MERCHANT AGREEMENT

Summary of the key terms of your Merchant Facilities and Section 25 Fraud Prevention

• Updated to specify that the ‘Your guide to the Payment Card Industry Data Security Standard (PCI DSS)’ is available online on westpac.com.au/merchant-terms

• Inserted additional context about the requirements you need to meet under your Merchant Facility Agreement. It now states:
  
  “Under this Agreement, you also must meet:
  
  • If you are an eCommerce merchant, the conditions set out in westpac.com.au/website-requirements
  • If you plan to add a surcharge amount to a transaction, the conditions set out at westpac.com.au/surcharging
  • If you use an API or SDK as part of an eCommerce Service that is provided by us, you agree to abide by any license terms and conditions that accompany the API and/or SDK.”
• Removed reference to “data processor” from subparagraph d). It now states:
  
  • “if you are an eCommerce Merchant using an Accredited Gateway Provider by obtaining a MID and Merchant Category Code.”

• Amended the definition for “Accredited Gateway Provider” to remove reference to data processor.
• Introduced new definitions for API, Checkout Page, Documentation and SDK.
• Amended the definition for “Compatible Mobile Device” to clarify that for EFTPOS Air, the compatible make and model is listed on the Westpac website.
• Renamed the definition “eCommerce Merchant Facility” to “eCommerce Service” and updated to include dashboards.
• Updated the definition for “UnionPay” to “UnionPay International Co. Ltd.;”

• Clarified that processing offline transactions without real-time Authorisation from the Card issuer only applies to Transactions for EFTPOS terminals. It now states:
  • “Where you have requested, and we have agreed, to process offline Transactions for EFTPOS terminals without real-time Authorisation from the Card issuer, for instance, in Electronic Fall Back Mode (EFB).”
    
    
  • “When processing transactions offline (for EFTPOS terminals only) such as in Electronic Fall Back Mode (EFB) and without real-time authorisation from the Card issuer, you will be held responsible for any resulting fraudulent Transactions or chargebacks.”

• Clarified the use of a password when processing a sale refund. It now states:
  • “You may not process a sale refund unless you enter the password prior to each Transaction on the terminal or prior to accessing the eCommerce Service with a password.
  • Where we have issued you with a password or eCommerce Service that allows sales refunds, we will not be responsible for any unauthorised sale refunds processed except to the extent …
  • You will control and be responsible for access to the Terminal sale refunds password or managing user access to the eCommerce Service.”

• Updated to outline the requirements that apply to eCommerce Merchants conducting eCommerce Transactions, including:
  • Your Website Requirements
  • Your Goods and Services
  • Customer Receipts
  • Payment Gateways:
    • Your Responsibilities
    • Third Party Gateway
  • Westpac Payment Gateway
    • General Requirements
    • Acceptable Use
  • API and SDK
  • Your Business Logo
  • Security
  • Responsibility for Cost Associated with your Facility.

• Amended to clarify how we use the ‘publish and notify’ notification method through the merchant statements, it now states:
  • “Notifying you by statements means via your merchant statement (either by ordinary mail or electronically) which may direct you to visit our website westpac.com.au/merchant-terms for more information. You may opt-out of receiving electronic statements at any time, by following the instructions outlined in section 10.”
• Amended the type of change “Any other term or condition (including a variation of fees and charges)” to specify that a notice of the changes will be available on westpac.com.au/merchant-terms

• Added the effect of terminating an eCommerce Service with one or multiple products. It now states:
  • “On termination of an eCommerce Service where this is the only Merchant Product, you will not have access to the eCommerce Service dashboard, portal or API. You are responsible to ensure you have downloaded all records that you require from the dashboard, portal or API, prior to termination.  We will not be responsible for information from the dashboard, portal, or API that you cannot access due to termination.
    Where a Merchant has another Product attached to the eCommerce Service Dashboard then access to this Product will continue after the closure of the eCommerce Product.”

• Updated to clarify the potential use of merchant data for geographical brand affinity and penetration measures based on aggregated Westpac Group Cardholder insights.

• Updated the below paragraph to include eCommerce Services:
  • “Additionally, for EFTPOS Air facilities and eCommerce Services we make no representation or warranty in connection with..”
• Amended subparagraph b) to add “eCommerce Service”, “Website”, and “system”. It now states:
  • “b) the interoperability between the EFTPOS Air App or eCommerce Service and your Website(s), system, or telecommunications system; or”
• Amended subparagraph c) to add “eCommerce merchant dashboard”, “portal” and “API”. It now states:
  • “c) any features, functionality, characteristics or capability of EFTPOS Air or the EFTPOS Air App or your eCommerce merchant dashboard, portal or API or its availability, nor that access will be continuous or uninterrupted. We will use reasonable endeavours to overcome any fault in the services we provide to you quickly”.

Detecting and reducing fraud Card Not Present businesses

How can I reduce Card Not Present fraud?

• Removed the following security check:
  • “Ask the cardholder the name of the cardholder’s bank. Criminals with compromised account details won’t have this information.”

Securing your customers’ payment information

• Updated to specify that the ‘Your guide to the Payment Card Industry Data Security Standard (PCI DSS)’ is available online on westpac.com.au/merchant-terms

Entire guide

Your guide to the Payment Card Industry Data Security Standard (PCI DSS) will no longer be available as a standalone guide. Instead, it will be replaced with an online version that will provide you with information on what PCI DSS is, your compliance requirements and what to do in case of a breach.

You can find more information on PCI DSS and helpful merchant resources by visiting pcisecuritystandards.org.

Fee Summary Table

• Removed “EFTPOS Establishment Fees” and “eCommerce Establishment Fees” as these fees are no longer charged.
• Removed EFTPOS 1 fees from the “EFTPOS Terminal Stand and Accessories” and “EFTPOS Terminal Accessories” as EFTPOS 1 is no longer available.  
• Amended the heading “Additional and Ongoing fees” to “Additional and Ongoing Fees for Westpac Merchant Flat Rate Pricing” to clarify when these fees apply.
• Removed the footnote that required changes to pricing plans to be requested two Business Days before the end of the month from “Westpac Merchant Pricing Plan - No longer for sale from 8 December 2023” and “Westpac Presto Pricing Plan – No longer for sale from 8 December 2023” as merchant customers are no longer able to change pricing plans.

Our fees explained 

• Removed the explanation of “Establishment Fee”, “Additional Outlet Establishment Fee” and “Temporary EFTPOS Facility Establishment Fees”, as these fees are no longer charged.
• Updated “Minimum Merchant Service Fee (MSF)” to clarify that the MSF applies per merchant facility for EFTPOS and eCommerce merchant facilities.
• Amended “Chargeback Fee” to include debit cards. 

2.0 General Merchant information

What happens if I cancel my merchant facility?
 

• Added additional context under this section to clarify the process to cancel a merchant facility. It now states:
  • “You must contact us to let us know you wish to cancel your facility.  Unless such notice is provided, fees and charges will continue to apply, even though you may have returned the equipment to us.
  • After we receive notification, failure to return the equipment to us will result in a non-return fee being charged.
  • Return all equipment and materials as per scheduled collection.”

4.0 Fighting fraud

How can I protect my business from fraud?

• This section has been amended to specify that the “Your guide to the Payment Card Industry Data Security Standard (PCI DSS)” is available online on westpac.com.au/merchant-terms