Payment Terminal Services Description
Updated: March, 2018
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1. Introduction
This document describes the following standard services Adyen provides to the Merchant with respect to Payment Terminals provided by Adyen to Merchant:
The sale of the Payment Terminals by Adyen to Merchant and related ordering procedure as set out in section 3 below; and
The second line support services provided by Adyen to Merchant in using the Payment Terminals which consist of the following two service components:
Terminal Replacement Services to replace defective Payment Terminals (see section 4 below); and
Support with respect to the software embedded in the Payment Terminals and the software made available by Adyen to enable Merchant (and its third party service providers) to connect the Payment Terminals to third party devices. (see section 5 below).
Merchant is itself responsible for all first line support activities to the users of the Payment Terminals including all on site activities with respect to the Payment Terminals. The first line support responsibilities of Merchant regarding the handling of Payment Terminals are set out in section 6 below.
2. Definitions
3. Payment Terminal Sales
3.1 Available Payment Terminals and pricing
The sale price for Payment Terminals is as agreed in the Merchant Agreement or (for other Payment Terminal models) as set out on the then current price list of Adyen, in each case unless other pricing is expressly separately agreed in writing per order between Adyen and Merchant.
The sales price for the Payment Terminal as standard includes the following:
Cables and initial supplies necessary to operate the Payment Terminal as specified in the product sheet of the Payment Terminal;
The following Payment Terminal preparation in an environment secured in accordance with applicable PCI DSS security standard:
Adyen’s Acquirer key injection into the Payment Terminal;
Adyen Payment Terminal Software loaded into the Payment Terminal;
Basic functionality test of the Payment Terminal; and
Packaging for shipment.
Registration and activation of the Payment Terminal in the Company Account on the Adyen Platform or enable the registration and activation by the Merchant itself via the Customer Area;
Shipment to Merchant’s designated central address (standard postal delivery only; courier services / express delivery on Merchant request is separately charged);
The license to use the Adyen POS Software with the Payment Terminal to connect to the Adyen platform and use the Services for the term of the Merchant Agreement; and
The right to receive POS Software support for the Payment Terminal (as specified in section 5 below).
The sales price for the Payment Terminal as standard excludes the following:
Local in-store implementation and first line support to in-store personnel (own responsibility Merchant as specified in section 6 below);
Terminal Replacement Service (separately charged as set out in section 4 below);
Optional accessories (such as chargers, base stations and frames) and additional supplies (such as additional paper rolls for printers and other consumables like batteries).
3.2 Payment Terminal ordering process
To order Payment Terminals, Merchant must use the order forms as made available to the Merchant, or use the online ordering tool made available by Adyen to Merchant in the Customer Area. Merchant must provide all configuration and other details as requested in such form or online tool and, in the case of the order form, send it to the email address specified therein.
Adyen strives to react to fully filled out Payment Terminal order forms within 3 Business Days of receipt and in its reaction will confirm the expected delivery lead time for fulfilling the order. Delivery lead times communicated by Adyen are an indication only and not guaranteed, but Merchant is entitled to cancel at no costs any order which is delayed for more than 10 Business Days beyond the delivery lead time confirmed by Adyen on acceptance of the order.
The standard average lead time for Payment Terminal order quantities lower than 10 units per month is 15 Business Days after order confirmation. For larger order quantities, longer average lead times (up to 12 weeks) may apply. In case Merchant expects to order larger quantities and wishes to secure an average lead time of 3 weeks for such orders, Merchant should contact Adyen to separately agree an order forecasting process to enable Adyen to meet such requirement.
Orders for Payment Terminals are invoiced to Merchant on a monthly basis, based on the shipping date of the relevant Payment Terminal(s).
4. Payment Terminal Replacement Service
4.1 Pricing Terminal Replacement Service
Terminal Replacement Service is as standard provided for all Payment Terminals provided to Merchant. For the Terminal Replacement Service, a monthly fee per Payment Terminal applies as agreed in the Merchant Agreement.
4.2 Pricing Terminal Replacement Service
If Merchant procured Terminal Replacement Service for a Payment Terminal, then the term for such coverage starts on the day the Payment Terminal is shipped to the Merchant. The Terminal Replacement Service is procured for a period of 48 months per Payment Terminal and is invoiced monthly. Merchant can only procure and terminate Terminal Replacement Service for all Payment Terminals of a particular model that are registered to Merchant.
After this 48 months period, the Terminal Replacement Service will automatically expire and terminate without the need for prior termination notice. No fees paid for Terminal Replacement Service are rebated on termination of the Merchant Agreement or in case of loss or destruction of the Payment Terminal.
4.3 Pricing Terminal Replacement Service
The Terminal Replacement Service solely entitles Merchant to the free replacement of the Adyen provided Payment Terminals which as a result of a hardware defect in the Payment Terminal cannot be used to submit Transactions to Adyen, or otherwise materially fail to function in accordance with their documentation. In order to request the repair or replacement of defective Payment Terminals under the Terminal Replacement Service, Merchant must (prior to the expiry of the term of the Terminal Replacement Service) fill out and submit a Terminal replacement request form as provided to Merchant by Adyen for such purpose, after which Adyen will provide instructions on the return of the defective Payment Terminal to Adyen.
Upon receipt of the Terminal replacement request with all required details, Adyen intends to send a replacement Payment Terminal (same or equivalent model offering at least same level of functionality) to the relevant location indicated on the form within three Business Days after the day of receipt for batches of up to 20 Payment Terminals.
Adyen recommends to return defective Payment Terminals in batches of max. 10-20. For larger batches the delivery time of the replacement Payment Terminals may take up to 25 Business Days.
4.4 Defects
Adyen will examine the defect Payment Terminal to establish the cause of the reported defect. If the defective Payment Terminal is not received by Adyen, no defect is found in the Payment Terminal or if the issue that triggered the defect in the Payment Terminal is caused by any of the following, then the cost of investigation, repair or replacement are charged separately to the Merchant (total costs never to exceed the costs of a new replacement unit):
The defect is caused by any (attempt to) open, change, repair, modify or add to the Payment Terminal by parties other than Adyen;
The defect is caused by any undue external influence (e.g. contact with water, temperature outside operating conditions, oxidation, dropping the device etc.);
Use contrary to the operating instructions issued by Adyen for such Payment Terminal as set out in its user documentation;
Power supply defect (power surge);
Missing piece, falls, plastics damaged;
Issues the Merchant could have resolved itself by updating the Payment Terminal Software with Updates made available for such purpose to Merchant in accordance with section 5; or
Rechargeable battery failure more than one year after purchase. Batteries are considered consumables.
4.5 Base hardware warranty
If the Merchant has not purchased Terminal Replacement Service for Payment Terminals procured from Adyen, then a basic 4 month warranty period will apply following the date the Payment Terminal is shipped to Merchant. Under the base warranty coverage, Merchant can return a defective Payment Terminal to Adyen with a completed warranty claim form and Adyen commits to use reasonable efforts to return the repaired or replaced Payment Terminal within 25 Business Days after receipt of the defective Payment Terminal and the warranty claims form. Repairs or replacements of the Payment Terminals after the expiry of the 4 month base warranty period or caused by the excluded events as listed in section 4.4 above are separately charged to Customer.
5. Second Line POS Software Support
5.1 Introduction, types of POS Software
For Payment Terminals supported by Adyen for use of the Services, Adyen provides and supports two types of POS Software:
Payment Terminal Software: The software loaded in the Payment Terminal itself.
POS Device Libraries: Software building blocks that can be used by Merchant to integrate in software loaded on third party POS devices like tablets and cash registers (“POS Devices”) to link such POS Device to the Payment Terminal.
Adyen will as part of the Services, at no additional charge, support the use of the POS Software by providing second line implementation support as specified below. Adyen will also make Patches and Releases available from time to time for the POS Software for all supported Payment Terminals as set out below.
5.2 Implementation support
Adyen will support Merchant and its third party suppliers in connecting POS Devices as follows:
Make POS Device Libraries available for integration in supported POS Devices to enable integration.
Provide user documentation for the POS Device Libraries, related test checklists and other general guidance.
Provide access to test accounts on the Adyen Test Platform.
Provide reasonably requested technical guidance via the Adyen helpdesk on subjects not covered by the provided documentation.
Optionally the following additional services can be ordered in support of integration efforts:
Test terminals and test cards (only for testing purposes, not for processing transactions for actual sales).
5.3 Manner of distribution of Updates
For Payment Terminal Software:
The Payment Terminal Software Updates will typically be remotely loaded to the Payment Terminals by Adyen from the Adyen platform over an IP connection to the Payment Terminal and auto installed with little or no need for the user to do anything (other than maybe leave on the device or reboot it on completion of the update). Merchant will receive notification (via technical contacts registered on the Customer Area of the Adyen website) when new Updates for the Payment Terminal Software are made available. Merchant will be able to initiate the push of the Update to the Payment Terminals at a time of its choosing via the Customer Area, within a maximum time window set by Adyen. The following time windows are applied by Adyen:
In case installing an Update of the Payment Terminal Software would require the Merchant to install a new Release of the related POS Device Library in order for the link between the POS Device and the Payment Terminal to continue to function, the window for installing the new Release of the Payment Terminal Software will be at least 6 months.
The time window for installing Updates of the Payment Terminal Software which do not require to install a new Release of the POS Device Library will be 4 weeks
For Emergency Patches shorter time windows may be applied and Adyen reserves the right to push Emergency Patches to Payment Terminals where waiting for the Merchant to initiate the installation of the Patch is not reasonably possible given the urgency of the Patch. Examples of reasons for Adyen to issue Emergency Patches include software updates required to urgently attend to potential security breaches, PCI responsibilities, demands from the Schemes Owners or address material Service stability issues.
For new ‘beta’ release Updates issued for testing / trial purposes only (which are expressly so designated by Adyen) no maximum time window applies as long as the Update remains in ‘beta’. Use of such Updates is for trial and test purposes by Merchant only.
After expiry of the applicable time window, Adyen does not commit to support the use of the previous version anymore and continued use of such previous version will be at the risk of Merchant. Not installing Updates may in exceptional cases force Adyen to suspend submission of Transactions for not updated Payment Terminals, where not installing the Update would cause the Payment Terminals to violate applicable Scheme Rules or legal requirements or would cause a material and immediate threat to the security of data or systems. Adyen will announce such suspension at least 5 Working Days in advance, except in case of Emergency Patches for which a shorter or no prior notice period may have to apply.
For POS Device Libraries
The POS Device Library Updates will be made available for download via the Customer Area (or for Android and iOS apps via the Apple or Android App store). Implementation of the Update of a POS Device Library is the responsibility of the Merchant and can be timed as desired by the Merchant, provided that older Releases are no longer supported 6 months after a new Release is made available to Merchant and that for Emergency Patches shorter time windows may be applied as needed to address the relevant issue fixed with the Emergency Patch. For Android and Apple Apps also a shorter time frame may be forced to apply due to evolution of the Android or Apple environment.
Release notes for Updates
Adyen will provide notice and release notes via the Customer Area for each Update, summarizing the changes made by means of the Update and (where relevant) informing the Merchant of what Merchant should do to implement or allow the implementation of the Update.
5.4 Supported Releases and Patches of POS Software
For Payment Terminal Software
For the Payment Terminal Software Adyen will only support the latest Release and the latest Patch of the Payment Terminal Software and the previous Patch or Release for which the time window to install the relevant Patch or Release as set out above in section 5.3 has not yet expired.
For POS Device Libraries
For the POS Device Libraries, Adyen will continue to support each Release for at least 6 months after the subsequent Release is made available for installation by the user. Adyen will further support each Patch of a supported Release, provided that Adyen may require Merchant to implement a Patch to resolve issues caused by Merchant not installing such Patch.
Support of older versions
Adyen is not responsible for issues in the Services or the Payment Terminal caused by Merchant not updating the POS Software within the time window set by Adyen for the relevant Update. Adyen will not provide Patches (including Emergency Patches) for older Updates not installed by Merchant within the relevant time period set by Adyen.
5.5 Supported Payment Terminals
Adyen commits to use all commercially reasonable efforts to support the POS Software for each Payment Terminal leased or sold by Adyen to Merchant for at least 3 years subsequent to the delivery of the Payment Terminal to the Merchant. If Adyen discontinues support of a certain type of Payment Terminal, it will where reasonably possible announce this at least 6 months in advance to the Merchant.
If Adyen due to special circumstances decides to end support for a Payment Terminal sold to the Merchant prior to the end of the three year period (e.g. because of discontinued support by the hardware vendor, security compromise which cannot be fixed on such terminal by software update or new Scheme Owner requirements which cannot be fulfilled with such Payment Terminal), then Adyen will compensate Merchant by crediting a proportional part of the sales price of such Payment Terminal to Merchant on buying a replacement Payment Terminal from Adyen (e.g. if the Payment Terminal is no longer supported 2 years after it was made available to the Merchant, Merchant will receive a credit of 1/3 of the sales price paid against the purchase of a replacement Payment Terminal).
5.6 POS transaction support
If agreed in the Merchant Agreement, Adyen will also provide First Line support for its merchants in the following way:
Technical support: general technical troubleshooting related to Adyen’s platform and Payment Terminal software.
Transaction support: troubleshooting with regards to particular transactions:
Referral: obtaining an authorization code from the issuer to let the payment go through;
Payment statuses: refunds and refusal reasons; and
MOTO payments: ability to perform payments over the phone in case of network outage.
5.7 Helpdesk Support Service Level
In case of an issue occurring in the POS Software which cannot be resolved by Merchant by means of the documentation and tools provided by Adyen to Merchant (including by implementing Updates to the POS Software made available by Adyen to Merchant as set out above in section 5.3), Merchant can contact the Adyen POS support helpdesk. Then current contact details are listed on the Customer Area. The Adyen POS support helpdesk is available in the English language only.
For helpdesk support for the POS Software the following service levels apply:
* The resolution target regards Adyen making an Update available for the POS Software (or a recommended change in the setting of the same) that resolves the issue or provides a work-around for the same. This resolution target only applies to issues originating in the POS Software and caused by a previous Update issued by Adyen for such POS Software. Excluded from the resolution target are issues caused or originating in: software embedded by the hardware manufacturer of the Payment Terminal, systems or software of Scheme Owners, POS Devices or due to user error, unsupported Updates or not following installation and usage instructions as provided by Adyen.
6. First line support responsibilities Merchant for Payment Terminals
6.1 General responsibilities Merchant
To access and use the Services of Adyen, Merchant must in operating and using the Payment Terminal:
Ensure that the Payment Terminal is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner;
Make no alteration to the Payment Terminal and not remove any component(s) from the Payment Terminal without the prior written consent of Adyen;
Permit Adyen or its duly authorized representative to inspect the Payment Terminal at all reasonable times, subject to reasonable notice and during reasonable working hours at the relevant location;
Not, without the prior written consent of Adyen, allow any third party to use the Payment Terminal or submit POS Transactions via the Payment Terminal on behalf of a third party. The Payment Terminal may only be used by Merchant to submit POS Transactions to Adyen in its own name and for the business it registered for when entering into the Merchant Agreement;
Comply with the relevant usage manuals for the Payment Terminals and the POS Services of Adyen in general as published on the Customer Area, including in particular:
The manual of the particular type of Payment Terminal;
The Network Requirements Manual for Payment Terminals to ensure IP connectivity for the Payment Terminals to enable their proper functioning; and
The Payment Security Manual which provides guidelines to assist Merchant in ensuring safe use, prevent fraud and compliance to related Scheme Rules;
Comply with PCI DSS security requirements imposed by the Card Schemes in handling and using Payment Terminals and on Adyen’s request fill out Self-Assessment Questionnaires (‘SAQs’) prescribed by the Scheme Owners under applicable PCI DSS regulations to confirm such compliance; and
Follow the Scheme Rules in operating the Payment Terminals to submit POS Transactions.
6.2 End User and onsite support responsibilities Merchant
Merchant is responsible for (i) providing all user support to the end users of the Payment Terminals (the in-store personnel), (ii) performing all on-site activities in the stores where the Payment Terminals are to be used and (iii) performing initial analysis and troubleshooting of issues arising in the use of a Payment Terminal prior to engaging Adyen to resolve such issue. If Merchant cannot resolve the issue itself, Adyen’s POS helpdesk is available to assist Merchant as set out in section 5 above.
This includes the followings responsibilities:
Being available to accept delivery of the Payment Terminal at the designated address on the confirmed day of delivery. The risk of loss, theft, damage or destruction of the Payment Terminal passes to the Merchant when the Payment Terminal is offered for delivery at the Merchant designated location as specified in the order form or the Terminal replacement request form.
In the event of loss, theft, damage or destruction of a Payment Terminal, Merchant will inform Adyen immediately, and in no event later than 24 hours after discovery of the incident, by sending an email to possupport@adyen.com. The notification will provide a complete description of the details of the incident, summarize all efforts undertaken and planned to investigate the incident and secure the information and devices at issue, and identify appropriate contacts at Merchant who will be reasonably available to Adyen.
Install and configure Payment Terminals on site in accordance with the applicable installation and configuration instructions provided for the Payment Terminal and (if relevant and desired by the Merchant) connect it to a POS Device.
For issues arising with respect to the Payment Terminal which cannot be resolved by Merchant as set out above, determine on the basis of the results of the troubleshooting whether the issue is a malfunction in the Payment Terminal Hardware or in the POS Software. Depending on the outcome:
For hardware issues in the Payment Terminal, if covered under Terminal Replacement Service coverage follow the procedure in section 4.3 and 4.4 above to submit the Payment Terminal for repair or if not covered section 4.5 shall apply; and
For POS Software issues, contact Adyen’s POS helpdesk as set out above.
For business continuity reasons Merchant is advised to have at least one spare Payment Terminal available on each sales location and a central spare stock per region.
Merchant must ensure a central contact point manned by trained representatives of Merchant is made available for all end users of Payment Terminals to assist in performing the above tasks which such end users cannot perform themselves without assistance. Only such designated trained key representatives of Merchant may contact Adyen to receive support with respect to the Payment Terminals and the Services of Adyen generally, not in-store personnel of Merchant. For requesting support with respect to Payment Terminals and POS Software such representative must use the current contact details to submit the support request by email or trouble ticketing tool, following the relevant procedures specified on the Customer Area for the type of support request concerned.
In order to enable Merchant to perform the above end user support tasks, Adyen will make relevant documentation and training video’s available to Merchant via the Customer Area, which the designated key representatives of Merchant must familiarizes themselves with. Adyen may furthermore from time to time (at no additional costs) offer online training sessions to Merchant on a train-the-trainer basis for the designated key representatives of Merchant’s end user support personnel.