The Merchant Agreement serves as the foundational document for establishing and governing the business relationship between merchants and payment service providers or acquiring banks in the UAE. This agreement is essential for any business that wishes to accept card payments or electronic transactions, whether in-person or online. The document must comply with UAE federal laws, Central Bank regulations, and international card scheme rules while addressing specific regional requirements such as AML regulations and consumer protection standards. The Merchant Agreement typically covers crucial aspects including payment processing services, fee structures, settlement terms, security requirements, and compliance obligations, providing a comprehensive framework for the commercial relationship between the parties.
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1. Parties: Identification of the contracting parties - the acquirer/payment service provider and the merchant
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Services: Description of payment processing and other services provided by the acquirer
5. Merchant Obligations: Key responsibilities and obligations of the merchant including compliance requirements
6. Acquirer Obligations: Key responsibilities and obligations of the acquirer/payment service provider
7. Fees and Payment Terms: Pricing structure, payment terms, and settlement procedures
8. Security and Data Protection: Requirements for data security, PCI DSS compliance, and customer data protection
9. Representations and Warranties: Legal assurances provided by both parties
10. Term and Termination: Duration of agreement and circumstances for termination
11. Indemnification: Mutual indemnification obligations and liability provisions
12. Confidentiality: Provisions for handling confidential information
13. Dispute Resolution: Procedures for handling disputes between parties
14. Governing Law: Specification of UAE law as governing law and jurisdiction
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Multi-Currency Processing: Include when merchant requires ability to process transactions in multiple currencies
2. E-commerce Services: Include for online merchants requiring payment gateway services
3. Value-Added Services: Include when additional services like analytics or loyalty programs are provided
4. International Operations: Include for merchants operating across multiple jurisdictions
5. Islamic Banking Compliance: Include when services need to comply with Sharia law principles
6. Third-Party Integrations: Include when merchant requires integration with specific third-party systems
7. Franchise Provisions: Include for franchise operations with multiple locations
8. High-Risk Business Terms: Include for businesses classified as high-risk merchants
1. Schedule A - Pricing Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule B - Technical Requirements: Technical specifications for payment processing systems and integration
3. Schedule C - Service Level Agreement: Detailed service levels, response times, and performance metrics
4. Schedule D - Compliance Requirements: Specific compliance requirements including AML and KYC procedures
5. Schedule E - Operating Procedures: Detailed procedures for transaction processing, returns, and chargebacks
6. Schedule F - Security Standards: Detailed security requirements and PCI DSS compliance standards
7. Appendix 1 - Merchant Application Form: Completed merchant application with business details
8. Appendix 2 - Required Documentation: List of required licenses, permits, and documentation
9. Appendix 3 - Approved Payment Methods: List of payment methods and card schemes supported
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