Understanding Merchant Services Contracts: Key Clauses and How to Negotiate Better Terms

Is your business looking to incorporate electronic payments? Understanding merchant services contracts is very important. Merchant service agreements refer to the terms and conditions under which a merchant will receive their payments. The payments come through a payment processor offered by a merchant service provider. Here, we will provide a comprehensive guide as we explore the critical clauses in any contract before you sign it. We will also look at common pitfalls and strategies you can use to get the best terms.

Key Clauses in Merchant Services Contracts

Just like any other contract, merchant services contracts include several essential clauses. These clauses define the relationship you, as the merchant, will have with the payment processor. Understanding the clauses will play a big part in ensuring you avoid getting into unfavourable terms and conditions. Let’s look at the clauses and how best you can understand them.

Service Provided

As the name suggests, this section outlines the payment processor’s core services. These services mainly include transaction authorisation, fund settlement, and any required reporting. As a merchant, you must check this section to ensure that the list of services aligns with your business needs.

Payment Processing Fees

You should look into processing fees before entering into any contractual agreement. These fees are associated with processing payments, i.e., transaction fees, monthly fees, and any additional costs that may apply. Understand whether the fees are fixed or variable and how they are structured. Remember that the core purpose of running a business is to make money. You want the processing fees to stay in your profits. If they do, you are running your business down the drain.

Term and Termination

When entering into a contractual agreement, you should consider the duration of the contract. This clause specifies the duration and the conditions for termination. Pay close attention to the automatic renewal terms and any period for offering notice if you need to end your contract. 

Security and Compliance

Payment processing is susceptible. In this case, data security is crucial. This section discusses data security and compliance with the payment card industry data security standard. As a merchant, ensure that the payment services you choose are equipped to meet these standards so that you avoid any penalties.

Chargebacks and Disputes

This clause outlines the payment processor’s rights regarding chargebacks and disputes. As a merchant, you are responsible for responding to chargeback notifications and providing any necessary documentation. Understanding this process is essential to avoid financial losses.

Common Pitfalls to Avoid

Common pitfalls can lead to a merchant getting unfavourable outcomes in a merchant services contract.

  • Hidden Fees—Many hidden fees can increase the contract costs. As a merchant, you should review the contracts to identify hidden fees.
  • Long-Term Commitments—Contracts that require extended time commitments and termination are possible. In case of hefty fees, you can renegotiate for more flexible terms that allow for more accessible exit options.
  • Inadequate Support-You might encounter services that lack clear terms regarding customer service and any technical support required. The contract should specify the kind of support offered to you.

Strategies Need Negotiating Better Terms

In most cases, negotiating a better merchant services contract is possible. This will significantly save costs and provide a high level of good services. To negotiate better terms, here are strategies you can use;

  • Do Your Research—Research is important before starting any negotiations. Check out various payment processors and their offerings. Compare the rates, features, and customer reviews of these payment processors. These things will provide leverage for better negotiations. 
  • Know Your Numbers—Understand your business sales volume, the average transaction size, and the payment methods you use. This understanding will allow you to present better negotiations to get lower fees and service conditions. 
  • Ask the Right Questions—Do not shy away from asking as many questions as you would like to. Get into details with your questions and ask any follow-up questions about fees, the contract length, and any cancellation policies. This will cover any potential issues and any clarifications needed. 
  • Be Prepared to Walk Away—There are many services out there that might favour you. If the terms offered are not favourable to you, then you should be willing to walk away. 
  • Consider Legal Advice– Soe contacts are very complex and might require you to seek legal advice. A lawyer will give you valuable insights and help you protect your interests.

Conclusion

Merchant services are important in processing business payments effectively. However, it is important to understand the key clauses to avoid common pitfalls before signing any contract. Review the performance of the merchant payment services to ensure that you maintain a beneficial relationship.

Published On: August 27, 2024