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Policy Updates

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.