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Merchant Agreement
"I need a Merchant Agreement for my e-commerce platform launching in January 2025, which will be used for onboarding small retail merchants across India, with specific focus on data protection, payment settlement cycles, and straightforward termination provisions."
1. Parties: Identification and details of the contracting parties - the service provider/platform and the merchant
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 services provided by both parties
5. Merchant Obligations: Key responsibilities and commitments of the merchant
6. Platform Obligations: Key responsibilities and commitments of the service provider/platform
7. Commission and Payment Terms: Fee structure, payment processing, settlement cycles, and related terms
8. Representations and Warranties: Legal assurances provided by both parties
9. Compliance Requirements: Regulatory and legal compliance obligations
10. Confidentiality: Protection and handling of confidential information
11. Intellectual Property Rights: Ownership and usage rights of trademarks, logos, and other IP
12. Term and Termination: Duration of agreement and conditions for termination
13. Indemnification: Mutual indemnification obligations and process
14. Dispute Resolution: Process for resolving disputes between parties
15. Governing Law: Applicable law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, assignment
1. Data Protection and Privacy: Detailed section required when personal data processing is involved
2. Insurance Requirements: Specific insurance obligations when dealing with high-value transactions or regulated industries
3. Service Level Agreement: Detailed performance metrics and standards when specific service levels need to be maintained
4. Marketing and Promotion: Terms for joint marketing activities and brand usage when collaborative promotion is planned
5. Training and Support: Details of training and support services when complex systems or processes are involved
6. Exclusivity: Exclusivity terms when parties agree to exclusive arrangements
7. Force Majeure: Detailed force majeure provisions when operating in volatile markets or regions
8. Audit Rights: Detailed audit provisions when regular compliance verification is needed
1. Schedule 1 - Commercial Terms: Detailed fee structure, commission rates, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of services, features, and functionalities
3. Schedule 3 - Technical Requirements: Technical specifications, integration requirements, and API documentation
4. Schedule 4 - Operational Procedures: Day-to-day operational procedures and protocols
5. Schedule 5 - KYC Requirements: List of required KYC documents and verification procedures
6. Schedule 6 - Service Level Metrics: Detailed service level commitments and measurement criteria
7. Appendix A - Prohibited Items/Services: List of prohibited items or services that cannot be sold
8. Appendix B - Compliance Checklist: Detailed compliance requirements and verification checklist
Authors
Agreement
Applicable Law
Authorized Representative
Business Day
Chargeback
Confidential Information
Consumer
Customer Data
Delivery Partner
Dispute
Effective Date
Force Majeure Event
GST
Intellectual Property Rights
KYC
Merchant
Merchant Account
Merchant Platform
Merchant Portal
Order
Payment Gateway
Payment Terms
Personal Data
Platform
Platform Fee
Prohibited Items
Refund Policy
Registration Data
Regulatory Authority
Service Level Requirements
Services
Settlement Cycle
Settlement Period
Store
Tax
Term
Territory
Transaction
Transaction Fee
User
User Agreement
Working Hours
Services
Platform Access
Merchant Onboarding
Commission
Payment Terms
Settlement
Service Levels
Merchant Obligations
Platform Obligations
Compliance
KYC Requirements
Data Protection
Confidentiality
Intellectual Property
Representations and Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Waiver
Relationship of Parties
Counterparts
Insurance
Audit Rights
Marketing and Branding
Anti-Money Laundering
Tax Compliance
E-commerce
Retail
Food and Beverage
Financial Services
Technology
Healthcare
Travel and Hospitality
Education
Professional Services
Digital Entertainment
Fashion and Apparel
Electronics and Gadgets
Home and Furniture
Legal
Operations
Finance
Compliance
Business Development
Sales
Account Management
Risk Management
Merchant Relations
Commercial
Technology
Partner Success
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Legal Counsel
Compliance Officer
Business Development Manager
Operations Manager
Account Manager
Merchant Relations Manager
Risk Manager
Commercial Director
Partnership Manager
Sales Director
Technology Manager
Finance Manager
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