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FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 1 -2013
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FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC 1 -2013
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Last modified
5/7/2013 3:53:46 PM
Creation date
2/25/2013 5:18:12 PM
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Contracts
Company Name
FIRST NATIONAL BANK OF OMAHA/TSYS MERCHANT SOLUTIONS, LLC
Contract #
N-2013-014
Agency
CITY MANAGER'S OFFICE
Expiration Date
8/1/2013
Destruction Year
2018
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5. Authorization: <br />5.1 On all SALES, MERCHANT shall request an authorization for the total amount of the SALE and shall record the positive <br />authorization response code on the SALES DRAFT prior to completing the SALE. If MERCHANT receives a negative <br />authorization response, MERCHANT shall not complete the SALE and may receive further instructions from the authorization <br />center. <br />5.2 MERCHANT may not, after receiving a negative response or decline on an authorization request: <br />A. split the SALE amount into multiple transactions in order to obtain a valid authorization for each one, so that the separate <br />transactions total the original dollar amount of the SALE; or <br />B. attempt any further electronic or voice authorizations. <br />5.3 In the event that an unsigned CARD is presented at the point of sale, MERCHANT must request that cardholder provide proof of <br />identification and sign the card before completing the SALE. Details of the identification provided must be placed on the SALES <br />DRAFT unless prohibited by local law. In the event that the cardholder refuses to do so, the SALE must not be completed. <br />5.4 In any of the following cases, MERCHANT shall obtain authorization from the voice authorization center, designated or approved <br />by TMS and/or BANK, before completing a SALES transaction: <br />A. paper MERCHANTS whose SALES exceed MERCHANT's floor limit as established by TMS and BANK, or amended from <br />time to time; <br />B. an unsigned CARD is presented; <br />C. if MERCHANT believes the CARD may be counterfeit or stolen or that the SALE is in some other manner suspicious or <br />unusual, MERCHANT should state to the voice authorization clerk, "This is a Code 10" and await further instruction; or <br />D. in any other circumstances hereinafter established by TMS and BANK or stated in the RULES and/or AGREEMENT. <br />5.5 If permitted in writing by TMS and BANK, a retail store that accepts an infrequent telephone order transaction should obtain an <br />authorization using the above authorization procedures. The floor limit for Card Not Present authorization is zero. In such cases, <br />the authorization does not protect the MERCHANT from CHARGEBACKS where the cardholder disputes that the CARD use was <br />authorized. <br />5.6 MERCHANT shall indicate to the voice authorization center the reason for the authorization request except where the sole reason <br />for the request is that the SALE exceeds the MERCHANT's floor limit. <br />5.7 When MERCHANT requests and receives a positive authorization code, MERCHANT shall enter such code onto the SALES <br />DRAFT. In the event that a negative response is obtained, the MERCHANT shall not complete the SALE and, if instructed, shall <br />attempt to pick up CARD by reasonable and peaceful means and notify the voice authorization center and ask for further <br />instructions. <br />6. Recovery of Cards: <br />6.1 MERCHANT shall use its best effort to recover any CARD, by reasonable and peaceful means, if: <br />A. the account number thereon is listed on an Electronic Exception File; <br />B. the printed four digits do not match the first four digits of the embossed account number (VISA); <br />C. MERCHANT is advised to do so by the authorization center; or <br />D. MERCHANT has reasonable grounds to believe such CARD is counterfeit, fraudulent, or stolen. <br />6.2 This obligation upon MERCHANT in no way authorizes a breach of the peace or any injury to persons or property, and <br />MERCHANT will hold TMS, BANK, and the ASSOCIATIONS harmless from any claim arising from any injury to person or <br />property or other breach of peace. <br />7. Multiple SALES and SALES DRAFTS and Partial Consideration: <br />7.1 Generally, all SALES accomplished at the same time should be included on one SALES DRAFT. <br />7.2 MERCHANT shall not affect a SALE when only part of the amount due is included on the single SALES DRAFT except: <br />A. when the balance of the amount due is paid by the cardholder at the time of the SALE in cash, by check, with another CARD, <br />or any combination thereof; or <br />B. when the cardholder executes two separate SALES DRAFTS in a delayed delivery transaction, whereby a deposit is made <br />by completion of one SALES DRAFT and payment of the balance is tendered by completion of a second SALES DRAFT, <br />conditioned upon delivery of merchandise or performance of services. If the total amount of both SALES DRAFTS exceeds <br />the floor limit, authorization must be obtained. <br />7.3 The use of multiple CARDS for one purchase is permissible, as long as an individual SALES DRAFT is used for each CARD. <br />The use of multiple SALES on one CARD, for one purchase, is not permitted <br />8. Returned Merchandise and Adiustments: <br />81 If MERCHANT agrees to credit a cardholder for any merchandise or service that was the subject of a SALE, MERCHANT must <br />provide a Credit Transaction Receipt using the same CARD as in the original SALE. Such credit shall not exceed the original <br />SALE amount. MERCHANT shall not make any cash refund on SALES. <br />82 MERCHANT may limit its acceptance of returned merchandise or establish a policy to make price adjustments for any SALE <br />provided proper disclosure is made and purchased goods and service are delivered to the cardholder at the time of the SALE <br />83 Proper disclosure means the words "NO REFUND," "EXCHANGE ONLY," or "IN STORE CREDIT ONLY" are printed in large <br />letters near the signature line on all copies of the SALES DRAFT prior to obtaining the cardholder's signature on the SALES <br />DRAFT. MERCHANT may stipulate other special circumstances or terms of the SALE on the SALES DRAFT. <br />84 For each credit transaction, MERCHANT must be able to provide TMS and BANK with evidence of the original purchase. <br />9. Cash Transaction: <br />91 MERCHANT shall not receive money from a cardholder and subsequently prepare a credit voucher for the purpose of depositing <br />to the cardholder's account. <br />201108 MTPA Terms and Conditions Page 12 of 35 CONFIDENTIAL
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