assessment fee, standard admin fee, fraud analysis fee as well as every other charge. In the event the merchant selects “IC ++Rate” then the Application Form will only show the GMS markup and therefore all other charges such as Interchange fees, Scheme fee, Assessment fee, Standard admin fee, Fraud analysis fee as well as all other charges which will be passed onto the merchant.
“Semi-Blended Rate” means that the Merchant will incur a the agreed transaction fee as per the Applicaiton form for each transaction and on top, the Merchant will also incur the Assessment fee, AML Validation fee. As a rule of thumb, the Assessment fee and AML Validation fee is usually within the region of 1p- 3.9p per transaction. In the great majority of cases the assessment should just over 1p provided the card users are using industry standard card types and transactions size. In the event the merchant selects “Semi-Blended Rate” on the Application Form, then by default the merchant agrees that the Assessment fee and AML Validation fee will be passed onto merchant.
"Fines" means any and all fines, levies, costs, expenses, charges, assessments or imposition of liabilities of any nature which the Card Schemes or any Other Financial Institution require You or Us to pay or which are otherwise directly or indirectly recovered from Us by the Card Schemes or any Other Financial Institution at any time and which relate to any aspect of Our relationship with You (including the Transactions and the provision of the Services);
"Floor Limit" has the meaning given to such term in clause 9.1.2
"Group Company" means, in respect of a Party, any undertaking which, directly or indirectly, Controls or is Controlled by such Party or an undertaking which, directly or indirectly, Controls or is Controlled by any aforementioned undertaking (and "Group Companies" shall be construed accordingly);
"Intellectual Property Rights" means any and all intellectual property rights of whatever nature and includes patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, database rights, design rights, rights affording equivalent protection to copyright, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing off;
"Merchant Bank Account" means the bank account which You are required to maintain pursuant to clause 10.1;
"Merchant Operating Instructions" has the meaning given to such term in clause 3.1.3;
"Other Financial Institution" means any third party which regulates or is responsible for any Other Payment Method (and "Other Financial Institutions" shall be construed accordingly);
"Other Payment Method" means a payment method (other than Cards) which is approved by Us in writing from time to time (and "Other Payment Methods" shall be construed accordingly); "Party" means You or Us (as the case may be);
"Payment System" means all equipment and software used by You (and Your agents, sub-contractors or any third parties used by You) in connection with Transactions and the storage and/or processing of Data;
"Person" means any individual, corporation, firm, unincorporated association, government, state or agency of a state and joint venture (and "Persons" shall be construed accordingly); "Reason Code" has the meaning given to such term in clause 21.13.3;
"Refund" means a return of an amount to a Cardholder's account or (as the case may be) the reversal of a payment effected using an Other Payment Method, in each case pursuant to a request or instruction from You to Us (and "Refunds" shall be construed accordingly);
"Remittance" means the relevant payment due to You from Us in respect of Transactions (and "Remit" and Remitted" shall be construed accordingly);
"Remittance Date" means the date as shall be notified from Us to You from time to time, when We shall submit the Remittance in accordance with clause 7;
"Rules" means all applicable rules, regulations and operating guidelines issued by Us or the Card
Schemes or (where relevant) any Other Financial Institution from time to time relating to Cards,
Transactions, Other Payment Methods and any payments or processing of Data relating thereto
(including all amendments, changes and revisions made thereto from time to time);
"Services" means such of the Acquiring Services, the Gateway Services and the Other Payment
Services which are provided to You by Us from time to time (or any of them, as the context shall
permit or require);
"Transaction Replica Overdraft"
Transaction Replica Overdraft is essentially a short-term loan provided via your Merchant Account by replicating transactions that have been taken by you. You will accrue an interest of 15%APR on the Overdraft amount. We will Credit search you personally and if approved by a third-party lender we will pay into your business account during daily settlement.
When you take a Transaction Replica Overdraft, it gets added to your Merchant Account balance and accrues interest until it's repaid just like purchases and balance transfers do. Unlike purchases, there's no grace period on Transaction Replica Overdrafts—they begin accruing interest as soon as you borrow the money.
We will continue to pay you the Transaction Replica Overdraft until you reach your agreed Overdraft amount. Once you have reached your Overdraft amount as per stipulated by the third-party lender, we will then for a period of 6 weeks settle your entire daily transactions to the third-party lender.
After the 6 weeks period has elapsed, then we will settle 25% of your daily transactions to you and 75% will be paid back to the Overdraft Provider until the remaining Overdraft and the interest balance has come to zero amount. Once the balance has been fully cleared you will begin to receive 100% of your daily settlement.
"Settlement" means the crediting to Us of the proceeds of Transactions from (in the case of the Acquiring Services) the relevant Card Scheme or from (in the case of the Other Payment Services) the relevant Other Financial Institution (and "Settle" and "Settled" shall be construed accordingly); "Trading Limit" has the meaning given to such term in clause 9.1.1; "Us" means Alma Attic Limited, a company registered in England and Wales (registered number 04628031) of Glorydale House, 18 Wintersells Road, Byfleet, KT14 7LF United Kingdom (and "Our", "Ours" and "We" shall be construed accordingly); and "You" means the Person identified as the Merchant in the Contract (and "Your" and "ours" shall be construed accordingly).
After the cost deductions from the held money, if there is a shortfall then the merchant is still liable to pay the remaining balance.
7.3.1 and/or invoice You in accordance with clause 7.3.2 to recover:
(3) percent per annum above the published Royal Bank of Scotland plc base rate from time to time.
CONSEQUENCES OF TERMINATION
except, in each case, if and to the extent caused by or contributed to by Our negligence or any breach of the Contract by Us.
obligations imposed by the operation of any contract or law, or otherwise):
that We shall notify the Card Schemes or Persons nominated by them and, where We consider appropriate, crime enforcement authorities, of all information regarding You, Your business and Your conduct relating to the Contract or the operations and activities contemplated by it which We consider relevant to such matters. The Persons who We notify and the information notified may well vary from time to time as legal requirements and industry practices change.
purposes, You shall remain responsible for complying with these Conditions as though You were not using such agent or subcontractor.
in or relating to the performance of the Contract or in connection with any Transaction thereunder or any matter associated with any such Transaction.
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