DISCLAIMER: By using or accessing Dejavoo’s products or services related to its custom fee program (the “Program”), you acknowledge and agree that you have reviewed and understand the following terms. You agree that you shall not use or operate the Program in violation of applicable laws, including the card brands’ rules and regulations (“Rules”). You are solely liable for any actions or inactions related to your use and/or implementation of the Program or any use by your merchants or customers, including any violations of applicable laws or the Rules. DEJAVOO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR WORKMANSHIP. · Surcharging is prohibited in the following 10 states: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas · Surcharging is prohibited on debit and prepaid transactions. The Program as it relates to surcharging is only for credit card transactions. · (A) the surcharge must be no greater than the merchant’s average discount rate for that brand’s credit card transactions, and (B) the surcharge cannot exceed 4% in any event. · The merchant must provide 30 days advance written notice to Visa, MasterCard, and the acquirer if they plan on implementing surcharging. · The merchant must provide clear disclosure to its customers that it is imposing a surcharge, including the amount, and that the surcharge is not greater than the merchant’s discount rate. · Signage must be posted for at least 30 days prior to implementing a surcharge alerting the merchant’s clientele regarding the surcharge. · In addition, MasterCard and Visa also now require that the surcharge amount be included in the transaction that is sent to MasterCard and Visa. A cash discount is not the same as a surcharge. A surcharge is an extra charge added by the merchant to a customer who chooses to pay with a credit card. However, with a cash discount, the merchant is not implementing an additional fee for accepting a credit card, but instead is providing a discount for those who pay with cash. This is a clear distinction, and one that Visa, Mastercard, and the courts have agreed upon. The merchant’s posted rates now become the rate for those who pay with cash. Those customers who pay with cash avoid the services fee and all others will see a line item added to their receipt. The Dejavoo Program does not allow surcharging on transactions that are entered as a debit transaction and does not allow a surcharge to be greater than 4% of transaction amount. However, it is solely your responsibility to comply with all applicable laws and the Rules and to cause your merchants and customers to comply with all applicable laws and Rules regarding use of the Program. The custom fee feature of the Program allows the set up a fee that will be applied to all card types. The name of this fee as well as the fee amount is determined by you and is inputted in STEAM. You should consult with legal counsel to make sure the fee name and amount is acceptable and does not violate any applicable laws or the Rules. The intent of this feature is NOT to circumvent or bypass debit surcharge rules but instead provides a mechanism to allow Merchant to enable a general fee across all payment types and in accordance with all applicable laws and the Rules. Consult with legal counsel and the Rules regarding any use and/or implementation of the Program. More information is available at the following resources (but is not limited to only these sites): · MC definition for Surcharge vs. a Convenience fee: https://www.mastercard.us/content/dam/mccom/en-us/documents/Merchant%20Surcharge_FAQ_02.14.13.pdf · Visa FAQ named surcharging-faq-by-merchants: https://usa.visa.com/dam/VCOM/download/merchants/surcharging-faq-by-merchants.pdf · Visa rules about cash discount: https://usa.visa.com/support/consumer/visa-rules.html Note that Dejavoo reserves the right to immediately suspend or discontinue the use of any downloaded file that Dejavoo reasonably believes is set up in a manner that violates applicable laws or the Rules. NOTICE: Please be advised of U.S. patents 8423439, 8478689 and 8131619B1 obtained by Randall Velseka (DTI) for “Service Fee Based Payment Processing” which include certain claims about cash discounts. Since the patents are “Method and Process”, you are advised to review and obtain a legal opinion regarding the implementation of a service fee program if using “cash discount” as part of your service fee on Dejavoo equipment.
