TERMS AND CONDITIONS TO YOUR POS DEVICE FACILITY
The Bank provides You with Acquiring Services to enable You to accept any valid and current Cards
from Your customers to pay for goods and services. These terms and conditions regulate the
processing of point of sale Transactions and have to be read in conjunction with the Merchant
Services General Terms and Conditions and will form part of Your Merchant Agreement. It contains
important information about Your and the Bank’s legal rights and obligations. A copy of these terms
and conditions are available online (visit www.fnb.co.za) and can be supplied to You by post and email
at Your request. It is Your duty to speak to the Bank if You do not understand any part of these terms
and conditions and/or any Product and/or Service Specific Terms and Conditions, prior to entering
into this agreement.
1.
1.1.
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
1.1.11
1.1.12
1.1.13
1.1.14
1.1.15
1.1.16
1.1.17
1.1.17.1
1.1.17.2
1.1.17.3
1.1.18
1.2.
1.2.1
1.2.2
1.2.3
1.2.4
YOUR OBLIGATIONS
The onus is on You to do the following:
accept all Cards presented to You by the Cardholder;
provide the Cardholder with a secure environment when he/she is asked to enter his/her PIN;
at all times have the Equipment plugged in and connected to an operational dial-up line authorised by the
Bank i.e. Telkom line or GPRS etc; in order to update vital information on a daily basis;
assume responsibility for the provision of power and any other infrastructural modifications required for the
Equipment;
keep and operate the Equipment in a proper, secure manner;
ensure that the POS Device reflects the correct date and time;
ensure that only You or Your employee(s) who are duly authorised to perform the supervisor function;
keep the supervisor card and supervisor PIN in a safe place with restricted access (for the supervisor only);
ensure that the sales voucher is processed on an imprinter or a POS Device supplied or approved by the
Bank;
provide the Cardholder with a legible copy of the sales voucher;
at all times treat the Cardholder’s account number and PIN as confidential and not disclose it to any person
except as required by law;
retain the Card if the Bank or the POS Device instructs You to do so, provided that it is safe for You to
do so;
only use the Bank’s tally roll paper in POS Devices;
retain a copy of all sales vouchers for a minimum period of 3 (three) years from the date of the
Transaction or as provided for in terms of applicable legislation;
bank Your Transactions daily. Transactions banked after 3 (three) months of date of the Transaction,
will not be processed by the Bank and the Bank will hold You liable for any Losses incurred by the
Bank and Chargebacks received as a result thereof. The onus is on You to advise the Bank if Your
POS Device is not banking. The Bank reserves the right to automatically bank Your Transactions;
ensure that Your POS Device is banking correctly; and
You must only accept Fleet, PetroCards and Garage Cards for:
the purchase of petrol and petroleum products, including oil and oil additives, lubricants, diesel fuel, paraffin
and power paraffin, petroleum additives and/or other similar motor products;
the purchase of motor vehicle spares, accessories and parts; and/or
the performance of services and maintenance on motor vehicles.
Should the abovementioned requirements not be complied with, the Transactions in question will be invalid
and the Bank may terminate the Merchant Agreement on notice to You and claim Losses from You.
You may not do any of the following:
conduct unlawful business activities;
accept Cards for any purpose other than current Transactions;
accept Cards which are: not current; have expired; mutilated; defaced; blank; illegible and/or Cards from which
the embossed legends are not readable or legible;
accept Cards to provide cash, unless the Bank agreed to this in Writing and You undertake to adhere to the
Cashback Terms and Conditions;
Terms and Conditions for the Use of the POS Device 20151001
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1.2.5
1.2.6
1.2.7
1.2.8
1.2.8.1
1.2.8.2
2
2.1
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.2
2.2.1
2.3
2.3.1
2.3.2
2.4
2.4.1
2.5
2.5.1
2.5.2
2.5.3
2.6
2.6.1
3
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
3.1.8.1
3.1.8.2
accept a Card Not Present Transaction, unless the Bank agreed to this in Writing and You undertake to
adhere to the Manual Entry Terms and Conditions;
duplicate a Transaction;
launder sales vouchers; and
accept a Chip Card and by utilising the supervisor function process the Transaction:
as a Manual Transaction; or
by using the magnetic stripe data.
EQUIPMENT
Ownership
You must retain control over the Equipment at all times and allow the Bank or the Bank’s Third Party Service
Providers to inspect the Equipment upon request.
The Bank shall remain the owner of the Equipment at all times in terms of the Merchant Agreement.
Notwithstanding what is contained in preceding clause above, the risk in and to the Equipment shall
pass to You on delivery, save for where such passing of risk is expressly excluded in terms of the
Merchant Agreement. You shall be liable for loss of and damage to the Equipment and the Bank shall
apply set-off/net-off or debit Your Nominated Bank Account with the full replacement value of any
Equipment in the case of loss and/or damage whilst the Equipment is in Your possession.
You shall not claim to be the owner the Equipment.
Upon termination of the Merchant Agreement, You shall return the Equipment to the Bank in materially the
same and proper working condition (fair wear and tear excepted). You must allow the Bank and the Bank’s
third party service providers access to You and/or Your dealers’ Premises to collect the Equipment, with
sufficient notice of collection dates.
Insurance
While this Merchant Agreement is in force, You must fully insure the Equipment, from the date of its
delivery to the date of collection by the Bank or the Bank’s Third part Service Providers, for its full
replacement value.
Installation and Training
The Bank or the Bank’s Third Party Service Provider will install and maintain the Equipment and train Your
employees on how to use the Equipment.
It is Your responsibility to arrange with the Bank to conduct training, including Fraud prevention training.
Restrictions on use
You may only use the Equipment to process Transactions for the entity that entered into the Merchant
Agreement. The Bank will hold You responsible for any claims made against it or Loss incurred if You allow
other non-contracted entity(ies) and/or third party(ies) to use the Equipment.
Maintenance
The Bank reserves the right to collect Equipment that has not been used for a period of 3 (three) consecutive
months.
You must obtain the Bank’s approval to relocate the Equipment to an address other than what the Bank has
on record. You shall under no circumstances relocate Equipment or part thereof from one outlet to another
unless consented to in Writing by the Bank.
If You do not allow the Bank to collect the Equipment, You hereby irrevocably authorise the Bank to debit Your
Nominated Bank Account with the replacement cost of the Equipment.
Service fees and charges
The Bank reserves the right to charge levy and service fee against Your Nominated Bank Account for
installation costs, no fault calls, and repair costs of the Equipment.
EXCLUSIONS
The scope of the maintenance services will not include the following:
maintenance or repairs of electrical work, telecommunications circuits and/or apparatus connected to, but
external to, the Equipment and/or any accessories;
painting and/or refurbishment of the Equipment;
the installation and/or use of items not approved by the Bank in Writing or supplied by the Bank;
the supply of consumable items;
services resulting from You relocating or removing the Equipment, or any part thereof;
the costs incurred as a result of a request by You to attend to: a defect, restoration of lost service; damage
caused directly or indirectly as a result of: misuse; malicious damage; negligence and/or the failure of
connectivity lines, other equipment and/or apparatus connected to the Equipment;
“no fault calls”, where a call for maintenance services is logged and it subsequently becomes apparent that
there is no problem with the Equipment. A service fee will be levied against Your Nominated Bank Account for
a no fault call; and
the repair or damage of Equipment or the restoration of lost or impaired service resulting, directly or indirectly,
from:
the connection of accessories, attachments or devices, without the prior Written consent of the Bank;
the installation of the Equipment by anyone other than the Bank or its Third Party Service Providers;
Terms and Conditions for the Use of the POS Device 20151001
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3.1.8.3
3.1.8.4
3.1.8.5
3.1.8.6
3.1.8.7
4
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.7.1
4.1.7.2
4.1.8
4.1.9
4.1.10
4.1.11
4.1.12
4.1.13
4.1.14
4.1.15
4.1.16
4.1.17
4.1.18
4.2
4.2.1
4.2.1.1
4.2.1.2
4.2.1.3
4.2.1.4
4.2.1.5
4.2.1.6
4.2.1.7
4.2.1.8
4.2.1.9
4.2.1.10
4.2.1.11
4.3
4.3.1
4.3.1.1
4.3.1.1.1
the use of software applications not provided and/or approved by the Bank;
alterations or additions to the Equipment, service or operator facilities, except as otherwise provided for in the
Merchant Agreement;
unauthorised maintenance or tampering with the Equipment or negligence on Your part or that of Your Third
Party Service Providers;
maintenance services performed at any time outside the periods of maintenance; and/or
Acts of God and any other event beyond the Bank's control, including theft, accident or failure of electrical
power, war, fire, flood, legislation and insurrection.
TRANSACTIONS
Authorisation
To enable You to conclude a Transaction, the Bank will supply a keypad with the POS Device, allowing You to
either: swipe a Card or insert a chip Card into the POS Device and Cardholders to key in their PIN, thereby
effecting a Transaction.
You must apply to the Bank for Authorisation for all Transactions, at the time of the Transaction;
You must ensure that the expiry date on the Card has not been reached;
You must obtain the Bank’s prior Authorisation for all Transactions, including Budget Transactions.
You may only request Authorisation at the time of a Transaction.
Authorisations are only valid for specific Transactions and amounts.
Authorisation requests in the case of a POS Device will be made by:
swiping a Card with a magnetic strip; or
inserting a chip Card into the POS Device and allowing the Cardholder to key in the PIN.
You may not split or disguise Card Transactions or act in a way to avoid obtaining Authorisation from
the Bank in those circumstances where You are obliged to obtain such Authorisation.
You may not force through Transactions by swiping the supervisor card or PIN without obtaining a
valid Authorisation code.
You may not override a Transaction if Your request for Authorisation of the Transaction is declined.
You may not contact the Bank for voice Authorisation if Your request for Authorisation of the
Transaction is declined.
You must contact the Bank to cancel the Authorisation if the Parties do not proceed with the
Transaction.
If the initial amount for which Authorisation was obtained differs from the final amount charged to the
Cardholder, You must cancel the initial Authorisation request by contacting the Bank.
You must ensure that Your sales voucher does not differ from the copy given to the Cardholder.
You must obtain the signature of the Cardholder on the sales voucher or POS Device generated
receipt and provide the Cardholder with a legible copy thereof. The signature must be compared with
the signature on the back of the Card. Should the signatures not correspond, You must obtain a Code
10 Authorisation from the Bank irrespective of the Transaction amount. This provision does not apply
to Chip Cards, except where a chip on a Chip Card has been damaged and the Card is swiped.
The Bank does not have to provide You with reasons for declining requests for Authorisation.
If the Bank accepts a Transaction in error which should not have been Authorised, but was
Authorised, You still have a duty to obtain Authorisation for future Transactions.
Should the abovementioned requirements not be complied with, the Transactions in question will be regarded
as invalid and the Bank may terminate the Merchant Agreement on notice to You and claim Losses from You.
Invalid Transactions
The sales voucher and/or POS Device generated receipt will be invalid if:
the sales voucher is illegible;
the supply of goods, services and/or other facilities for which it is issued, is for any reason illegal;
the Card number comprising the embossed legends appear on any Hot Card/REDs list available to You;
a mutilated, defaced, blank or illegible Card or one from which the embossed legends are not readily
ascertainable was accepted;
the value of the Transactions exceeds the authorised Floor Limit and no Authorisation had been obtained from
the Bank;
You fail to obtain the Bank’s prior Authorisation for every Transaction;
the sales voucher or POS Device generated receipt is materially incomplete;
the sale voucher or POS Device generated receipt reflects a duplicate of previously completed Transactions;
You have completed a handwritten voucher. For this purpose “voucher” means a sales voucher and/or credit
voucher;
You have completed a Manual Transaction to avoid swiping of the Card through the POS Device; and/or
You fail to adhere to the Rules.
Manual Transactions
Manual Transactions General
the Bank may in addition to any other rights contained elsewhere in this Merchant Agreement, treat a
Transaction as invalid and charge the Transaction back to You if found:
to have been performed by Your employee(s) not authorised to do so;
Terms and Conditions for the Use of the POS Device 20151001
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4.3.1.1.2
4.3.1.1.3
4.3.1.2
not to have a corresponding sales voucher; and/or
to have occurred as a consequence of any error, illegal and/or Fraudulent Transaction perpetrated.
You have to record the manual process by using the Bank’s stationery. Non-compliance with this requirement
will result in You being held liable for the amount charged back.
4.3.1.3
You will be held liable for all Transactions processed offline which result in Chargebacks, as such
Transactions will be regarded as unauthorised Transactions.
4.3.1.4
Obtaining voice Authorisation from the Bank and/or receiving an Authorisation code from the Bank:
4.3.1.4.1
is merely a confirmation that there are sufficient funds available in the Cardholder’s bank account;
4.3.1.4.2
does not imply that a Transaction is not a Fraudulent Transaction;
4.3.1.4.3
does not guarantee the validity of the Transaction;
4.3.1.4.4
does not exempt You from Your duty to prevent Fraudulent Transactions;
4.3.1.4.5
does not imply that the intended Transaction cannot be declined later; and/or
4.3.1.4.6
does not imply that the Transaction cannot be subject to a Chargeback.
4.3.1.5
By processing Manual Entry Facility Transactions You acknowledge that You understand the risks
associated with the processing thereof and that You agree to accept such risks. By using the Manual
Entry Facility You acknowledge that the risks in utilising the Manual Entry Facility have been explained
and You agree to accept such risks.
4.3.2
Manual Authorised Transactions
4.3.2.1
“Manual Authorised Transaction” refers to the process where You intend processing Transactions manually
when the Equipment has a technical malfunction and/or where the Equipment prompts You to contact the
Bank for Authorisation.
4.3.2.2
You must obtain the Bank’s prior Authority before processing the Transaction manually.
4.3.2.3
You may not contact the Bank if Your request for Authorisation of the Transaction is declined. You
must first follow the process set out in Authorisation clause above prior to obtaining voice
Authorisation for any Transaction.
4.3.2.4
Failure to make an attempt to obtain Authorisation by swiping the Card or inserting the Chip Card into
the POS Device, may be construed as a breach of Authorisation clause above and Losses incurred as
a result thereof will be for Your account.
4.3.2.5
After You have received an Authorisation code from the Bank, You must:
4.3.2.5.1
enter the Card details (Card number and expiry date), including the Authorisation code number and value of
Transaction, into the Equipment, whereupon the card number, expiry date and Authorisation Code will be
printed on the POS Device generated sales voucher;
4.3.2.5.2
take an imprint of the Card as confirmation that the Card was present (the imprint must be legible). You must
take a Card imprint for all manual authorised transactions, failing which You will be held liable for the value of
the Transaction. You may not make a photocopy of the Card. The following information must be displayed on
the imprint:
4.3.2.5.2.1 Card number;
4.3.2.5.2.2 expiry date of the Card;
4.3.2.5.2.3 value of the Transaction; and
4.3.2.5.3
the signature of the Cardholder.
4.3.2.6
If You do not follow this process You will be liable for any Loss incurred by the Parties and/or
Chargebacks relating to these Transactions.
4.3.2.7
Manual Transactions on debit Cards are not allowed.
4.3.2.8
With debit Card Transactions, an Equipment failure will result in You being unable to obtain Authorisation and
consequently You will be unable to process any Transactions on debit Cards.
4.3.3
Manual Entry Facility
4.3.3.1
You may only process Manual Entry Facility Transactions if the Bank gives you permission to do so.
Processing Manual Entry Facility Transactions are subject to the Manual Entry Facility Terms and Conditions.
4.3.3.2
Manual entry will not automatically be loaded on Your profile.
4.3.3.3
The Bank can, at the Bank’s own discretion, activate or deactivate Manual Entry on Your profile.
4.3.3.4
It is Your responsibility to ensure that an imprint of the Card is taken when processing a Manual Transaction.
4.3.3.5
In accordance with Manual Entry Facility Transaction procedures, the Bank may in addition to any other rights
contained elsewhere in the Merchant Agreement, treat as invalid and charge back to You any Transaction
found:
4.3.3.5.1
to have been performed by Your employee(s) not authorised to do so;
4.3.3.5.2
to have been for any reason illegal;
4.3.3.5.3
not to have a corresponding sales voucher; and/or
4.3.3.5.4
to have occurred as a consequence of any error or Fraudulent Transaction perpetrated.
4.3.3.6
You will be held liable for all Transactions that are processed offline which result in Chargebacks as
they would be regarded as unauthorised Transactions.
4.4
Refunds
4.4.1
The Bank may give You a Refund facility. The Bank can stop this facility at any time, on verbal or Written
notice to You.
4.4.2
You may only process Refunds to the Card that was used when the purchase took place.
4.4.3
You must process Refunds on credit Card Transactions by using the refund facility on the Equipment.
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4.4.4
4.4.5
4.4.6
5
5.1
5.2
5.2.1
5.2.2
5.2.3
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.12.1
6.12.2
6.12.3
6.12.4
6.13
6.13.1
6.13.2
6.13.3
You may not process Refunds on Cards, if it is unrelated to a valid purchase or service rendered by You.
You may not process a Refund on debit Cards by using the POS Device. You must process Refunds on debit
Card transactions by refunding the Cardholder in cash.
You may not give cash Refunds for credit Card Transactions.
PAYMENTS TO YOU
The Bank will credit Your Nominated Bank Account with the total value of all valid sales vouchers,
alternatively, the electronically posted value of all sales vouchers.
In posting a sales voucher or electronically posting the value of the sales voucher, You warrant that:
the information thereon is both true and correct;
there has been due and proper performance by You of Your obligations in terms of the supply of goods and/or
services to the Cardholder; and
there has been due compliance with the Rules.
CASHBACK WITH PURCHASE TRANSACTIONS (This clause is not applicable to the acceptance of
Fleet Cards and the processing of Fleet Card transactions)
You may only process Cashback with Purchase Transactions if the Bank gives you permission to do so.
The limit on the maximum amount of cash which may be withdrawn by the Cardholder at any time and on any
day will be determined by the Rules.
The fees and charges payable by You to the Bank in respect of the Acquiring Services are set out in Your
Statement. Your Statement is a reflection of Your latest and most up to date Schedule of Fees and Charges.
Your latest Statement shall apply at all times.
You may not use the Bank’s Equipment to only process Cashback Transactions.
Should the Cashback with Purchase Transaction facility be abused, Your Cashback with Purchase
Transaction facility may be terminated and penalties may be levied, and You will be liable for any Losses
incurred by the Bank.
You will be held responsible for any Fraudulent Transactions and associated Chargebacks.
Cashback with Purchase Transactions are not allowed at forecourts.
Cashback with Purchase Transactions may not be processed by way of a Manual Transactions are allowed.
Cashback with Purchase Transactions are only allowed on domestic MasterCard and VISA Cards.
You may not reverse or refund Cashback with Purchase Transactions.
When using the Cashback with Purchase Transactions facility, You must do the following:
Authorise and complete the Transaction as a purchase;
apply for Authorisation for all Cashback with Purchase Transactions, regardless of Your Floor Limit;
process all Cashback with Purchase Transactions electronically on the POS Device; and
allow the Bank to conduct mystery shopping exercises or checks.
Important Notice: TAX Implications
The Bank strongly recommends that You obtain independent professional advice regarding any tax
implications arising from the acceptance and processing of Cashback Transactions.
You are fully responsible for any tax implications arising from the acceptance and processing of Cashback
Transactions.
You agree that You will not hold the Bank liable and You hereby indemnify the Bank fully, and hold the Bank
completely harmless, against all Losses You or the Bank may incur, including all legal costs on an attorneyand-own-client scale, to the extent to which Losses arise out of or are connected to the acceptance and
processing of Cashback with Purchase Transactions.
Terms and Conditions for the Use of the POS Device 20151001
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