Commerical Entity Agreement - Square Inc.

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Commercial Entity Agreement littps: //squarcup. coin/legal/cea Seller shall not submit any Transaction that is not a bona fide Transaction. A "bona fide" Transaction means a Transaction that is (i) between the Seller and its Customer, (ii) for the sale of goods and/or services (or a refund for such a sale) that are Seller's property or that Seller has the legal right to sell, (iii) submitted on behalf of Seller (and not on behalf of any third party), and (iv) legal, authorized by the Customer, non - fraudulent or otherwise damaging to the Card Brand(s), and is, to the Seller's knowledge, enforceable, collectible, and in full compliance with this Agreement, applicable law, or Card Brand Rules. (b) Mini►nu►n/Maxintum Thresholds For Card Acceptance; Surcharges. Except as expressly permitted by law, Seller shall not (i) set a dollar amount above or below which Seller refuses to honor Cards or (ii) impose or require the Customer to pay any fee or charge (including, without limitation, any surcharge or finance charge or any of the fees payable by Seller under this Agreement) in connection with or as a condition of the use or acceptance of a Card. (c) Split Transactions. Seller agrees to submit a single Transaction for the full amount of each sale. Seller shall not split a single Transaction into two or more Transactions, except to allow for partial payment by prepaid of gift Card. (d) Taxes. Seller shall not add any tax or surcharge to Transactions, unless applicable law expressly allows or requires the Seller to impose such tax or surcharge. If any tax or surcharge amount is allowed, such amount shall be included in the Transaction amount and shall not be collected separately. (c) Use or Card Account Numbers. Seller shall not request or use Card Information for any purpose except as payment for its goods or services of to provide a refund for goods or services previously sold, unless required by the Card Brand Rules. Seller agrees that (i) it will not use the Card Information for any purpose that it knows or should know to be fraudulent or in violation of any Card Brand Rules; (ii) it will not sell, purchase, provide or exchange in any manner or disclose Card Information to anyone other than Square, any Card Brand, or in response to a govermnent request; and (iii) it will be compliant with the Security Standards, including the Payment Card Industry Data Security Standards (PCI DSS) and will cooperate in a forensic investigation if so required. (t) Existing Debt. Seller shall not submit a Transaction for any purpose other than a current Transaction. Transactions shall not represent the collection of a dishonored check or the collection, transfer or refinancing of any existing or prior debt or obligation. Seller shall not attempt to recharge a Customer for an item that has been the subject of a Chargeback by the Customer, even with the Customer's consent. Seller shall not submit any Transaction which it knows or should know to be unenforceable or uncollectable. (g) Time of Payment. At the time Seller accepts a Card for any goods or services, the goods shall have been provided or slipped or the services actually rendered to the Customer, except as specifically stated otherwise in Seller's Application 3 of 23 7/13/2018, 10:16 AM