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The Merchant Agreement serves as the foundational contract for businesses seeking to accept electronic payments in Australia. This document is essential for establishing the legal and operational framework between payment processors/acquirers and merchants who wish to accept card payments and other electronic payment methods. The agreement encompasses crucial elements such as transaction processing, fee structures, settlement terms, security protocols, and compliance requirements with Australian regulations including the Payment Systems (Regulation) Act 1998 and Privacy Act 1988. It is particularly relevant for businesses expanding their payment acceptance capabilities or updating their payment processing relationships. The Merchant Agreement also addresses modern payment technologies, data protection requirements, and risk management protocols while ensuring compliance with payment scheme rules and Australian regulatory requirements.

1. Parties: Identification of the merchant and the payment processor/acquirer, including their legal entity names, ABNs, and registered addresses

2. Background: Context of the agreement, including the merchant's business nature and desire to accept payments, and the processor's ability to provide payment services

3. Definitions: Defined terms used throughout the agreement, including technical payment terms, service-related definitions, and regulatory terminology

4. Services: Detailed description of payment processing services, supported payment methods, and any additional services provided

5. Merchant Obligations: Core responsibilities of the merchant, including compliance with payment scheme rules, security standards, and operational requirements

6. Payment Processor Obligations: Core responsibilities of the payment processor, including service delivery, support, and compliance obligations

7. Fees and Payment Terms: Fee structure, payment processing charges, settlement timeframes, and payment methods

8. Security and Data Protection: Requirements for data security, PCI DSS compliance, and protection of customer information

9. Chargebacks and Disputes: Procedures for handling transaction disputes, chargebacks, and related responsibilities

10. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures

11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

12. General Provisions: Standard legal provisions including governing law, notices, assignment, and entire agreement