Terms

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MMC WEBPOS TERMINAL AGREEMENT

(”AGREEMENT”) is a contract between you (the ” merchant”) and MMC.And

applies to your use of webpos.You must read,agree with and accept all of

the terms and conditions,contained in this agreement.This agreement ap-

plies in addition to the MMC and american express user

agreement and any other agreements to which you have entered into with

MMC website.In addition,if the revised version includes

a substantial change,we will provide you with 30 days prior notice on the

“Policy Updates” page of our website.
PASSWORD AND IMPLEMENTATION MATERIALS

All information provided to you by MMCin relationship to

the services with will remain the property of MMCor its

payment processor as appropriate.You agree to restrict use and access to

your password and log-on ID to your employees and agents as may be

reasonably necessary,and will ensure that each such employee or agent

complies with all applicable provisions contained herein.you will not give,

transfer,assign,sell,resell otherwise dispose of the information and materials

provided to you to utilize the Services.You are solely responsible for

maintaining adequate security and control of any and all ID’s ,passwords,

or any other codes that are issued to you by mmc,american express or

others.

USE OF CARDHOLDER INFORMATION

unless you obtain consents from us and each applicable Association,card

issuing bank and cardholder,you must not use,disclose,sell or disseminate

any cardholder information obtained in connection with a card transaction

(including the names,addresses and card account numbers of cardholders)

except for purpose of authorizing,completing and setting card transactions

and resolving any chargebacks,retrieval requests or similar issues involving

Card transactions,other than pursuant to a court or governmental agency

request,subpoena or order.You shall use proper controls for and limit access

to,and render unreadable prior to discarding,all records containing cardholder

account numbers and card imprints.You may not retain or store magnetic

stripe data or hardcopies containing cardholder data(including faxes) after

a transaction has been authorized.If you store any electronically captured

signature of a cardholder,you may not reproduce such signature except upon

 our specific request.Association rules prohibit the sale or disclosure of

databases containing card holder account numbers,personal information,or

other VISA transaction information to third parties as an asset of a

failed business.In such cases,transaction information is required to be

returned MMC processor or acceptable proof of destruction of this data

provided.You are responsible for compliance with this section by any third

party processor,hosting service or other agent of yours engaged in the

processing or storage of cardholder data.You must notify us of any such

third party so engaged,and notify us of any access to transaction data

 by unauthorized person.Unless you obtain consents from us and each

applicable Association,card issuing bank and cardholder,you must  not use,

disclose,sell or disseminate any any cardholder information obtained in

connection with a card transaction(including the names,addresses and card

account numbers of cardholders)except for purposes of authorizing,completing

and settling card transactions and resolving any chargebacks,retrieval requests

or similar issues involving card transactions,other than pursuant to a court or

governmental agency request,subpoena or order.You shall use proper controls

for and limit access to,and render unreadable prior to discarding,all records,in

whatever format they may exist,containing cardholder account numbers and

card imprints.You may not retain or store magnetic stripe data after a trans-

action has been authorized.If you store any electronically captured signature

of a cardholder,you may not reproduce such signature except upon our specific

request.Association Rules prohibit the sale or disclosure of  databases containing

cardholder account numbers,personal information,or other Visa transaction info-

rmation to third parties as an asset of a failed business.In such cases,transaction

information is required to be returned to MMC processor or acceptable proof of

destruction of this data provided.
1.9 Regulation E Disclosures.

Our commitments to you in this Agreement related to liabilty for unauthorized transactions,stop-

payment rights and procedures,error resolution rights and procedures,Fees ,contact information,Our

business Days,limitations we may impose on transfers, and your rights to statements of your transaction history,constitute disclosures under the Electronic Fund Transfer-Act and Federal

Reserve Board Regulation E,12 C.F.R 205.1 et.seq.
3.7 Merchant Processing Delay

When you send a payment to certain merchants,you are providing authorization to the merchant

to process your payment and complete the transaction.The payment will be held as pending until

the merchant processes your payment.Some merchants may delay processing your payment.In

such an instance,your Authorization will remain valid for up to 30 Days.If your payment requires a currency conversion,the amount of the Exchange Rate &Fee (per section  will be determined at

the time the merchant processes your payment and completes the transaction.

4.6 Chargebacks Process.

In the event of a chargeback,we will determine whether we should dispute the chargeback with the credit card company.If we dispute the Chargeback,we will place a temporary hold on the disputed funds in your balance until the creditcard company makes a decision.the credit card company ,MMC,

will determine who wins the Chargeback.
9.1 Restricted Activities

In connection with your use of our merchant processing services ,your account or  the services ,or

in the course of your interactions with MMC,a user or a third party,you will not:
a.Breach this Agreement ,the card processing Agreement ,the “Acceptable use policy”or  any other agreement that you have entered into with MMC.
b.Violate any law ,statue,ordinance,or regulation(for example,those governing financial services,

consumer protections,unfair competition,anti-discrimination or false advertising);
c.Infringe MMC or any third party’s copyright ,patent,trademark,trade secret or other intellectual

property rights,or rights of publicity or privacy;
d.Use MMC to sell counterfeit goods.
e.Act in a manner that is defamatory,trade libelous,unlawfully threatening or unlawfully harassing;
f.Provide false,inaccurate or misleading information;
g.Send or receive what we reasonably believe to be potentially fraudulent funds;
h.Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
i.Attempt to double dip during the course of a dispute by receiving or attempting to receive funds

from MMC and the seller,bank,or creditcard company for the same transaction;
j.Use an anonymizing proxy;
k.Control an account  that is linked to another account that has engaged in any of these restricted activites;
l. Conduct your business or use the services in a manner that results in or may result in complaints,

Disputes,Claims,Reversals,chargebacks,fees,fines,penalties and other liability to MMC,a user ,a third party or you;
m.Have a credit score from credit reporting agency that indicates a high level of risk associated with

your use of services;
n.Use you account or the services in a manner that MMC ,Visa,Mastercard,Amercian express or Discover reasonablt believe to be an abuse of the credit the creditcard system or a violation of credit

of creditcard Associated rules;
o.Allow your account to have a negative balance;