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Merchant Agreement

Merchant Agreement Template for Austria

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Key Requirements PROMPT example:

Merchant Agreement

"I need a Merchant Agreement under Austrian law for my mid-sized online retail business that will be launching in March 2025, with specific focus on e-commerce payments, cross-border transactions, and strong data protection provisions."

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Document background
The Merchant Agreement serves as the foundational contract for businesses accepting payment cards or other payment methods through a payment service provider or acquiring bank in Austria. This document is essential for any business engaged in accepting payments from customers, whether through physical point-of-sale systems or online platforms. The agreement must comply with Austrian commercial law, the EU Payment Services Directive (PSD2), GDPR, and other relevant regulations. It typically includes detailed terms covering payment processing, fees, chargebacks, data security, technical requirements, and operational procedures. The Merchant Agreement is particularly crucial for businesses expanding their payment acceptance capabilities or launching new commercial operations in Austria, as it establishes the legal framework for payment processing relationships while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Agreement: Overview of services and business relationship covered by the agreement

5. Merchant Obligations: Core responsibilities and duties of the merchant including compliance requirements

6. Service Provider Obligations: Core responsibilities and duties of the service provider

7. Payment Terms and Fees: Detailed payment structures, fees, charges, and payment processing terms

8. Technical Requirements: Technical specifications and requirements for service delivery

9. Data Protection and Security: GDPR compliance measures and data security requirements

10. Representations and Warranties: Legal assurances and guarantees provided by both parties

11. Term and Termination: Duration of agreement and circumstances for termination

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Confidentiality: Protection of confidential information and trade secrets

14. Dispute Resolution: Procedures for handling disputes including jurisdiction and governing law

15. General Provisions: Standard legal clauses including force majeure, notices, and assignment

Optional Sections

1. E-commerce Provisions: Additional terms for online merchants including website requirements and digital commerce regulations

2. Special Product Requirements: Specific terms for regulated products or services requiring special handling or licenses

3. Marketing and Branding: Terms governing use of trademarks, marketing materials, and brand guidelines

4. Insurance Requirements: Specific insurance coverage requirements based on business type and risk profile

5. Integration Services: Terms for technical integration with payment systems or platforms

6. Training and Support: Requirements for merchant training and ongoing support services

7. Compliance with Industry Standards: Special compliance requirements for specific industries (e.g., PCI DSS for payment card processing)

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service levels

3. Schedule 3 - Technical Specifications: Detailed technical requirements and integration specifications

4. Schedule 4 - Data Processing Agreement: Detailed terms for GDPR compliance and data processing requirements

5. Schedule 5 - Security Requirements: Specific security protocols and requirements

6. Appendix A - Approved Products/Services: List of products or services covered under the agreement

7. Appendix B - Operating Procedures: Detailed operational procedures and requirements

8. Appendix C - Contact Details: Key contacts and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































Clauses





































Relevant Industries

Retail

E-commerce

Hospitality

Financial Services

Technology

Healthcare

Professional Services

Travel and Tourism

Food and Beverage

Entertainment

Relevant Teams

Legal

Finance

Operations

Compliance

Risk Management

Treasury

Commercial

Technology

Procurement

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Payment Operations Manager

Commercial Director

Business Development Manager

E-commerce Manager

Retail Operations Manager

Risk Manager

Treasury Manager

Merchant Services Director

Head of Operations

Chief Technology Officer

Procurement Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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