Definitions

The attached definitions appear as an addendum to the MSTAC (Merchant Services Terms and Conditions) and related documents and do not supersede or replace any terms which are specifically defined in those documents:
Applicable Law(s) means any and all laws, regulations, government mandated decisions, terms and guidance which has relevant standing in the relevant jurisdiction, as well as any decision made by relevant and competent government entities, including but not limited to courts and financial services regulators, in all relevant jurisdictions to the MSTAC, including but not limited to legislation on Anti Money Laundering (AML), Counter Terrorist Financing (CTF), Embargos, Sanctions, Bribery, Misconduct, Confidential Information (including intellectual property and trade secrets), behaviour of financial institutions and Data Protection.

Application means the initial form and subsequent informational material submitted by Merchant to NomuPay in furtherance of the provision of the Services.

Card means any form of valid payment card or other valid payment token or device used for the purposes of obtaining credit or debiting of a designated account issued by a Card Issuer under a Card Scheme (including, a Credit Card, a Debit Card, an EGC or other stored value card, contactless Card), and acceptable to NomuPay (as notified to you from time to time), which may be used by a Cardholder to carry out a Transaction of the types specified in the Application.

Card Scheme means Visa, Mastercard®, American Express Payment Services Limited, Maestro, JCB International (Europe) Limited, Diners Club International Limited (including Discover-branded Cards), UnionPay International Co., Limited or any other Card sponsorship organisation or association or scheme and their Affiliates governing the issue and use of Cards acceptable to NomuPay, and any successor organisation or association to any of the foregoing.

Card Scheme Rules means all applicable bylaws, rules, regulations, operating guidelines and procedures issued by any Card Scheme from time to time relating to Cards, Transactions, any other payment methods and any payments or processing of Transaction data relating thereto, as amended, extended, consolidated or supplemented from time to time, and any current waivers or exceptions agreed with the Card Schemes.

Confidential Information means all trade secrets, proprietary, or other confidential information or items of NomuPay, of which the Customer obtains knowledge of or access to as a result of Customer’s relationship with NomuPay pursuant to the Agreement and whether or not in written form, and including: scientific, technical, or business information, product makeup lists, ideas, concepts, designs, drawings, techniques, plans, calculations, system designs, formulae, algorithms, programs, software (source and object code), hardware, manuals, test procedures and results, identity and description of computerised records, identity and description of suppliers, customer lists, processes, procedures, “know-how”, marketing techniques and material, marketing and development plans, price lists, pricing policies, and all other financial information.

Customer/(Cardholder) means (i) the individual in whose name a Card has been issued; and (ii) any individual who possesses and uses a Card and who purports to be the person in whose name the Card was issued or whose signature appears on the Card as an authorised user, and who is a party purchasing goods or services from you.

Data Protection means any national implementation laws and any applicable laws and regulations in any national territory or other recognised jurisdiction relating to the processing of personal data (as may be defined in said law) within the relevant jurisdiction in which the Services are provided.

Delayed Settlement means the extension of the period of time provided for payment of acquired funds from NomuPay to the account of the Merchant in line with the provisions of the MSTAC.
Merchant (or “you” or “your”) means the business entity or other Person indicated on the Application and including (when relevant) any subsidiary or affiliate.

MSTAC/ “Merchant Services Terms and Conditions” means the document entitled the same together with the Application, any Operating Guide, Annexes, Addenda, supplements or related documents.

Operating Guidelines means any operating manual provided by NomuPay to Merchant, and any amendments from time to time.

PCI/DSS means the Payment Card Industry Data Security Standards as published by the PCI SSC at www.pcisecuritystandards.org/ and updated from time to time (including any successor standards to those standards).

Reserve Account means the pool of funds, belonging to and under the control of NomuPay, created pursuant to the terms of the MSTAC to provide for the risks and or obligations of the Merchant.

Services means any hardware, software, Terminals, or other devices or IPRs, together with any tasks, work, advices, operations or labour provided by or on behalf of NomuPay to you in connection with the acquiring of Transactions.

Terms of Service: The MSTAC and any related documents.

Transaction means a Sales Transaction and/or a Refund (as the context requires).
Website means the on-line site or similar interactive portal used by the Merchant for the offering of its goods or Services to a Customer.