Last Updated: December 05, 2023
These Service-Specific Terms form a part of the relevant agreement incorporating these Service-Specific Terms and are intended to highlight some of the important things about using certain products and services provided by Dutchie. If you have subscribed to any of the products and services identified below, the corresponding terms apply to your use.
1.1 Dutchie Hub Service. Subject to the terms of the Agreement, the Processor Agreements (as defined below), and the functionality selected by Merchant within Dutchie Hub, Dutchie will provide Merchant with access to (a) first-party cashless payments offerings provided by Dutchie (including, without limitation, DutchiePay); (b) a variety of cashless payments offerings (each a “Third-Party Offering”) provided by third parties (each a “Third-Party Processor,” and together with Dutchie, each a “Processor”); and (c) the ability to manage retail transactions and receive transactional reporting relating to the cashless payments offerings selected by Merchant (collectively, “Dutchie Hub”).
1.2 Processor Agreements. In order to use Dutchie Hub, Merchant is required to enter into separate agreements with the respective Processors for the processing of cashless payments transactions (each a “Processor Agreement”). By activating a given cashless payments category within Dutchie Hub, Merchant will be agreeing to the corresponding Processor Agreement as if Merchant had entered into such agreement directly with the Processor. Similarly, to the extent Dutchie adds additional Processors and/or functionality in Dutchie Hub, Merchant’s acceptance of the modification will act as agreement to be bound by any additional Processor Agreements specific to the relevant cashless payments category. For the avoidance of doubt, Dutchie is not a party to, nor does it have any liability under, any Processor Agreement between Merchant and a Third-Party Processor.
1.3 Underwriting. The Processors will be required to gather certain information and documentation from you in order to underwrite your accounts and review your applications for approval. You agree to use commercially reasonable efforts to promptly provide Dutchie with all requested information and documentation. While your execution of this Agreement and enablement of a given cashless payments category constitutes acceptance of the corresponding Processor Agreements, your use of Dutchie Hub in whole or in part is ultimately subject to the relevant Processors’ acceptance of your application. You authorize Dutchie, the Third-Party Processors and their service providers to make business and personal credit inquiries and other investigations considered necessary or desirable in connection with the underwriting of your account. You further authorize Dutchie and the Third-Party Processors to share application-related information with each other to the extent related to Dutchie Hub. To the extent that Dutchie is in possession of any such underwriting-related information related to Merchant or its directors, officers, beneficial owners or otherwise, Merchant authorizes Dutchie to process and share such information with the Third-Party Processors. The authorizations provided in this section will remain in effect for as long as you use Dutchie Hub for the purpose of ongoing inquiries related to support risk monitoring and account management, as well as for the purpose of underwriting Merchant for any additional Third-Party Offerings added to Dutchie Hub.
1.4 Dutchie Hub Account. Once approved by the Processors, Merchant will promptly enable and become transactional with Dutchie Hub. Dutchie or the Third-Party Processors may make changes to the Dutchie Hub Services at any time in their sole discretion, including but not limited to changes associated with technological developments, legislative or regulatory changes, or the introduction of new functionality or Processors and/or removal of existing functionality or Processors. Merchant will comply with all time deadlines, equipment and software maintenance and upgrade requirements Dutchie may reasonably require from time to time.
1.5 Fees. The fees for Dutchie Hub as identified in your Order Form will be charged to Merchant by the corresponding Processor in accordance with the terms of the respective Processor Agreement. Merchant agrees to pay all fees as they become due and payable. Notwithstanding anything to the contrary in the Agreement, Dutchie reserves the right, upon 30 days’ prior notice to Merchant (email sufficient), to revise the fees for any or all of the Dutchie Hub services. Merchant’s continued use of Dutchie Hub after the date any such change becomes effective constitutes acceptance of the updated fees.
1.6 Data Security. Merchant will be solely responsible for the security, quality, accuracy, and adequacy of all transactions and information submitted to or through Dutchie Hub, and will maintain adequate audit controls to monitor the security, quality, maintenance and delivery of such data. Without limiting the foregoing, to the extent applicable, Merchant must remain in compliance with Payment Card Industry Data Security Standards and take all steps necessary to ensure that consumer data (including, without limitation, cardholder data and any other personally-identifiable or sensitive information) is not disclosed, misused, or subject to unauthorized access. If there is an actual or suspected breach of, or unauthorized access to, consumer data or other personally-identifiable information, Merchant must immediately (a) notify Dutchie; (b) cooperate with Dutchie’s and/or the applicable Third-Party Processor’s requests for information; (c) take any action designated by Dutchie or the applicable Third-Party Processor to remedy and/or address the breach; (d) prevent further unauthorized access to or use of such information; and (e) comply with all applicable laws and regulations related to privacy and security of the consumer information.
1.7 Termination. Notwithstanding anything to the contrary in the Agreement, either Party may terminate Merchant’s use of Dutchie Hub upon notice to the other party.