Schedule Payment Terminal Services

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1 Schedule Payment Terminal Services 1 Intrductin This dcument describes the fllwing standard services Adyen prvides t the Merchant with respect t Payment Terminals prvided by Adyen t Merchant: The sale f the Payment Terminals by Adyen t Merchant and related rdering prcedure as set ut in sectin 2 belw; and The supprt services prvided by Adyen t Merchant in using the Payment Terminals which cnsist f the fllwing tw service cmpnents: Terminal Replacement Services t replace defective Payment Terminals (see sectin 3 belw); and Supprt with respect t the sftware embedded in the Payment Terminals and the sftware made available by Adyen t enable Merchant (and its third-party service prviders) t cnnect the Payment Terminals t third-party devices (see sectin 5 belw). The (first line) supprt respnsibilities f Merchant are set ut in sectin 5.3 belw and the general respnsibilities f Merchant regarding the handling f Payment Terminals are set ut in sectin 6 belw. 2 Payment Terminals 2.1 Available Payment Terminals and pricing The sale price fr Payment Terminals and accessries is as agreed in the Merchant Agreement r (fr ther mdels) as set ut n the then current price list f Adyen, in each case unless ther pricing is expressly separately agreed in writing per rder between Adyen and Merchant. The current pricing f Payment Terminals and accessries is available n request. The sales price fr the Payment Terminal includes the fllwing: Cables and initial supplies necessary t perate the Payment Terminal as specified in the prduct sheet f the Payment Terminal; The fllwing Payment Terminal preparatin in an envirnment secured in accrdance with applicable PCI DSS security standard: Adyen keys injectin int the Payment Terminal; Adyen Payment Terminal Sftware laded int the Payment Terminal; Basic functinality test f the Payment Terminal; and Secure packaging fr shipment, including anti-tamper seal. Registratin and activatin f the Payment Terminal in the Cmpany Accunt n the Adyen Platfrm by Adyen r Merchant via the Custmer Area; Versin date: December 2018

2 Shipment t Merchant s designated central address (standard pstal delivery nly; curier services / express delivery n Merchant request is separately charged); The license t use the Adyen POS Sftware with the Payment Terminal t cnnect t the Adyen platfrm and use the Services fr the term f the Merchant Agreement; and POS Sftware supprt fr the Payment Terminal (as specified in sectin 4 belw). The sales price fr the Payment Terminal excludes the fllwing: Lcal in-stre implementatin and first line supprt t in-stre persnnel (wn respnsibility Merchant as specified in sectin 5 belw); Terminal Replacement Service (separately charged as set ut in sectin 3 belw); Optinal accessries (such as chargers, base statins and frames) and additinal supplies (such as additinal paper rlls fr printers and ther cnsumables). 2.2 Payment Terminal rdering prcess T rder Payment Terminals, Merchant must use the nline rdering tl made available t the Merchant. Merchant must prvide all cnfiguratin and ther details as requested. Adyen strives t prcess smaller (up t 20) Payment Terminal rders and transfer the gds t the carrier within 1 Business Day f receipt f the rder. The status f the rder can be tracked in the Custmer Area. Delivery lead times cmmunicated by Adyen s carriers are an indicatin nly and nt guaranteed. In case f any carrier delay, Adyen and Merchant will cperate t reslve such delay as sn as pssible. Fr larger rder quantities (>20 Payment Terminals), lnger rder prcessing times (up t 12 weeks depending n rder size) may apply. In case Merchant expects t rder larger quantities and wishes t secure a shrter rder prcessing time fr such rders, Merchant shuld cntact Adyen t separately agree an rder frecasting prcess t enable Adyen t meet such requirement. Orders fr Payment Terminals are inviced t Merchant n a mnthly basis, based n the shipping date f the relevant Payment Terminal(s). 3 Terminal Replacement Service 3.1 Scpe f Terminal Replacement Service The Terminal Replacement Service entitles Merchant t the free replacement f defect Payment Terminals nly in the fllwing cases: As a result f a hardware defect the Payment Terminal cannt be used t submit Transactins t Adyen; r The Payment Terminal therwise materially fails t functin in accrdance with its dcumentatin. 3.2 Pricing Terminal Replacement Service Terminal Replacement Service will be prcured fr all Payment Terminals prvided t Merchant, unless therwise agreed in the Merchant Agreement. Fr the Terminal Replacement Service, a mnthly fee per Payment Terminal applies as agreed in the Merchant Agreement. 2

3 3.3 Term and terminatin f Terminal Replacement Service Terminal Replacement Service will cntinue fr an indefinite term fr Merchant s Payment Terminals, unless (i) terminated by Merchant as set ut in sectin belw, r (ii) terminated by Adyen in accrdance with sectin belw Terminatin by Merchant Merchant may terminate the Terminal Replacement Service per the end f any calendar mnth by giving at least ne week prir ntice t Adyen. If Merchant wants t terminate Terminal Replacement Service fr a particular mdel nly, Adyen will endeavur t find a suitable slutin with Merchant. N fees paid fr Terminal Replacement Service are rebated n terminatin f the Merchant Agreement r in case f lss r destructin f a Payment Terminal. After terminatin f the Terminal Replacement Service, Merchant can n lnger use Adyen s repair service and can nly prcure new Payment Terminals t replace defect Payment Terminals. Once terminated fr a certain mdel, the Merchant cannt reactivate the Terminal Replacement Service Terminatin by Adyen Adyen may decide t n lnger supprt Terminal Replacement Service fr a specific Payment Terminal mdel by prviding Merchant with at least 6 mnths prir ntice f terminatin f Terminal Replacement Service fr the relevant Payment Terminal mdel ( TRS Terminatin Date ). Terminal Replacement Service will n lnger be available fr the relevant Payment Terminal mdel after the TRS Terminatin Date. N Terminal Replacement Service fee will be payable by Merchant after the TRS Terminatin Date. The TRS Terminatin Date fr a Payment Terminal mdel will nt be earlier than 3 years frm the date Merchant purchased such Payment Terminal, unless such earlier date is expressly indicated t Merchant befre Merchant places the rder fr the Payment Terminal. If the TRS Terminatin Date fr a Payment Terminal mdel is nnetheless less than 3 years frm the purchase date f an individual Payment Terminal (withut express indicatin), Adyen agrees t cmpensate Merchant (within 1 mnth frm the ntice f the earlier EOL Date) by refunding an amunt equal t 50% f the ttal Terminal Replacement Service fees paid fr that individual Payment Terminal n the fllwing invice. After ntificatin f the earlier TRS Terminatin Date, Merchant may (at its sle discretin) chse t (i) cntinue Terminal Replacement Service fr the relevant mdel at the price agreed in the Merchant Agreement r (ii) terminate Terminal Replacement Service fr the relevant mdel in accrdance with sectin abve. 3.4 Terminal replacement prcess T request a replacement under the Terminal Replacement Service, Merchant must (prir t the expiry f the term f the Terminal Replacement Service) submit a Payment Terminal replacement request frm (e.g. in the Custmer Area). Fr replacement f mre than 20 Payment Terminals at nce, Merchant shuld first cntact Adyen. Upn receipt f the Payment Terminal replacement request with all required details, Adyen will within ne Business Day prcess and transfer t the carrier a replacement Payment Terminal (same r equivalent mdel ffering at least same level f functinality). The shipment with the replacement will cntain return instructins (fr return at Adyen s expense) fr the defective Payment Terminal. Merchant must return the defective Payment Terminal in accrdance with 3

4 the return instructins within tw weeks after receipt f the replacement Payment Terminal (r by immediately handing ver the defective Payment Terminal t the curier if this ptin is made available by Adyen). If the Payment Terminal is nt returned within this perid, Merchant will be charged the csts f the replacement Payment Terminal. 3.5 Defects and exclusins Adyen will examine the defect Payment Terminal t establish the cause f the reprted defect. If the defect is cvered by the Payment Terminal Replacement Service (in-scpe), n additinal fees will be charged t Merchant. If n defect is fund in the Payment Terminal, the Merchant will be charged the csts f investigatin (nt t exceed 50% f the Payment Terminal s then current standard list price). If the issue that triggered the defect in the Payment Terminal is caused by an ut-f-scpe cause listed belw, then the Merchant will be charged the ut-f-scpe repair csts (nt t exceed the Payment Terminal s then current standard list price). Out-f-scpe causes are: Opening, changing, repairing, mdifying r adding t the Payment Terminal by parties ther than Adyen (r any attempt t d s); Use with imprper cnsumables, accessries r devices; Undue external influence (e.g. cntact with water, temperature utside perating cnditins, xidatin, drpping the device etc.); Imprper use, i.e. use cntrary t Adyen s perating instructins fr such Payment Terminal; Pwer supply defect (pwer surge); Missing parts r damaged plastics; Issues the Merchant culd have reslved itself by updating r enabling updates f the Payment Terminal Sftware in accrdance with sectin 4 belw; r Rechargeable battery failures. 3.6 Basic hardware warranty If Merchant has terminated r nt prcured Terminal Replacement Service, a basic 4-mnth warranty perid will apply fr Payment Terminals and accessries purchased by Merchant, starting frm the shipment date f the relevant hardware. T claim under this basic hardware warranty, Merchant shuld cmplete a warranty claim frm and return the defective hardware t Adyen in accrdance with Adyen s instructins. Adyen will investigate and repair r replace the Payment Terminal r accessry if the defect is cvered by the basic hardware warranty. Warranty claims made after the expiry f the 4-mnth perid and defects caused by the ut-fscpe causes listed in sectin 3.5 abve are excluded frm this basic hardware warranty. 4

5 4 POS Sftware & Updates 4.1 Types f POS Sftware Adyen prvides and supprts the fllwing tw types f sftware (tgether POS Sftware ) fr its Payment Terminals: Payment Terminal Sftware: The sftware laded in the Payment Terminal itself (enabling it t functin and cnnect t the Adyen platfrm t submit POS Transactins). POS Integratin Sftware: Sftware that can be used by Merchant t link third party POS devices, e.g. tablets, smartphnes r cash registers ( POS Devices ) t Payment Terminals. Adyen will make Patches and Releases available frm time t time fr the POS Sftware fr all supprted Payment Terminals as set ut in sectin 4.2 belw. Adyen will furthermre as part f the Services, at n additinal charge, supprt the use f the POS Sftware by prviding implementatin supprt as specified in sectin 5.1 belw. 4.2 Distributin f Updates Release ntes fr Updates Adyen will prvide ntice and cmmunicatin n updates via the Custmer Area (via the technical cntacts registered), highlighting the new features and functinalities. Fr POS Integratin Sftware Updates the Merchant will be infrmed n what t d t implement r allw the implementatin f the Update Fr Payment Terminal Sftware The Payment Terminal Sftware Updates will be remtely laded t the Payment Terminals by Adyen frm the Adyen platfrm autmatically, unless therwise agreed. T enable update installatins, Merchant shuld leave the device pwered n vernight (r allw sufficient time fr installatin f any Payment Terminal Sftware Updates befre stre pening), r at least peridically cnnect the Payment Terminal t the internet. The Payment Terminal Sftware updates will be pushed in regular fashin t the Merchant s Terminal Fleet. In case f any update released by Adyen t implement an urgent issue in the POS Sftware ( Emergency Patch ), Adyen reserves the right t update the Payment Terminal Sftware mre ften. Examples f reasns fr Adyen t issue Emergency Patches include sftware updates required t urgently attend t ptential security cncerns, PCI respnsibilities, updated Schemes Owner requirements r t address material Service stability issues Fr POS Integratin Sftware The POS Integratin Sftware Updates will be made available fr dwnlad via the Custmer Area. Implementatin f the Update f a POS Integratin Sftware is the respnsibility f the Merchant and can be timed as desired by the Merchant, prvided that lder Releases are n lnger supprted 6 mnths after a new Release is made available t the Merchant and that fr Emergency Patches shrter time windws may be applied as needed t address the relevant issue fixed with the Emergency Patch. 5

6 Nt installing Updates may lead t Scheme Rule breaches by Merchant and in exceptinal cases frce Adyen t suspend submissin f Transactins fr nn-updated POS Sftware. Nt installing Updates and any cnsequential breaches / suspensins are therefre fully at Merchant s wn risk and liability. This wuld be the case if nt installing the POS Sftware Update wuld cause the Payment Terminals t vilate applicable Scheme Rules r legal requirements, r wuld cause a material and immediate threat t the security f data r systems. Adyen will wrk with Merchant t avid such a suspensin f Transactins frm ccurring. 4.3 Supprt f Payment Terminals Adyen cmmits t use all cmmercially reasnable effrts t supprt the POS Sftware fr each Payment Terminal sld by Adyen t Merchant fr at least 3 years subsequent t the delivery f the Payment Terminal t the Merchant. If Adyen discntinues supprt f a certain type f Payment Terminal, it will where reasnably pssible annunce this at least 6 mnths in advance t the Merchant. If Adyen due t special circumstances decides t end POS Sftware supprt fr a Payment Terminal sld t the Merchant prir t the end f the 3 years perid (e.g. because f discntinued supprt by the hardware vendr, security cmprmise which cannt be fixed n such Payment Terminal by a POS Sftware update r new Scheme Owner requirements which cannt be fulfilled with such Payment Terminal), then Adyen will cmpensate Merchant by crediting a prprtinal part f the sales price f such Payment Terminal t Merchant n buying a replacement Payment Terminal frm Adyen (e.g. if the Payment Terminal is n lnger supprted 2 years after it was made available t the Merchant, Merchant will receive a credit f 1/3 f the sales price paid against the purchase f a replacement Payment Terminal). 5 POS Supprt 5.1 Implementatin supprt Adyen will supprt Merchant and its third-party suppliers in cnnecting third-party POS Devices as fllws: Make POS Integratin Sftware available fr integratin in supprted POS Devices t enable integratin; Prvide user dcumentatin fr the POS Integratin Sftware, related test checklists and ther general guidance; Prvide access t test accunts n the Adyen Test Platfrm; and Prvide reasnably requested technical guidance via the Adyen helpdesk n subjects nt cvered by the prvided dcumentatin. Optinally the fllwing additinal services can be rdered in supprt f integratin effrts: Test terminals and test cards (nly fr testing purpses, nt fr prcessing transactins fr actual sales). 5.2 POS First Line Supprt Adyen nly prvides POS First Line Supprt if specifically agreed in the Merchant Agreement. Fr this service, a mnthly fee per Payment Terminal applies as agreed in the Merchant Agreement. 6

7 If Adyen des nt prvide POS First Line Supprt, Merchant itself is respnsible fr all first line supprt activities t the end users f the Payment Terminals (e.g. stre staff) including all nsite activities with respect t the Payment Terminals. POS First Line Supprt cnsists f: Terminal supprt: general technical trubleshting related t Adyen s platfrm and Payment Terminal sftware: Help identify netwrk issues Payment device issues Accunt cnfiguratin Other urgent prblems and inquiries, such as theft, fraud r perfrmance issues Transactin supprt: trubleshting with regards t particular transactins: Payment statuses: refunds and refusal reasns Payment retries MOTO payments: ability t perfrm payments ver the phne in case f netwrk utage. This service will be available under the cnditins belw in English. Supprt in French, German, Dutch and ther additinal languages may als be made available in the relevant business hurs. The access numbers will be prvided t Merchant separately. 5.3 End-user and n-site supprt (Merchant respnsibility) Merchant is respnsible fr: (i) prviding all user supprt t the end users f the Payment Terminals (the in-stre persnnel); (ii) perfrming all n-site activities in the stres where the Payment Terminals are t be used; and (iii) nly if Adyen s POS First Line supprt has nt been prcured by Merchant, perfrming initial analysis and trubleshting f issues arising in the use f a Payment Terminal prir t engaging Adyen t reslve such issue. If Merchant cannt reslve the issue itself, Adyen s Secnd Line Supprt is available t assist Merchant as set ut in sectin 5.4 belw. Merchant s respnsibilities include: Being available t accept delivery f Payment Terminals at the designated address during regular business hurs. In the event f damage ptentially affecting the functinality r security f a Payment Terminal (e.g. brken casing, screen r keypad), lss, theft r destructin f a Payment Terminal, infrming Adyen immediately, and in n event later than 24 hurs after discvery f the incident, by sending an t pssupprt@adyen.cm with serial number f the Payment Terminal (if available) and identifying apprpriate cntacts at Merchant wh will be available fr fllw-up. In additin, as sn as pssible but ultimately 5 Business Days after discvery f the incident, Merchant will 7

8 prvide Adyen (by t pssupprt@adyen.cm) with a cmplete descriptin f the details f the incident and summarize all effrts undertaken/planned t investigate the incident and secure the infrmatin and Payment Terminals at issue. Installing and cnfiguring Payment Terminals n site in accrdance with the applicable installatin and cnfiguratin instructins prvided fr the Payment Terminal. If Merchant wishes t cnnect Payment Terminals t a POS Device, Merchant is als respnsible fr such installatin and cnnectin. Only if Adyen s POS First Line supprt has nt been prcured by Merchant: fr Payment Terminal issues which cannt be reslved by Merchant, Merchant shuld determine whether the issue is a malfunctin in the Payment Terminal Hardware r in the POS Sftware. Depending n the utcme f the analysis (by Merchant r by Adyen s POS First Line Supprt, as applicable): Fr hardware issues in the Payment Terminal, fllw the repair/replacement prcedure described in sectin 3 abve; and Fr POS Sftware issues, cntact Adyen s Secnd Line Supprt helpdesk as set ut in sectin 5.4 belw. Fr business cntinuity reasns, Merchant is advised t have a central spare stck per regin. Merchant must ensure that a central pint f cntact is available fr its end users (e.g. in-stre persnnel) in case f questins/issues. Such central pint f cntact shuld be sufficiently trained t deal with such end user questins. T enable Merchant s central pint f cntact t perfrm the abve end user supprt tasks, Adyen will make material and training available t Merchant n a train-the-trainer basis. If Adyen s POS First Line Supprt has nt been prcured by Merchant, these Merchant central pints f cntact will be Adyen s cntact persns fr any requests t Adyen supprt (and accrdingly Merchant s in-stre persnnel shuld nt cntact Adyen Secnd Line Supprt directly). 5.4 Secnd Line Supprt Secnd Line Supprt is available t all Merchants withut additinal charge. Merchant can cntact Adyen s Secnd Line Supprt helpdesk in case f an issue ccurring in the POS Sftware which cannt be reslved by Merchant by means f the dcumentatin and tls prvided by Adyen t Merchant. Fr example, Merchant shuld ensure it has implemented/allwed Updates t the POS Sftware that are made available by Adyen t Merchant as set ut abve in sectin 4.3. The current cntact details are listed n the Custmer Area. Adyen s Secnd Line Supprt helpdesk is available in the English language, ther languages may als be available. 5.5 POS supprt service levels Fr POS supprt, the fllwing service levels apply: Availability and respnse time Service windw Respnse Time* POS First Line Supprt 24 x 7 x 365 availability 90% within 45 secnds 8

9 POS Secnd Line Supprt Emergency Supprt** (fr pririty 1 and 2 issues) 9:00-18:00 hurs CET, PST and SGT n lcal business days 24 x 7 x 365 (utside lcal business hurs via t dedicated emergency address) 8 lcal business hurs 30 minutes * Respnse time: The time between: (i) (ii) the mment the issue is reprted by Merchant t Adyen tgether with all reasnably required infrmatin t be able t investigate and address the issue; and the mment Adyen has (in the case f POS First Line Supprt) respnded t a call r (in all ther cases) prvided its initial feedback n the issue and has started the reslutin prcess f the issue (autmated cnfirmatin f receipt is nt cnsidered initial feedback). ** Emergency Supprt: Supprt fr issues in Payment Terminal Sftware which blck the submissin f Transactins via a particular mdel f Payment Terminal generically, s excluding issues affecting ne individual Payment Terminal Reslutin time (fr POS Sftware issues) POS Sftware Issue Pririty Pririty 1: Issue blcking acceptance f payments fr all Payment Methds via all (prperly updated) Payment Terminals f a particular mdel Pririty 2: Issue blcking use f an individual Payment Methd via all (prperly updated) Payment Terminals f a particular mdel (payment via ther Payment Methds still pssible) Pririty 3: All ther issues in POS Sftware materially hindering the acceptance f payments. Reslutin time target* 4 hurs after ticket is lgged with Adyen 1 Business Day Reasnable effrts t reslve in next Update * The reslutin target regards Adyen making an Update available fr the POS Sftware (r a recmmended change in the setting f the same) that reslves the issue r prvides a wrk-arund fr the same. This reslutin target nly applies t issues riginating in the POS Sftware and caused by a previus Update issued by Adyen fr such POS Sftware. Excluded frm the reslutin target are issues caused r riginating in: sftware embedded by the hardware manufacturer f the Payment Terminal, systems r sftware f Scheme Owners, third-party POS Devices, user errr, nt installing Updates r nt fllwing installatin and usage instructins as prvided by Adyen. 6 General respnsibilities f Merchant T access and use the Services f Adyen, Merchant must in perating and using the Payment Terminal: Ensure that the Payment Terminal is kept and perated in a suitable envirnment, used nly fr the purpses fr which it is designed, and perated in a prper manner; Make n alteratin t the Payment Terminal and nt remve any cmpnent(s) frm the Payment Terminal withut the prir written cnsent f Adyen; Permit Adyen r its duly authrized representative t inspect the Payment Terminal at all reasnable times, subject t reasnable ntice and during reasnable wrking hurs at the relevant lcatin; 9

10 Nt, withut the prir written cnsent f Adyen, allw any third party t use the Payment Terminal r submit POS Transactins via the Payment Terminal n behalf f a third party. The Payment Terminal may nly be used by Merchant t submit POS Transactins t Adyen in its wn name and fr the business it registered fr when entering int the Merchant Agreement; Cmply with the relevant usage manuals fr the Payment Terminals and the POS Services f Adyen in general as published n the Custmer Area, including in particular: The manual f the particular type f Payment Terminal; The Netwrk Requirements Manual fr Payment Terminals t ensure IP cnnectivity fr the Payment Terminals t enable their prper functining; and The Payment Security Manual which prvides guidelines t assist Merchant in safe and secure use f the Payment Terminal and POS Services; Cmply with PCI DSS security requirements impsed by the Card Schemes in handling and using Payment Terminals and n Adyen s request fill ut Self- Assessment Questinnaires ( SAQs ) prescribed by the Scheme Owners under applicable PCI DSS regulatins t cnfirm such cmpliance; and Fllw the Scheme Rules in perating the Payment Terminals t submit POS Transactins. 10