Merchant Terms and Conditions

Please read the following terms and conditions of the service. If you do not want to be bound by these terms and conditions, do not accept the service. We want the terms and conditions to meet your needs and the needs of our other Merchants, and we expect that these terms and conditions will evolve over time. We will post the Terms and Conditions, including any changes, on the Merchant Connections website located at https://merchantconnections.com and we ask that you periodically review them. Your continued use of the service will constitute acceptance of any changes to the terms and conditions. This agreement becomes effective on the date it is accepted by Merchant Connections.

1. Definitions

When used in this agreement, the following definitions apply:

  1. ACH: Automated Clearing House, a service provided through the United States Federal Reserve banking system that allows Consumers to convert paper financial instruments to electronic form.
  2. ACH Returned Item: Any Consumer’s check that is returned through the ACH system.
  3. Chargeback: A charge to the Consumer that is reversed by the credit card issuer.
  4. Consumer: A person purchasing Products sold by a Merchant.
  5. Customer Charges: Amounts to be charged to the Consumer.
  6. Database: Any and all information received from Merchant and/or Consumer which Merchant Connections keeps in an electronic format for Merchant Connections’s use. This may include, at Merchant Connections’s sole discretion, a file containing only the Merchant’s information or a universal database with all Merchants’ information.
  7. Transaction IDs: A unique code assigned by Merchant Connections to a Consumer through Merchant Connections’s transaction processing system.
  8. Merchant: An entity or individual contracting with Merchant Connections to utilize Merchant Connections’s automated transaction processing and related services.
  9. New Merchant: An applicant of Merchant Connections, including you and/or your company, if neither you nor your company is an active Merchant.
  10. Payment Form: The payment mechanism (credit card or ACH), a Consumer uses to purchase Products from a Merchant.
  11. Penalty: Any fine, fee, assessment, or other charge levied against Merchant Connections by card associations, Merchant Bank, state or federal regulatory agencies, or ACH systems in addition to the normal fees.
  12. Refund: Any payment from your Consumer that is reversed by Merchant or Merchant Connections.
  13. Security Deposit: A percentage of each transaction’s value withheld from your gross amount as determined by Merchant Connections and/or the Acquiring Bank. The amount and duration of the security deposit will vary over time and by payment form, based on risk at Merchant Connections’s sole discretion.
  14. Products: Goods purchased by Consumers through Merchants and delivered per Exhibits A and B.
  15. Store Front: A Merchant’s transaction point.
  16. You: The Merchant and owner/operator of the Merchant Store Front.

2. Website Pricing Options

The default minimum transaction price is $2.95, and the default maximum is $99.99. Exceptions must be submitted in writing to Merchant Connections and are subject to its discretion.

3. Services

The services covered by this agreement include all services offered by Merchant Connections’s payment processing and related offerings. Merchant Connections reserves the right to suspend your access if, in its judgment, services are used in violation of its Acceptable Use Policies (AUP), or if there are high volumes of negative transactions or Consumer complaints. Merchant Connections may begin charging for such services with thirty (30) days’ written notice, and may introduce new services not covered here and charge extra for their use.

To maintain service quality for all Merchants, data provided by Consumers may be combined with data from other Merchant Connections Merchants for risk analysis. Merchant Connections retains ownership of this combined database. Credit card data will not be provided to you or any third party, during or after this agreement. You are responsible for maintaining your own consumer data backups.

Unauthorized attempts to access Merchant Connections’s database or systems by you or associated parties will constitute a material breach. Merchant Connections may immediately terminate this agreement and require the return of all obtained information.

4. Tangible Products Sales

Merchant Connections authorizes the Merchant to submit transactions for tangible Products under the terms of this Agreement, Exhibit A (Tangible Products AUP), and Exhibit B (Merchant Connections Tangible Goods Policies). Merchant agrees not to use Merchant Connections’s systems for illegal purposes.

5. Fees

Merchant Connections will charge fees as outlined in Schedule 1. Changes to fees require at least 10 days’ notice. Fees will be deducted from your funds. Additionally, Merchant Connections will hold a security deposit for a minimum of six months per Schedule 2. This may be increased if required to cover refunds, chargebacks, ACH returns, or other risks. Penalties imposed on Merchant Connections may be passed to you on a per-item or prorated basis.

6. Payment

A signed copy of this contract must be returned to Merchant Connections before payment processing. Merchant Connections may withhold payment on new accounts until the agreement is received and verified.

Payments are issued weekly, covering Consumer charges for the week ending the previous Saturday. Merchant Connections aims for payment delivery on Monday but may delay due to bank delays, holidays, or system issues. Net payments equal Consumer charges minus fees, security deposit, refunds, chargebacks, ACH returns, taxes, penalties, and other deductions. Merchant Connections may withhold payments or require security deposit replenishment as necessary.

Merchant Connections may issue refunds without your approval at its discretion and may block Consumers in its database if fraud is suspected.

7. Cancellation

You or Merchant Connections may cancel this agreement at any time with 10 days’ written notice (email or phone is not acceptable). Merchant Connections may also cancel without notice for AUP violations or illegal use. Minor violations may warrant corrective opportunity; serious infractions result in immediate termination.

Post-termination, you agree not to circumvent Merchant Connections via its acquirers or providers for one year. Merchant Connections may also terminate immediately if you face bankruptcy, insolvency, liquidation, or similar proceedings.

Upon termination, Merchant Connections will hold your funds for six months as reserve for potential refunds, returns, and chargebacks.

8. Merchant Obligations

You are responsible for fulfilling consumer orders and ensuring compliance with laws. Use of Merchant Connections’s services for unauthorized goods or without written approval is prohibited. You must adhere to AUP, and Merchant Connections reserves the right to review your Store Front.

If this agreement ends, you must keep Consumer cancellation capabilities active until all transactions are closed. Merchant Connections may issue refunds and hold funds if excessive chargebacks or returns are anticipated.

You must respond to consumer inquiries. Persistent complaints or chargebacks may lead to immediate cancellation and reimbursement of associated Merchant Connections expenses.

You may change Store Front prices at any time, but are responsible for accuracy. You agree not to hire current or former Merchant Connections (or affiliates) employees without consent for 24 months after such person’s employment, to protect confidential information.

9. Security

You’re accountable for account usage and password confidentiality. Merchant Connections will suspend or modify access upon notice of account compromise. It is not liable for charges incurred before access changes are made.

10. Merchant Non-Transferability of Account

Use of Merchant Connections’s services is non-transferable and limited to the entity named in the agreement. Additional authorized users may be added, but ownership changes require consent. You assume responsibility for authorized user actions.

11. Authorization

By signing, you represent you have authority and legal capacity to bind the business and comply with applicable laws and licenses.

12. Privacy Policy

Your use of Merchant Connections’s services means you agree that Merchant Connections may release information as deemed appropriate, necessary to enforce this Agreement, comply with law, or protect rights of Merchant Connections and its Merchants.

13. Taxes

Each party is responsible for its own taxes. If Merchant Connections pays taxes on your behalf, you will reimburse promptly, or Merchant Connections may deduct amounts from payments.

14. Limitations of Liability

Merchant Connections strives for service reliability but offers no warranties, express or implied, including merchantability or fitness. It is not liable for service interruptions, data loss, unauthorized access, or browser/ISP limitations. Liability is limited to amounts received for undelivered services; no consequential or special damages will be owed. Merchant Connections may discontinue services with 30 days’ notice or immediately for fraud or policy violations.

Merchant Connections is considered an ISP under the DMCA. Should you fail to remove infringing content as requested, Merchant Connections may withhold signups, renewals, or payments and terminate the agreement.

15. Indemnification

You are fully responsible for your Store Front, content, and advertising. You will indemnify and hold Merchant Connections harmless from any legal claims beyond remedies stated herein. You’ll reimburse Merchant Connections for expenses it incurs in legal, regulatory, or investigatory actions, with deductions from your funds if needed.

16. Relationship of Parties

This agreement does not create a partnership, agency, or employment relationship. You have no authority to bind Merchant Connections. Merchant Connections disclaims liability for your conduct, and you agree to indemnify Merchant Connections for related expenses.

17. Term

This agreement continues until terminated. Merchant Connections may terminate immediately for violations, AUP breaches, or inactivity of 90 consecutive days. Reinstatement requires approval.

18. Survival

Sections intended to survive termination (e.g., fees, payments, confidentiality, indemnification, disputes) remain enforceable post-agreement.

19. Confidentiality

You will maintain Merchant Connections’s proprietary information in confidence and return any materials upon termination.

20. Invalid or Unenforceable Provisions

If any provision is invalidated, remaining terms remain in effect. Parties will renegotiate in good faith any invalid term.

21. Choice of Law; Venue

This Agreement is governed by Arizona law. State and federal courts in Arizona have exclusive jurisdiction for non-arbitral disputes.

22. Disputes

Disputes will be handled cooperatively; unresolved disputes (excluding unpaid invoices or injunctive relief) are subject to arbitration under AAA Commercial Arbitration Rules in Phoenix, Arizona. Arbitration decisions will be detailed in writing and enforceable. Prevailing parties recover legal fees. Disputes over charges must be reported within 90 days via the Merchant Admin Portal; late disputes will be denied.

23. Entire Agreement; Modifications

This document represents the complete agreement. Merchant Connections may modify it at any time; your continued use constitutes acceptance. Changes must be in writing and signed by both parties.

24. Change of Ownership and Multiple Signatories

Changes in ownership or payment information must be reported. Accompanying agreements may need re-execution. Multiple signatories are discouraged; in disputes, Merchant Connections will not act until all signatories consent or a court order is received.

25. Addendums and Schedules

All required addendums must be completed, signed, and returned prior to Merchant Connections issuing the first payment.

Exhibit A: Tangible Products AUP

The following modifies or reinforces Merchant Connections’s AUP for tangible Products:

  1. We will not process for websites or products infringing on intellectual property rights.
  2. The sale of email lists, leads, phone, or fax numbers is prohibited.
  3. Prohibited items include:
    • Cars, real estate
    • Firearms, ammunition, explosives, hazardous materials
    • Drugs, drug paraphernalia, steroids, “miracle cures”
    • Malware or software for harvesting data or sending bulk email
    • Used clothing without cleaning notice; used undergarments
    • Hate or obscene materials
    • Lock picks or security-circumvention tools
  4. Other disallowed items: airbags, government IDs, stolen property, live animals, cultural artifacts, perishable food, and other items deemed illegal or inappropriate.

Exhibit B: Merchant Connections Tangible Goods Policies

  1. Consumer complaints requiring intervention will always be resolved in favor of the consumer.
  2. Orders must ship within 3 business days (excluding weekends and major U.S. holidays), by 6 pm local time on day three. If not shipped, refund before end of day three.
  3. Remove ability to purchase items not available within 3 days.
  4. Ship via shippers with verifiable tracking (e.g., USPS, FedEx, DHL, UPS).
  5. Display a clear return/exchange policy including timeframe, shipping cost responsibility, and return instructions.
  6. Exchanges must be handled directly—Merchant Connections system does not process exchanges. Merchant Connections can refund in consumer’s favor even if you object.
  7. Process tangible orders through a separate Merchant Connections sub-account.
  8. Your website must clearly display company name, phone, email, and promise 24-hour response time.
  9. Provide shipping notifications to both consumer and Merchant Connections (carrier, tracking, address, transaction ID).
  10. If delays or product availability changes occur, promptly refund and notify both parties.
  11. Product descriptions must be clear and accurate.
  12. Used items must state condition and confirmation of proper cleaning.
  13. Merchant indemnifies Merchant Connections and agents against legal costs arising from Merchant action.
  14. Merchant Connections may delay or hold payments at its sole discretion.