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Policy Updates

Updates to Payment Services Agreement for Australian Entities

Effective Date: 1 December 2017

We have made changes to Clause 2.01 (Fees) of the Australian Payment Services Agreement, which allows Braintree to revise fees at any time with at least 30 days' prior notice. You can access the amended Australian Payment Services Agreement here.

Updates to the Payment Services Agreement for EU Merchants

Effective Date: 13 January 2018 for EU Merchants or immediately for all new EU Merchants

Braintree is making some changes to its Payment Services Agreement that will be applicable to all EU Merchants. The Updated Braintree Payment Services Agreement will become effective on 13 January 2018 for EU Merchants (or immediately for all new EU Merchants). If you do not agree to these changes, you may close your Braintree account before 13 January 2018. You should review this Policy Update to better understand the changes that are being made.

The main changes to our Payment Services Agreement are as a result of changes required by the Payment Services Directive 2 but we’ve also made some general changes.

We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.

We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:

  • Utilizing recurring billing functionality without properly obtaining your customers’ consent to be billed in such a manner;
  • Submitting any Transaction for processing through the Braintree Payment Services which does not represent a bona fide, permissible Transaction as outlined in this Agreement and in the Association Rules, or which inaccurately describes the product or services being sold or the charitable donations being made;
  • Processing Transactions or receive payments on behalf of any other party, or (unless required by law) re-direct payments to any other party;
  • Displaying with unequal size or prominence, show preference for, or discriminate again one card brand or type over another, including your refund policies for purchases; and
  • Billing or collecting from any cardholder for any purchase or payment on the card unless you have the right to do so under the Association Rules

We’ve added information on our currency conversion process and that we reserve our right to revise our fees and charge for additional information provided to you in a different way. We have also updated our wording around tax and your responsibilities. The revised terms now state as follows:

  • All of the fees applicable to your use of the Braintree Payment Services, including applicable transaction, multi-currency and Chargeback fees are listed and accessible on our pricing page, available on our website. All applicable fees are due and payable immediately upon settlement of the applicable Payout Amount. Subject to notice, we reserve the right to revise our fees at any time.
  • If your transaction involves a currency conversion it will be converted at an exchange rate we set for the relevant currency exchange. The exchange rate is sourced from a sponsoring financial institution which is based on the rates available in the wholesale currency markets or, if required by law or regulation, at the relevant governmental reference rate(s) on the conversion date or the prior Business Day. Where a currency conversion is offered at the point of sale by Merchant, not by Braintree, and Merchant offers the exchange rate and charges, Braintree has no liability for that currency conversion.
  • Braintree reserves the right to charge a fee for providing additional information or for providing the transaction history and other information about our fees in a different way.
  • Taxes. Unless otherwise stated, all fees are quoted exclusive of any applicable value added tax (VAT). For the sake of clarity, the Braintree Services are in scope of the exemption from VAT of Art. 135 (1)(d) of the EU VAT Directive 2006/112/EC.

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PayPal is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

We’ve included new terms applicable to American Express acceptance through Braintree, which applies to all Merchants except those with a direct card acceptance agreement with American Express. These terms state as follows:

  • American Express may use the information in a Merchant’s Braintree application to screen and/or monitor the Merchant in connection with card marketing and administrative purposes.
  • Merchant may be converted to a direct card acceptance agreement with American Express if the merchant exceeds certain sales volume thresholds.
  • Merchant agrees to receive commercial marketing communications from American Express.
  • American Express is a third party beneficiary of the Payment Services Agreement and may enforce it against Merchant for purposes of American Express acceptance.
  • American Express may conduct an audit of Merchant at any time to determine compliance with the American Express rules.
  • Merchant authorizes Braintree to submit transactions to and receive settlement from American Express and to disclose transaction and merchant information to American Express for lawful business purposes.

We’ve included new terms applicable to China UnionPay acceptance through Braintree. These terms state as follows:

  • Merchant agrees for Braintree to disclose information obtained in your application at the time of setup to UnionPay International Co., Ltd (“UPI”) so that it can manage payment services for Merchants accepting payments utilizing the payment network of UnionPay.
  • Merchant, or a third party acting on its behalf, shall not use transaction receipts, UnionPay logos or marks for purposes outside of the scope of the Agreement.
  • Merchant will not consign or transfer the business of UnionPay card acceptance to a third party without Braintree’s written consent.
  • Merchant will not submit third party receipts to Braintree for settlement.
  • The following actions are not permitted by Merchant and Merchant shall assume full responsibility and liability for
    • including but not limited to,
    • alteration of the amount on transaction receipts,
    • split transactions,
    • cash out,
    • acceptance of credit cards listed in the card recovery bulletin,
    • excessive usage above the authorized limit,
    • insufficient signature and expiry date checking,
    • refund in case,
    • late presentment,
    • submitting false transactions to Braintree.
  • Merchant agrees to keep transaction receipts and original records related to transactions for at least one year. Merchant shall bear financial losses incurred due to inappropriate retention or loss of transaction receipts.
  • In the event that Merchant breaches the requirements listed under this Section 5.05 and/or the Acceptable Use Policy Braintree has the right to terminate Merchant’s use of UnionPay card acceptance.
  • Merchant shall allow UPI to use its risk information for normal business practices.
  • Braintree and UPI shall have the right of inquiry and recourse regarding transactions including after the termination of the use of UnionPay card acceptance or termination of the Agreement.

We’ve included new terms applicable to the iDEAL Payment Product provided by Braintree. These terms state as follows:

1. Interpretation and definitions

The provision of the iDEAL Payment Product shall be governed by Exhibit C as well as the Braintree Payment Services Agreement EU and the Braintree Acceptable Use Policy as supplemented or modified by Exhibit C.

iDEAL payments have a different functionality than credit or debit card payments. Therefore, unless otherwise specified therein, the terms of the Braintree Payment Services Agreement EU and the Braintree Acceptable Use Policy shall apply mutatis mutandis to the iDEAL Payment Product.

In case of inconsistencies between the Braintree Payment Services Agreement EU and the Braintree Acceptable Use Policy, and for purposes of the iDEAL Payment Product only, Exhibit C shall prevail.

In addition to the definitions from the Braintree Payment Services Agreement EU that are applicable mutatis mutandis, the following modifications and new terms shall apply to the iDEAL Payment Product:

  • “Certificate Agreement” means the certificate agreement between Braintree and the iDEAL scheme owner Currence iDEAL B.V. which allows Braintree to provide the iDEAL Payment Product to You.
  • “Currence Third Parties” means third parties which participate in iDEAL Payment Solution and list of which can be found at https://www.currence.nl/en/licences-ideal/ as updated from time to time.
  • “Fees” means the fees as set out under Section 4 of this Exhibit C.
  • “High Risk Profile Sales” means the sale of anonymous financial products that are not traceable or difficult to trace, such as telephone credits (pay-as-you-go), gambling credits or prepaid credit cards.
  • “iDEAL Payment Product” or “Product” means the iDEAL payment services that are provided by Braintree under this Exhibit C.
  • “iDEAL Payment Solution” shall have the meaning as defined in Section 2 of this Exhibit C.
  • “Initial Information” shall have the meaning as defined in Section 3(c) of this Exhibit C
  • “Invalidated Payment”, when used in the context of the iDEAL Payment Product, shall also include Reversals as defined in this Exhibit C.
  • “Issuer Bank” means a bank that has entered into a certification agreement with Currence iDEAL B.V. which authorizes the bank to allow their customers to make iDEAL payments from a bank account held with the bank.
  • “Payor” means Your customer / the buyer of the goods and/or services for which payment is made using the Product, and/or as the context requires, the holder of the bank account whose account is charged using the Product.
  • “Payout Amount”, when used in the context of the iDEAL Payment Product, means the amounts of all Transactions recorded by the iDEAL Payment Solution that have already been received by Braintree from the Payors but have not yet been disbursed to Merchant by Braintree, less the sum of all amounts due to Braintree.
  • “Reversal”, when used in the context of the iDEAL Payment Product, means a payment that Braintree may and/or is obliged to refund to the Payor because the payment (a) violates the Acceptable Use Policy; (b) is reasonably suspected by Braintree of violating the Acceptable Use Policy; or (c) has been categorized by Braintree as involving a transaction risk and is required to be reversed to mitigate the risk associated with the payment or (d) where the Merchant has failed to confirm payment within the requirement timeframe as notified to the Merchant
  • “Reversal Fee” means the Reversal Fee set out in Section 4 (referred to as Invalidated Payment) which Merchant shall pay to Braintree for every case of Reversal.
  • “Transaction”, when used in the context of the iDEAL Payment Product, means the iDEAL payment process initiated by Payor upon the conclusion of an agreement with Merchant on the purchase of goods and/or services by which Braintree (i) forwards Payor to the online banking interface offered by an Issuer Bank selected by Payor, (ii) allows Payor to login to his bank account with the Issuer Bank and make from his bank account a SEPA credit transfer for the respective Transaction Amount, (iii) provides Merchant with a payment confirmation or, as the case may be, a notification that payment was not successful, (iv) accepts the Transaction Amount and (v) disburses the Payout Amount to Merchant. Transactions will be deemed complete when Braintree receives the Transaction Amount and accepted such funds.
  • “Transaction Amount” means the amount owed by a Payor to Merchant under an agreement for the purchase of goods or services.
  • “Transaction Expiry Period” means the amount of time given to the Payor to complete a Transaction.
  • “Transaction Information” means any information collected by Braintree in relation to Transaction for the purposes of enabling the iDEAL Payment Product as agreed in the Braintree Payment Services Agreement EU.

2. Features of the iDEAL Payment Product

a. The iDEAL Payment Product includes the following features:

Payment processing. Upon initiation of a Transaction by Payor, Braintree shall (i) forward Payor to the online banking offered by the Issuer Bank selected by Payor, (ii) allow Payor to login to his bank account with the Issuer Bank and make from his bank account a SEPA credit transfer for the respective Transaction Amount, (iii) provide Merchant with a payment confirmation or, as the case may be, a notification that payment was not successful (as applicable), (iv) accept the Transaction Amount and (v) disburse the Payout Amount to Merchant.

iDEAL Payment Solution. Braintree shall provide the Merchant with an application programming interface (API) solution that allows the Merchant to enable its Payors to initiate Transactions (the “iDEAL Payment Solution”). In addition, Braintree shall provide Merchant with access to all payments processed via the Braintree Dashboard.

The iDEAL Payment Product is only available if the Payor’s bank account with an Issuer Bank from which the Transaction Amount shall be charged was established in one of the countries listed in Schedule 1.

b. Transaction

By allowing Payor to initiate a Transaction, Merchant authorizes Braintree to receive the Transaction Amount in Braintree’s own name.

The Transaction Expiry Period shall be set to 30 minutes unless the Merchant requests a period which is less than 30 minutes in which case the Transaction Expiry Period shall be as requested by the Merchant. Best practice on Transaction Expiry Period is detailed under the Braintree Merchant Developer Documentation.

c. Settlement; Reversals

Braintree shall, on a weekly basis or as otherwise agreed between Braintree and the Merchant, pay to the Merchant’s bank account the aggregate of all Payout Amounts (net of Reversals, Refunds, and any other amounts due to Braintree). The time of settlement for the Payout Amount is based on the date Braintree has received the cleared funds in Braintree’s bank account from the Payor’s Issuer Bank.

Merchant acknowledges that, even after the respective settlement, any Payout Amounts may become subject to a Reversal or may be invalidated for any other reason. The terms of the Braintree Payment Services Agreement EU regarding Reversals shall apply mutatis mutandis.

For each case of Reversal or Refund, Merchant shall pay the Reversal or Refund Fee set out in Section 4. In addition, Merchant shall reimburse Braintree for any cost incurred by Braintree with regard to the Reversal.

d. Invoicing and Fees.

You agree to pay to Braintree the Fees (Section 4) as consideration for the use of the iDEAL Payment Product. Braintree will invoice any Fees to Merchant. Such invoices become due seven days after receipt by Merchant. Merchant agrees to pay the invoices as they become due without set-offs or deduction.

e. Development of the iDEAL Payment Product.

Braintree may, at any time, modify, update, improve or otherwise change the current iDEAL Payment Product including the iDEAL Payment Solution at its own discretion.

If such change requires an amendment of this Exhibit C, such amendment shall be agreed upon between Braintree and Merchant pursuant to the respective provisions in the Braintree Payment Services Agreement EU. In order to constantly improve the iDEAL Payment Product, Braintree welcomes feedback from Merchants. However, Braintree is not bound to act in accordance with any such feedback. In providing Braintree with feedback on the iDEAL Payment Product, Merchant agrees to waive any intellectual property rights in such feedback as well as any claims for remuneration (if any).

3. Specific Merchant obligations in relation to the iDEAL Payment Product

a. Merchant Website/App.

Merchant shall

  • integrate in the payment pages of its website or app a drop-down menu which displays, in an equally conspicuous way, all Issuer Banks that allow their customers to make iDEAL payments. Braintree will provide Merchant with an updated list of all relevant Issuer Banks that must be included in the drop-down menu; that list can be found at www.developers.braintreepayments.com;
  • display an order confirmation on its website or in its app to which the Payor is redirected after having successfully made an iDEAL payment;

b. Transaction.

Merchant shall

  • implement the iDEAL Payment Product in accordance with the technical specifications set forth in the Braintree Merchant Developer Documentation which can be accessed at https://developers.braintreepayments.com/ and which may be updated from time to time by Braintree providing Merchant with an updated version of the Braintree Merchant Developer Documentation;
  • only allow Payor to initiate Transactions
  • for which the respective Transaction Amount is due, payable and undisputedverify the status of a Transaction with Braintree before supplying the goods or services purchased; if Merchant fails to do so, it may not receive any payment should the Transaction not have the status “successful”;
  • deliver the goods or services for which a Transaction has been successfully made within seven (7) days after having received a payment confirmation for that Transaction or make its customer aware of an alternative delivery date at the time of placing the order
  • in case of a Reversal, promptly comply with all requests from Braintree;
  • notify Braintree in writing and obtain Braintree’s prior written approval, if it wishes to sell goods or services other than the goods and services mentioned to Braintree during the application process for becoming a Braintree customer and/or the application process for using the iDEAL Payment Product. Merchant guarantees that the sale of the goods or services and the usage of the iDEAL Payment Product for obtaining the relevant Transaction Amount does not violate any applicable statutes, laws, rules or other regulations.

Merchant may not interfere with the authentication process initiated and operated by the Issuer Bank to authenticate the Payor.

c. Initial Information

Prior to using the iDEAL Payment Product Merchant shall provide Braintree with the following information:

  • Legal name and trading name(s) of the Merchant
  • Full address including postcode of the Merchant’s place of domicile/registered office
  • Full postal address including postcode of the Merchant (if different)
  • General e-mail address of the Merchant (and/or the signer’s email)
  • Company registration number with the Chamber of Commerce or equivalent official body in another country if the Merchant is not based in the Netherlands
  • Domain names of the Merchant
  • Forenames and surnames of the legal representatives of the Merchant
  • Full addresses including postcode of the legal representatives
  • Telephone numbers and e-mail addresses of the legal representatives
  • Identity details of the legal representative(s): nationality, identification document number (driving license or passport) and date and place of issue of identification document.
  • Name of bank
  • Business account number
  • Business account name

d. Data sharing

Merchant herby consents and agrees that Braintree may share Initial Information as well as Transaction Information, including information in this Exhibit C, with Currence iDEAL B.V. or any other Currence Third Party.

e. Email Link Service.

If Merchant wishes to use an email link service for the sale of goods or services in connection with the iDEAL Payment Product, it must request Braintree’s prior written approval to do so and comply with the following requirements:

  • The email which is sent, containing the link, must be a solicited email which is agreed in advance between Merchant and Payor and must be sent within the agreed period of time, or must be sent with a certain frequency, or must be expected, as part of the reminder process, because an invoice has not been paid on time.
  • The email which is sent must be clearly recognizable for the Payor as emanating from the Merchant.
  • The email which is sent must direct the Payor, using a reference or a link, to what is known as the landing page of Merchant, or of a third party acting on behalf of Merchant for this purpose and made known as such to Payor.
  • The landing page must provide Payor with a summary of the goods or services ordered and, in the next page after the landing page, the Payor must be able to select a payment method.
  • The option of making the payment (by following the link in the email sent by Merchant for the order) on Merchant’s landing page must expire at the end of the expiry period of the order stated by Merchant, or as soon as a successful transaction is completed by the Payor.
  • The link (URL) in an email for initiating an iDEAL payment must not contain any personal or transaction related details
  • The email containing a link for initiating an iDEAL payment must result in a landing page being displayed which is secured with SSL or comparable certification, enabling the Payor to verify the identity of the Merchant or service provider.
  • Depending on the status of the Transaction, the landing page must indicate either that the offer of payment via the email link is still valid, or that this option has expired, or that the Transaction has been successful.

f. Fraud Protection.

Merchant acknowledges and agrees that it is fully responsible for the security of data on its website, app, or otherwise within its possession or control. For the avoidance of doubt, the "Association PCI- DSS Requirements" (as defined in the Payment Services Agreement EU) shall only apply to card payments, not to iDEAL payments.

If and to the extent that Merchant offers High Risk Profile Sales via its website or app, Merchant shall prior to a Transaction determine the identity of each Payor and ensure that Payor is identical with the purchaser of the goods or services for which payment is made. In addition, Merchant shall carefully monitor the Transaction and notify Braintree immediately if there is any indication of money-laundering, terrorist financing, fraudulent, criminal or other illegal behaviour.

g. Compliance and Audit.

Merchant shall

  • comply with all Merchant obligations set forth in the Braintree Merchant Developer Documentation;
  • comply with all relevant laws and regulations for its activities;
  • be fully responsible for complying with all of its obligations relating to the iDEAL Payment Product, irrespective of any third party involvement;
  • use all reasonable methods to resolve disputes with the Payor and provide an effective complaints procedure, in which Merchant can be easily contacted by e-mail and one other means of direct contact (such as a telephone number, chat box or other medium), and make the information about the complaints procedure easily available to Payors and easy for Payors to find;

Braintree may request Merchant to provide appropriate evidence that Merchant complies with the obligations in this Section 3 and reserves the right to at all times monitor and audit Merchant’s websites and systems in that respect.

If Braintree discovers an indication that Merchant is in violation of its obligations under the Braintree Payment Services Agreement EU, including Exhibit C, or unlawfully or by a misleading representation of affairs extracting money from a Payor or a contracting party to a certificate or license agreement with Currence iDEAL B.V., Braintree may immediately terminate Exhibit C or suspend its services and cease offering the iDEAL Payment Product to Merchant. In case of a suspension, Braintree will explain the reasons for the suspension of its service and set out measures to be taken by Merchant to remedy the breach. Braintree’s suspension of the Merchant’s access or use of the Product will remain in effect until such time as Braintree is satisfied that the Merchant has remedied the relevant breach(es).

If Braintree discovers a security breach or any other circumstance threatening to compromise the security of the iDEAL Payment Product and such circumstance falls within Your responsibilities under the agreements with Braintree, Braintree may require You to have an independent third party auditor, approved by Braintree, conduct a security audit of Your systems and facilities and issue a report at Your expense. Upon completion of the audit, You must provide a copy of the auditor’s report to Braintree and Braintree may provide copies of it to Currence iDEAL B.V. You hereby authorize Braintree to conduct or obtain such an audit at Your expense in case You do not initiate a security audit within 10 business days of Braintree’s request.

4. Fees

The Merchant shall pay the following fees for the use of the iDEAL Payment Product as provided for by Braintree:

EUR 0.35 per Transaction EUR 0.35 per Reversal and Refund Transaction

5. Term and Termination

The iDEAL terms become effective on the Effective Date and shall continue until terminated in accordance with Section 8 of the Braintree Payment Services Agreement EU.

In addition to the termination rights mentioned in Section 8 of the Braintree Payment Services Agreement and Section 3 of Exhibit C, Braintree may also terminate Exhibit C at any time (i) if the Certificate Agreement is terminated, (ii) if Braintree believes the Merchant has or may violate the relevant laws and regulations for its activities, or (iii) for any other important reason which makes it impossible, infeasible or considerably aggravate for Braintree to continue providing Merchant with the iDEAL Payment Product.

For the avoidance of doubt, both You and Braintree may terminate (subject to Section 8 of the Braintree Payment Services Agreement EU) Exhibit C independently and separately from the Braintree Payment Services Agreement EU or any other Exhibit thereunder.

A termination of Exhibit C does not affect the validity of any other agreements between Braintree and Merchant, in particular the Braintree Payment Services Agreement EU with regard to the processing of credit and debit card payments.

We’ve added terms applicable to data security outlining:

  • Braintree’s responsibility for PCI DSS compliance and the security of cardholder data.

We’ve included the following new section on Confidentiality provision:

The parties acknowledge that in their performance of their duties hereunder either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning the Payment Processing Services and the know how, technology, techniques, or business or marketing plans related thereto (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party. As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties hereunder or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure. The receiving party shall promptly notify the disclosing party of any unauthorised disclosure or use of the Confidential Information. The receiving party shall cooperate and assist the disclosing party in preventing or remedying any such unauthorised use or disclosure.

We’ve updated the Entire Agreement clause to allow for PayPal to enter into further agreements with you to provide additional services.

We’ve updated our Notice provision to clarify when notices are considered to be received by you by including the following wording:

  • Notices posted on Braintree’s website or emailed shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you, unless we receive notice that the email was not delivered. Furthermore, you understand and agree that if Braintree sends you an email but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Braintree will be deemed to have provided the communication to you.

We’ve included new wording on our responsibilities on errors as follows:

If we are responsible for a processing error, we will rectify the error. If the error resulted in you receiving less money than you were entitled to, Braintree will credit your Bank Account for the difference. If the error results in you receiving more money than you were entitled to, Braintree may debit the extra funds from your Payout Amount or send you an invoice.

Notwithstanding any other term of this Agreement, Braintree will not be held liable for the non-rectification of a payment transaction if you have failed to notify Braintree of such an incorrectly executed payment transaction without undue delay on becoming aware of such incorrectly executed payment transaction, or in any event no later than within 13 months after the debit date.

We’ve included further detail on how you can store and reproduce information from the Dashboard and the duration of time it will be available for. The new wording is as follows:

The way in which we provide the transaction information will allow you to store and reproduce the information unchanged from the Braintree Dashboard, for example by printing a copy. Braintree will ensure that the details of each transaction will be made available to you to view online for at least 13 months from when it is first made available. You agree to review your transactions though the Braintree Dashboard instead of receiving periodic statements by mail or email.

We’ve included the following wording on Surcharging:

Braintree does not encourage surcharging because it is a commercial practice that can penalize the consumer and create unnecessary confusion, friction and abandonment at checkout. You agree that you will only surcharge for the use of Braintree Services in compliance with any law applicable to you and not in excess of the surcharges that you apply for the use of other payment methods. You further agree you are fully responsible for liabilities that arise out of your chose to surcharge and Braintree has no liability to you or any third party. You acknowledge that you could be committing a criminal offence if you fail to disclose any form of surcharge to a consumer.

Updates to the Acceptable Use Policy:

We have updated the business categories for which you may not use the Payment Services in connection with any product, service, transaction or activity that involves:

    1. entertainment venues including but not limited to nightclubs and bars
    1. pre-payment services
    1. prescription drugs and illegal drugs

Updates to the Payment Services Agreement for AU Merchants

Effective Date: 27 October 2017

Braintree is making some changes to its Payment Services Agreement that will be effective to all AU Merchants on 27 October 2017. We encourage all AU Merchants to review this Policy Update and to better understand the changes that are being made. If you do not agree to these changes, you may close your account before 27 October 2017.

We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.

We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:

  • Showing preference for or discriminating one card brand or type over another.
  • Billing or collecting from any cardholder any payment on a card without having a right to under the card association rules.

We’ve added terms applicable to data security outlining:

  • Merchant’s responsibility for reporting data breaches and ensuring accurate processing of customer data.
  • Braintree’s responsibility for PCI DSS compliance and the security of cardholder data.

We’ve included a requirement that upon expiration or termination of the Payment Services Agreement, Merchant immediately ceases the display, advertising and use of all trademarks of the card associations.

We’ve updated Merchant’s responsibility to indemnify Braintree for any losses, claims or expenses incurred as a result of Merchant’s acts or omissions.

Updates to the Payment Services Agreement for HK Merchants

Effective Date: 11 October 2017

Braintree is making some changes to its Payment Services Agreement that will be effective to all HK Merchants on 11 October 2017. We encourage all HK Merchants to review this Policy Update and to better understand the changes that are being made. If you do not agree to these changes, you may close your account before 11 October 2017.

We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.

We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:

  • Showing preference for or discriminating one card brand or type over another.
  • Billing or collecting from any cardholder any payment on a card without having a right to under the card association rules.

We’ve added terms applicable to data security outlining:

  • Merchant’s responsibility for reporting data breaches and ensuring accurate processing of customer data.
  • Braintree’s responsibility for PCI DSS compliance and the security of cardholder data.

We’ve included a requirement that upon expiration or termination of the Payment Services Agreement, Merchant must immediately cease the display, advertising and use of all trademarks of the card associations.

We’ve updated Merchant’s responsibility to indemnify Braintree for any losses, claims or expenses: (i) incurred as a result of Merchant’s acts or omissions; or (ii) in connection with the transfer of any data to a Data Recipient.

Updates to the Payment Services Agreement for US Merchants

Effective Date: July 31, 2017 for US Merchants with a Braintree account or August 15, 2017 for US Merchants with a PayPal powered by Braintree account

Braintree is making some changes to its Payment Services Agreement that will be applicable to all US Merchants. For US Merchants with a Braintree account, the new US Payment Services Agreement will become effective on July 31, 2017 for US Merchants that apply for a Braintree account on or before June 27, 2017 (or immediately for all US Merchants that apply for a Braintree account after June 27, 2017). If you do not agree to these changes, you may close your Braintree account before July 31, 2017. For US Merchants with a PayPal powered by Braintree account, the new US Payment Services Agreement will become effective on August 15, 2017 for US Merchants that apply for a PayPal powered by Braintree account on or before July 13, 2017 (or immediately for all US Merchants that apply for a PayPal powered by Braintree account after July 13, 2017). If you do not agree to these changes, you may close your PayPal powered by Braintree account before August 15, 2017. We encourage all US Merchants to review this Policy Update and to better understand the changes that are being made.

We’ve updated the description of “Gateway Services” to include additional products and services available through Braintree. These include products provided by Braintree such as the Forwarding Services and Grant Services as well as third party payment technology services such as Apple Pay, Visa Checkout and Masterpass. Each set of terms applicable to these products and services is separate from the Payment Services Agreement, and can be found on our website here.

We’ve updated the terms regarding Merchant compliance with the card association rules prohibiting Merchant from:

  • Showing preference for or discriminating one card brand or type over another.
  • Billing or collecting from any cardholder any payment on a card without having a right to under the card association rules.

We’ve included new terms applicable to American Express acceptance through Braintree, which applies to all Merchants except those with a direct card acceptance agreement with American Express. These terms state as follows:

  • American Express may use the information in a Merchant’s Braintree application to screen and/or monitor the Merchant in connection with card marketing and administrative purposes.
  • Merchant may be converted to a direct card acceptance agreement with American Express if the merchant exceeds certain sales volume thresholds.
  • Merchant agrees to receive commercial marketing communications from American Express.
  • American Express is a third party beneficiary of the Payment Services Agreement and may enforce it against Merchant for purposes of American Express acceptance.
  • American Express may conduct an audit of Merchant at any time to determine compliance with the American Express rules.
  • Merchant authorizes Braintree to submit transactions to and receive settlement from American Express and to disclose transaction and merchant information to American Express for lawful business purposes.

We’ve added terms applicable to data security outlining:

  • Merchant’s responsibility for reporting data breaches and ensuring accurate processing of customer data.
  • Braintree’s responsibility for PCI DSS compliance and the security of cardholder data.

We’ve included a requirement that upon expiration or termination of the Payment Services Agreement, Merchant must immediately cease the display, advertising and use of all trademarks of the card associations.

We’ve updated Merchant’s responsibility to indemnify Braintree for any losses, claims or expenses incurred as a result of Merchant’s acts or omissions.

Updates to Bank Agreement for Australian Entities

Effective date: July 1, 2017

We have made changes to Clause 1.e. (Surcharges) of the National Australia Bank Commercial Entity Agreement (Australia). You can access the amended National Australia Bank Commercial Entity Agreement (Australia) here.

Updates to Merchant Declaration and Agreement for Singapore Entities

Effective date: January 1, 2017

We have made changes to Clause 10 (General Provision) of the First Data Merchant Solutions Merchant Processing Agreement that is annexed to the Merchant Declaration and Agreement. You can access the amended Merchant Declaration and Agreement here.

Updates to Merchant Declaration and Agreement for Malaysian Entities

Effective date: January 1, 2017

With effect from January 1, 2017, the Malaysian Merchant Declaration and Agreement, presently with First Data Merchant Solutions Private Limited, a Singapore company, will be assigned to First Data Merchant Solutions (Malaysia) SDN. BHD, a Malaysian company. We have amended the Merchant Declaration and Agreement to reflect the change in the contracting entity. We would also highlight changes to Clause 10 (General Provision) of the First Data Merchant Solutions Merchant Processing Agreement that is annexed to the Merchant Declaration and Agreement. You can access the amended Merchant Declaration and Agreement here.

Updates to Merchant Declaration and Agreement for Hong Kong Entities

Effective date: January 1, 2017

With effect from January 1, 2017, the Hong Kong Merchant Declaration and Agreement, presently with PayPal Pte Ltd and First Data Merchant Solutions Private Limited, both Singapore companies, will be assigned to PayPal Hong Kong Limited and First Data Merchant Solutions (Hong Kong) Private Limited, both Hong Kong companies.

We have amended the Merchant Declaration and Agreement to reflect the change in the contracting entities. We would also highlight changes to Clause 10 (General Provision) of the First Data Merchant Solutions Merchant Processing Agreement that is annexed to the Merchant Declaration and Agreement. You can access the amended Merchant Declaration and Agreement here.

Updates to Payment Services Agreement for Hong Kong Entities

Effective date: November 1, 2016

With effect from November 1, 2016, the Hong Kong Payment Services Agreement, presently with PayPal Pte Ltd, a Singapore company, will be assigned to PayPal Hong Kong Limited, a Hong Kong company.

We have amended the Payment Services Agreement to reflect the change in the contracting entity, and we would also highlight changes to Clause 5.1 (Credit Report Authorisation and Verification) and Clause 7 (Indemnification, Limitation of Liability, Disclaimer of Warranties). You can access the amended Payment Services Agreement here.

Updates to the PayPal Privacy Policy

Effective Date: July 1, 2015

We have updated the Privacy Policy to reflect how PayPay will share information with eBay after the two companies separate. We have also made changes unrelated to the separation. The new Privacy Policy can be accessed at https://www.braintreepayments.com/legal.

New Payment Services Agreement

Effective Dates: May 18, 2016 and May 29, 2016

The Braintree Payment Services Agreement will be amended. The changes are available here. The new agreement can be found under the heading "Updated Braintree Payment Services Agreement" and the old version of the agreement can be found under the heading "Current Braintree Payment Services Agreement". We encourage you to carefully review the new agreement to familiarize yourself with the changes in terms. The new agreement will not apply retroactively and will become effective on 18 May 2016 (or immediately for all new Merchants) in relation to changes in Section 2 of Exhibit A “Data Protection (Customer Data)” and on 29 May 2016 in relation to changes in section 2 “Fees and Taxes”.

If you use the Braintree services after the dates these changes become effective, we will take that usage as your consent to the changed terms.