Clearent Empower Program Attestation

This Addendum supplements the Agreement to which it is attached and applies to the provision of Services by Clearent. By executing the Agreement, Merchant agrees to be bound by the terms of this Addendum and the Agreement. In the event of any conflict between this Addendum and the Agreement then this Addendum shall prevail. The provisions in this Addendum, shall be deemed material terms of the Agreement. All other provisions or terms of the Agreement shall remain in full force and effect.

Merchant hereby warrants and represents that it fully understands and is in compliance with all applicable laws, regulations and any other relevant rules or operating standards, including the Card Brand Rules (together the Relevant Rules) relating to the Empower Program, including (without limitation) those in respect of the application of Cash Discounts, Surcharges, Convenience Fees, and Service Fees. In particular (without limitation), Merchant must ensure that it meets the following standards:

Cash Discount

Merchant must:

1. display signage at point of entry and point of purchase that states that a discount is given for cash payments and provide exact amount or percentage of discount;
2. at every place the price of an item/service is listed, Merchant must show the price applicable without any cash discount being applied, i.e. the price payable where the payment method is a card. This is the regular price of an item/service. Merchant may also choose to show dual prices, being the regular price payable where the payment method is a card and the discount price payable if the payment method is cash, at each place the price of an item/service is listed. This is known as Dual Pricing. Merchant must only apply the discount at the point of sale when the consumer indicates it wishes to pay by cash.

Surcharging

Merchant must:

1. only apply a surcharge where permitted by Relevant Rules;
2. display signage at point of entry and point of purchase that states the exact amount or percentage of any surcharge that the Merchant applies to goods/services and that the surcharge is being applied by the Merchant. Merchant must ensure that the surcharge on a particular payment method is not greater than the cost of acceptance of that payment method and must display signage that confirms that to be the case;
3. without prejudice and in addition to the limitation on any surcharge set out in 1 above, ensure that any surcharge applied by it to a particular payment method does not exceed the Surcharge Cap set by the Card Brands;
4. not apply any surcharge to transactions completed with Debit Cards.

Convenience Fees

Merchant must:

1. ensure that convenience fees are only charged to reflect convenience of an alternative payment channel outside the Merchant’s customary payment channel. Any such fees must be clearly disclosed to the cardholder as such prior to completion of a transaction;
2. ensure that convenience fees are added to a transaction completed in a Card Not Present Environment only. Merchant must not charge any convenience fees if the Merchant operates exclusively in a Card Not Present Environment;
3. only apply a flat or fixed convenience fee which is not related to the payment amount due;
4. not apply convenience fees to any transaction where it has applied a surcharge.

Service Fees

Merchant must:

1. not charge a service fee unless it is a government agency or higher education Merchant. Any service fee charged (where permitted to be charged) must be clearly disclosed to the cardholder as a service fee prior to completion of transaction;
2. be assigned a MCC in the Permitted MCC list (Education 8211, 8220, 8244, 8249/ Government 9211, 9222, 9311, 9399);
3. only apply a flat or fixed service fee which is not related to the payment amount due;
4. not apply a service fee to any transaction where it has applied a surcharge or convenience fees.

Failure to comply with any of the Relevant Rules may result in Merchant receiving a violation notice with an accompanying fine.

Merchant hereby acknowledges and agrees that it is responsible for any fines and/or violations arising from its lack of compliance with any of the Relevant Rules.

Merchant hereby acknowledges and agrees that it is responsible for recertification of this Attestation on a bi-annual basis or as requested by Clearent, failure to do so will result in a non-recertification fee.

For convenience only, we have included links to the Card Brand Rules below.