We at megamllc (the “ISO”, “us”, “we”, “our”) are pleased to offer you/the merchant certain services that will assist you in learning how to be PCI compliant. This agreement (the “Agreement”) sets out the terms by which we offer those services to you (the “Services”). Please read this Agreement carefully as it constitutes an agreement between you and us, the ISO. The Payment Security Council (the “PCI”) (whose web site is here www.pcisecuritystandards.org, the “PCI Services”) publishes a variety of standards that apply to suppliers and users of payment services in the United States. Certain payment processing banks and other suppliers require merchants to comply with certain standards published by PCI as well as other industry rules, regulations and security standards. We urge you to read the agreements applicable to the services that you procure from banks in order to ascertain which of these rules, regulations and security standards apply to you. We offer no opinion as to which PCI standards or other rules apply to you specifically, that determination is your sole and absolute responsibility which can be completed by a careful reading of the various agreements to which you may be a party to procure payment and other services. The PCI publishes a Data Security Standard Self-Assessment Questionnaire (the “PCI Questionnaire”) that is a validation tool intended to assist merchants and service providers in self-evaluating their compliance with a PCI standard known as the PCI DSS.
For a monthly or annual fee that is described on this web site or on your merchant account statement, we are pleased to have a third party PCI compliance company provide you with a PCI Questionnaire. We will collect the fees payable to the Service through the monthly processing statement in your merchant account, and this Agreement serves as an express consent for us to levy such fees. If you decline to complete a PCI Questionnaire, you may be charged additional fees for non-compliance, as provided for in your merchant services agreement. This is not an addendum or part of your merchant services agreement. Instead, it is a separate agreement relating to the Services.
YOU SHALL PROVIDE ONLY TRUTHFUL INFORMATION IN THE PCI QUESTIONNAIRE. THE PCI QUESTIONNAIRE IS PROVIDED TO YOU FOR GENERAL INFORMATION PURPOSES ONLY AND YOU MUST NOT RELY ON IT FOR ASSESSING YOUR OWN COMPLIANCE WITH THE PCI DSS WHICH ASSESSMENT CAN BE MADE ONLY BY A QUALIFIED SECURITY ASSESSOR AS SUCH TERM IS DEFINED ON THE PCI SERVICES. WE ARE NOT A QUALIFIED SECURITY ASSESSOR, NOR DO WE HAVE EXPERTISE IN RESPECT OF ASSESSING PCI DSS COMPLIANCE. OUR MAXIMUM AGGREGATE LIABILITY IN RESPECT OF THE PCI SERVICES UNDER THIS AGREEMENT SHALL BE THE AMOUNT YOU HAVE PAID US TO USE IT. PLEASE BE INFORMED THAT THE CONSEQUENCES OF BEING NON-COMPLIANT WITH THE PCI DSS INCLUDE RISK OF GRIEVOUS HARM TO YOUR BUSINESS AS WELL AS SUBSTANTIAL FINES FROM PROCESSORS, BANKS AND PAYMENT BRANDS THAT MAY REACH INTO THE HUNDREDS OF THOUSANDS OF DOLLARS. WE ASSUME NO LIABILITY FOR SUCH LOSSES OR FINES ALL OF WHICH SHALL REMAIN YOUR RESPONSIBILITY.
Under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Agreement and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when (1) your electronic signature is associated with the Agreement and related documents, (2) you consent and intend to be bound by the Agreement and related documents, and (3) the Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record). This Agreement and all related electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept” or “I Agree”, you agree (i) that the Agreement and related documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of this Agreement and related documents, (iii) that you have the ability to print or otherwise store the Agreement and related documents, and (iv) to provide honest and informed responses to the PCI Questionnaire. This information is kept strictly confidential and will not be released.
Please contact us through this Site if you have any questions.