This Merchant Agreement template is designed for use in the German market, establishing the contractual framework between payment service providers and businesses requiring payment processing capabilities. The agreement comprehensively addresses the requirements of German commercial law, including the Bürgerliches Gesetzbuch (BGB) and Handelsgesetzbuch (HGB), while incorporating necessary provisions for compliance with EU regulations such as GDPR and PSD2. It is particularly suited for businesses operating in Germany or targeting German markets, covering essential aspects such as payment processing, fee structures, technical requirements, data protection, and risk management. The Merchant Agreement serves as the primary document governing the commercial relationship between the parties and includes detailed provisions for security standards, dispute resolution, and operational procedures specific to the German regulatory environment.
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1. Parties: Identification and details of the contracting parties including registered addresses and registration numbers
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of payment processing and other services provided
5. Merchant Obligations: Key responsibilities of the merchant including compliance with security standards and operating procedures
6. Service Provider Obligations: Key responsibilities of the payment service provider
7. Fees and Payment Terms: Structure of fees, payment schedule, and settlement terms
8. Technical Requirements: Technical specifications and integration requirements
9. Security and Data Protection: Security standards, GDPR compliance, and data handling requirements
10. Risk Management: Fraud prevention, chargebacks, and risk mitigation procedures
11. Term and Termination: Duration of agreement, renewal terms, and termination provisions
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Confidentiality: Protection of confidential information and trade secrets
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
16. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Multi-Currency Processing: Include when merchant requires transactions in multiple currencies
2. Alternative Payment Methods: Include when offering specific local payment methods beyond standard card processing
3. Equipment Lease: Include when physical payment terminals are provided
4. Value-Added Services: Include when additional services like analytics or loyalty programs are offered
5. International Operations: Include for merchants operating in multiple countries
6. Marketplace Provisions: Include for marketplace operators with sub-merchants
7. Reserve Requirements: Include when rolling reserve or minimum balance requirements apply
8. Insurance Requirements: Include when specific insurance coverage is required
1. Schedule A - Pricing Schedule: Detailed fee structure including transaction fees, monthly fees, and special charges
2. Schedule B - Technical Integration Guide: Technical specifications and API documentation
3. Schedule C - Service Level Agreement: Performance metrics, uptime guarantees, and support levels
4. Schedule D - Security Standards: Detailed security requirements including PCI-DSS compliance
5. Schedule E - Prohibited Activities: List of restricted business activities and prohibited transactions
6. Appendix 1 - Processing Limits: Transaction volume limits and processing caps
7. Appendix 2 - Required Documentation: List of required merchant documentation and verification requirements
8. Appendix 3 - Contact Information: Key contacts for technical support, customer service, and escalations
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