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API INTEGRATION AGREEMENT - Part 5

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Manmeet Gill
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0% found this document useful (0 votes)
53 views5 pages

API INTEGRATION AGREEMENT - Part 5

Uploaded by

Manmeet Gill
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ANNEXURE B

(REVENUE SHARE)

1. The Bank will levy a penalty of Rs 1.25 lacs in case the Service Provider has less
than 5 customers signed up in any quarter.
2. Platform support and service maintenance charge (KCM Support;
Development & API GW; Customer service support; Internal promotion)

Yearly Charge INR


3.
The Service Provider will ensure that the Service Provider will charge a minimum
of Rs 15000 per setup as setup fee from their customers, with any exception to
be approved by the Bank
4. The Bank will charge directly to Service Provider the transaction charges closed with SP
in the proposal for each API, then SP will charge it to end customer.
5. The Bank will raise an invoice to SP or debit the charges from SP’s account according to
the bill cycle of each API and Service provider undertakes to pay the charges to the
Bank within 15 (fifteen) days of receipt of an invoice to this effect.
6. Any revision of fees / charges will be mutually agreed in writing between the Service
Provider and the Bank and shall form an integral part of this Agreement.
7. For CIB Payment APIs, the transaction charges closed with partner will be applicable
from 1st of subsequent month of on boarding request.
8. The Bank shall ensure to issue Tax Invoice according to Central Goods & Service Tax
Rules 2017. The Bank should properly classify the HSN /SAC Codes on Tax Invoice and
accordingly GST should be applied on goods or services or both according to GST
Schedule of Taxes. The Bank shall ensure to do necessary GST compliance as
applicable under GST act and rules made thereunder and as amended from time to
time.
9. Each Party may deduct any taxes that it determines it is obligated to deduct from
payment made to other Party under this Agreement, as per Income-tax Act, 1961 or
such other law as may be applicable from time to time. Each Party shall provide other
Party with any forms, documents or certifications, including Permanent Account
Number, as may be required to satisfy each Party's tax deduction obligations with
respect to any consideration payable under this Agreement and each deductor Party
confirms that it would duly comply with provisions of Income-tax Act, 1961 or such
other law as may be applicable from time to time regarding tax deposit with the
relevant authority and submitting necessary proofs and TDS certificates to the
deducted Party within statutory time limits.

1
ANNEXURE C
(Restricted Merchant Category)

 Advance payments greater than 1 year (any product or service)


 Airlines
 Any merchant offering a negative renewal option following a free or low cost purchase or
other deceptive or questionable billing practice*
 All sexually orientated or pornographic merchants: -
 Adult book stores, video stores, retailers of lingerie and sex aids / ‘toys’*
 Adult websites and content*
 Adult entertainment (misc)*
 Audio (phone sex adult phone conversations)*
 Companion/Escort services*
 Dating services (sexually oriented) or aimed at “sex contact” or similar, or with sexually
explicit pictures*
 Fetish products*
 Massage parlours (sexually oriented)*
 Miscellaneous adult entertainment (not elsewhere classified)*
 Prostitution*
 Gentleman’s clubs, topless bars, and strip clubs *
 Membership, clubs, subscriptions*
 Any products on the internet containing graphic or nude content*
 Any illegal activity (e.g. child pornography, bestiality etc)*
 Video (web-based sexually oriented video)
 Any 7995 (online gambling) transactions on U.S. or other jurisdictions issued cards where
such transactions are illegal
 Any illegal products/services or any service providing peripheral support of illegal activities
(e.g. drugs)*
 Attendant services (bodyguards)
 Bail Bondsmen
 Bidding Fee Auctions (a.k.a. penny auctions)
 Businesses selling using the following methods:
 Door-to-door sales
 Fulfilment house (merchant offering goods for sale, or order taking, on behalf of one
or more 3rd party companies)
 Inbound telemarketing in response to a postcard or similar offer
 Outbound telemarketing or facsimile
 Pyramid selling / Multi-level marketing where the primary objective is the solicitation
of new distributors and not the sale of products/services
 Sales force that are remunerated on a commission only basis
 Solicit cardholders when they contact call centres to purchase products of other
direct marketers (“Up-sell”)
 Cash advances (other than financial institutions)
 Cash Gifting* (ponzi scheme similar to chain letters where consumers are encouraged to
“gift” a payment to another party and then solicit others to gift funds to them)
 Chain letters*
 Cheque cashing
 Collection Agencies
 Companion/Escort Services (adult and non-adult including internet)*
 Computer software (e.g. anti-virus) sold via inaccurate advertisement
 Cruise lines
 Currency exchange or dealer
 Debt/interest consolidation services or reduction services

2
 Decryption and descrambler products including mod chips designed to illegally circumvent
computer/console software piracy protection
 Digital Gaming Reseller Services
 Discount Buying Clubs / home shopping clubs
 E-Cigarettes internet / MOTO
 Embassy, foreign consulate or other foreign government
 Essay mills / Paper mills
 Fake references and other services / products that foster deception (including fake IDs and
government documents)
 File sharing services/cyberlockers
 Foreclosure protection/guarantees (including “how to” guides”)
 Flea markets (defined as firms/individuals operating from a booth, whether indoor or
outdoor, on a part-time basis, with no lease or telephone availability)
 Fortune tellers, palm readers, tarot readers etc
 Free gift, prize, sweepstake or the winning of a contest as an inducement to purchase a
product or service
 Fulfilment Centres
 Gambling or gaming related activities (including internet), for example:
 Betting shops / bookmakers
 Casinos
 Gambling houses
 Lotteries or other uncertain games
 Spread betting (including financial spread betting, contracts for difference, FX
trading)
 Sports forecasting or odds making
 Government grants
 Government Issued Licenses
 High Risk Securities, including but not limited to the following:
 Binary options trading
 Contracts for difference (CFD)
 Foreign Exchange (Forex) currency options trading
 Cryptocurrency options trading
 Initial coin offerings (ICOs)
 Home based businesses with non face-to-face transactions, where the merchant’s target
market is outside the acquirers jurisdiction.
 How to books, newsletters, subscriptions or on-line access for ANY industry shown in this
unqualified list
 Illegal activities (products, services or any services providing peripheral support thereof,
including drug paraphernalia)*
 Investment programs / business opportunities / seminars (when moved to restricted &
why, should we keep for ISO)
 Issue/seller/redeemer of money orders or travellers cheques
 IT services help desk (home based)
 Jammers or devices that are designed to block, jam or interfere with cellular and personal
communication devices/signals
 Lead Generation
 Lifetime subscriptions (any product or services)
 Lottery clubs
 Mail order spouse and international match-making services
 Medical discount benefits packages (including medical cards)
 Medical Marijuana including Marijuana dispensaries (and affiliated services)
 Merchants offering rebates or special incentives
 Merchants engaged in activities prohibited by the Card Brands
 Merchants or principals on MATCH/VMAS
 Merchants, principals or related entities previously identified by any Card Brand for
deceptive practices or any violation of Card Brand rules.
 Merchants in a Card Brand excessive chargeback or fraud program or merchants with
chargeback or fraud rates over 1%
3
 Merchants that use tactics to evade Card Brand excessive chargeback or fraud monitoring
programs
 Merchants up-selling or cross selling products of other merchants and then sharing the
cardholder data with the third party or receiving cardholder data from third parties (Data
Pass)
 Merchants physically located outside of the acquirers jurisdiction permitted area of use
 Merchants splitting sales across multiple transactions
 Merchants that have ransom-like or extortion-like basis for their business model (e.g.
mugshot removal)
 Merchants trading (buying/selling) in gold bullion and other precious metals in bulk
quantities
 Merchants engaged in any form of deceptive marketing practices including but not limited
to:
 Hidden disclosures
 Bogus claims & endorsements
 Pre-checked opt in boxes
 Refund /Cancellation avoidance
 Merchants which could be considered may damage the brand or reputation of First Data,
FDI or the Card Brands – with specific reference to MasterCard and Visa “brand damaging
transactions” guidelines.
 Merchant operating as a front for other businesses.
 Military Arm and equipment financing
 Modelling Agencies (adult and non-adult)*
 Money Transfer services
 Mortgage / loan modification
 Mortgage credit / debit reduction/consulting services
 Negative renewal option following a free or low cost purchase (including pay for shipping
only offers) where any of the following apply:
 The term and conditions pertaining to the free trial and/or recurring charges do not
contain clear disclosure to billing practices.
 Contain cancellation obstacles
 Do not provide reminders prior to billing
 Pre-checked opt in boxes
 Non-essential (improvement type) cosmetic surgery
 NOTE – Essential surgery (including, for example, laser eye surgery) may be
considered under Tier II/Restricted
 NOTE – treatments such as Botox injections and laser removal of tattoos, blemishes,
veins etc are not considered ‘surgery’ and reputable businesses may be considered
under Tier II/Restricted
 Non face-to-face sales of:
 Firearms and weapons
 Pharmaceuticals (prescription drugs)*, contact lenses (unless registered optometrist)
or medical devices (as described under MasterCard BRAM)*
 Tobacco products
 Non FCA regulated financial/investment programs/opportunities, for example:
 Credit repair or protection or restoration (including identity theft protection)
 “Get rich quick” schemes (including internet search /ad optimization)
 Mortgage or loan reduction/modification/protection/guarantee services
 Mortgage / credit / debt reduction/consulting services
 Real estate seminars
 Non Registered Charities
 Nutraceuticals (e.g. acai berry, health related teas, herbal remedies or drinks etc)
 Pay Day Loan lenders and brokers (Any broker for or lender of small value loans over a
short payment period, attracting very high interest rates).
 Pawnbrokers and pawn shops
 Private detectives
 Products/services that promote hate, violence, harassment or abuse

4
 Provider or seller of prepaid access/stored value including both open-loop and closed-loop
whereby the value of the card exceeds $2,000 on any day. (Closed-loop prepaid access
includes gift cards, phone cards, subway cards, college campus cards, game cards and
other limited use prepaid access devices
 Pseudo-pharmaceuticals (weight-loss, diet pills, anti-aging pills, anti-wrinkle creams, teeth
whitening products, muscle building, sexual stimulants supplements, male enhancement
products, colon cleansers, detox products, glucose strips, hCG, HGH-like substances, anti-
aging pills, sex nutrients, vitamins etc)
 Replica or counterfeit products that infringe on copyright or similar*
 Shippers/forwarding brokers, Internet/MOTO
 Social media “click farms” (e.g. the sale of clicks/likes/reviews/endorsements on social
media)
 Solicitors engaged principally in the practice of bankruptcy law
 Substances designed to mimic illegal drugs and/or other psychoactive products (e.g., K2,
salvia divinorum, nitrite inhalers, bath salts, synthetic cannabis, kratom, (herbal smoking
blends & herbal incense)
 Telemarketing (outbound) merchants (MCC 5966) Companies that solicit orders primarily
with outbound telephone calls, facsimile or email. Includes “Up-sellers”
 Telemarketing (inbound) merchants (MCC 5967). Audiotext or videotext that customers
access via phone, fax or internet.
 Telemarketing (inbound) travel merchants (MCC 5962) – including discount travel clubs,
membership of subscription to travel services or newsletters where subscribers may select
pre-packaged trips.
 Ticket Agencies
 Timeshare related businesses, including travel clubs
 Third Party Payment Processors payment services companies (e.g. Marketplaces, bill pay
services, crowd funding, peer-to-peer payments, digital wallets, commissary accounts etc)
Aggregators falling outside of MasterCard/Visa approved program requirements (Payment
Facilitators)
 Virtual currency (that can be monetized, resold, converted, traded into physical/digital
goods & services outside the virtual world)
 Webhosting companies with negative renewals and any of the following practices:
 Free or low cost trial offers
 Pay for shipping only offers
 Pre-checked boxes showing cardholder agreement with the merchants terms and
conditions
 Multi-level marketing
 Terrorism individuals and organisations as listed by applicable governments.

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