These Interac Terms and Conditions (“Terms”) are applicable to you if you elect to accept Interac Direct Payments (“Interac Services”) from your customers via Stripe. Interac Services are made available by Stripe to you through PayFacto Inc. (“PayFacto”). Capitalized terms used and not defined in these Terms have the respective meanings given to such terms in the Stripe Services Agreement (“Agreement”). These Terms are a part of the Agreement and remain subject to all of the other applicable terms and conditions of the Agreement. To the extent these Terms conflict with the Agreement, these Terms shall prevail, but solely as applicable to the Interac Services.

“ABM” means an automated banking machine, Interac Debit terminal, or other device that, in conjunction with a Card, provides a Cardholder access to the Interac Services.

Definitions: For the purpose of these Terms:

“Card” means any magnetically or otherwise encoded financial service card that meets the card requirements stipulated in the Interac Requirements for the service for which the card is intended to be used;

“Cardholder” means a person holding an Interac card issued by a Card Issuer, permitting that person to utilize Interac TM services to pay for their purchases.

“Card Issuer” means the financial institution that issues Cards.

“Interac Requirements” means the Interac Operating Regulations, Interac Security Regulations and Interac Debit Operating Regulations issued by Interac Corp.

“POP Material” means point of purchase marketing material provided by PayFacto;

“SPED” means a device used to enter, store and act upon a PIN and which enciphers the PIN within the device;

Interac Services Requirements:

You must:

(a) Provide adequate protection against disclosure of a Cardholder’s PIN during its entry in a debit transaction and exercise care and diligence in protecting the confidentiality of the PIN;

(b) Locate SPEDs so as to minimize the possibility of disclosing the PIN of a Cardholder during a Cardholder’s entry of their PIN in a debit Transaction;

(c) Not ask a Cardholder for their PIN at any time;

(d) Not require or disclose a Cardholder’s PIN in clear text form;

(e) Respond to any tracing request in accordance with Interac Debit 5 (Interac Operating Regulations - 
Interac Debit 5 - Transaction Settlement, Settlement Agents and Dispute Resolution);

(f) Send to PayFacto all Cards inadvertently left at an ABM that are not claimed within twenty-four (24) hours;

(g) Cut in half Cards inadvertently left at an ABM and forward them to PayFacto, unless the Card is a Chip Card;

(h) Comply with any and all applicable Federal and Provincial laws and regulations dealing with the protection and disclosure of private information about or belonging to Cardholders;

(i) Take all reasonable precautions to protect information encoded on the Card while the Card is being used for a debit transaction;

(j) Respond to and rectify all Cardholders’ inquiries, complaints or disputes about the availability, quality, receipt, price and satisfaction of the purchase goods or services, including the purchase of Scrip, or the amount of a debit transaction;

(k) Provide the Cardholder with a record of their debit transactions at your retail store location If the Cardholder agrees, the record can be provided by electronic transmission;

(l) If your printer or the transmission of an electronic receipts is out of service, give each Cardholder the option of receiving an abbreviated transaction record which may be as brief as a sales slip with notation by the sales staff that the payment was made using an Interac debit payment card and showing the Cardholder’s primary account number;

(m) Allow a Cardholder to retain his or her copy of the debit transaction record;

(n) Where any SPED is not equipped with a built-in card swiping feature, only permit such SPED to be used for debit transactions and to ensure that the SPED is not tampered with in any way;

(o) Ensure that SPEDs assigned to a specific retail location remain at the assigned location and that faulty SPEDs are returned to Stripe for diagnostics and repair once a replacement SPED arrives at the assigned location;

(p) If applicable, comply with any minimum transaction values which may be set by either PayFacto or Card Issuer;

(q) Provide PayFacto, at any time during the regular business hours of operation for your locations, with access to the SPEDs and the ABM to verify the integrity of the software, firmware, hardware and compliance with the terms contained within these terms;

(r) If you elect (after approval of PayFacto) to apply a surcharge on debit transactions for the Interac Service, as part of the ABM dialogue, notify the Cardholder of the surcharge and provide the Cardholder with an opportunity to cancel their transaction without cost before the Cardholder is prompted to enter his or her PIN. Such notice must be provided in accordance with the following Section 1 below;

(s) Display the POP Material at your retail location in the manner prescribed and not to copy or duplicate such POP material without PayFacto’s prior written authorization. Notwithstanding the foregoing, you acknowledge and agrees that the obligation to display the POP material shall not be interpreted as the granting of any license (including a trade-mark license) to use the Interac word or the Interac logo (the “Interac Marks”);

(t) Display the POP Material on your store front or alternate visible location and such material shall be displayed no less prominently than any other signage for any other credit card or financial service trademark;

(u) Acknowledge that such right to use the POP Material does not convey or confers any right, title or interest in any of Interac Marks;

(v) Agree that PayFacto may amend these Terms and any of PayFacto’s requirements and/or regulations at any time following a demand from Interac Corp, and that you agree to be bound and abide immediately to any new requirements and/or regulations imposed pursuant to such modifications of these Terms;

(w) Agree that PayFacto may immediately terminate the provision of the Interac Services to you upon your failure to perform, observe, conform to or comply with any of the obligations described in these Terms;

(x) Upon termination of this Agreement, to discontinue immediately all use of the Interac Services and immediately return all POP Materials to PayFacto.

(y) Permit PayFacto to verify that you are in compliance with the Interac Requirements;

(z) Maintain accurate logs of employee shifts and provide these logs (with or without employee names) to PayFacto, within 24 hours of a request of Interac or PayFacto as part of an investigation of a debit card fraud incident;

(aa) not provide currency to Cardholders for INTERAC Flash transactions;

(bb) keep a copy of any and all transaction records issued to a Cardholder for a least one (1) calendar year from the transaction date; and

(cc) Comply with all applicable Interac Requirements.

1. Detailed On-Screen Disclosure of the Surcharge where Capable

For ABMs capable of displaying the following information on one screen as part of the ABM dialogue, the notice described must contain the following: (a) notice of an impending surcharge; (b) explanation that the surcharge is being imposed by the operator of the ABM; (c) the amount of the surcharge; (d) explanation that the surcharge is in addition to any fees that may be imposed by the issuer of the card; and (e) clear instructions on how to continue or cancel the transaction.

The following are examples of notices in English and French deemed to meet these requirements:

English:

French:

2. On-screen Notice to be Complemented by Signage where Required

For Terminals not capable of displaying on one screen the notice described in section 1 must, at a minimum, contain the following: (a) the word “Fee” in English or “Frais” in French; (b) the amount of the Surcharge; and (c) a prompt to the Cardholder to either continue or cancel the Transaction.

The following are examples of notices in English and French deemed to meet these requirements:

English: “Fee $X.XX OK?”

French: “Frais X,XX $ OK?”

In cases in which this paragraph applies, in addition to the on-screen notice described in this paragraph, you must provide an additional notice displayed on or near the Terminal in a location that is clearly and conspicuously visible to the Cardholder while using the Terminal.

If this additional notice is physically affixed to the PIN Pad device, the notice must: (a) be at least 3” wide by 1.5” tall, unless incompatible with the size of the PIN Pad; (b) be set in a font size large enough to fill the entire area of the sign; (c) contain the following: (i) a heading containing the words “Fee Notice” in English or “Avis de frais” in French; (ii) notice that the operator of the Terminal charges a surcharge for Interac Direct Payment Transactions; and (iii) explanation that the surcharge is in addition to any fees that may be imposed by the Issuer; and (d) not contain the Interac logo.

If this additional notice is not physically affixed to the PIN pad device, the notice must: (i) be at least 4” wide by 3” tall; (ii) be set in a font size large enough to fill the entire area of the sign; (iii) contain the following: (i) a heading containing the words “Fee Notice” in English or “Avis de frais” in French; (ii) notice that the operator of the ABM charges surcharge for Interac Direct Payment Transactions; and (iii) explanation that the surcharge is in addition to any fees that may be imposed by the issuer of the card; and (iv) not contain the Interac logo.

The following are examples of notices in English and French deemed to meet these requirements:

English:

French: