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Before signing a credit card processing agreement, ask for the complete contract, its fee schedule, and every document it incorporates. Then get clear, written answers about total cost, price changes, renewal and cancellation, access to your funds, and operational responsibilities. The checklist below is general business information for merchants in the United States and Canada—not individualized legal advice. Laws and contract terms vary by jurisdiction; the Maryland provisions noted below apply only to specified businesses and agreements.
1. What will I pay in total, and how is the price calculated?
Request a complete fee schedule, not just the advertised transaction rate. Ask the processor to separate its markup from pass-through charges and to identify which services are included in the quoted price.
- Transaction percentage and per-transaction amount, including whether pricing differs by card type or transaction method.
- Monthly or annual account charges, statement fees, and batch fees.
- Chargeback and retrieval-request fees, compliance-related charges, and other fees that may apply only in particular circumstances.
- Terminal, equipment, software, integration, and optional-service charges.
- Any minimums, conditions, or service exclusions that could change the amount billed.
Ask for a sample invoice based on your expected average ticket, monthly volume, card mix, and share of in-person versus online sales. Comparing the total expected cost under the same assumptions is more useful than comparing a headline rate alone.
Be precise about interchange. Visa describes interchange reimbursement fees as transfers between acquiring and issuing banks. Merchants pay a merchant discount to their financial institution, typically calculated as a percentage of the transaction; that discount may include processing services. Interchange is therefore not simply the merchant’s direct processor fee. Visa’s explanation of processing fees and interchange provides that distinction.
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For Canadian merchants, the Financial Consumer Agency of Canada’s Code distinguishes processor fees from other processor fees, such as optional services or amounts resulting from non-compliance. That is Canadian guidance, not a U.S. rule. Read the Code of Conduct for the Payment Card Industry in Canada.
2. Can the rates or fees change after signing?
Find out what can change, who can make the change, how much notice you receive, how notice is delivered, and whether a price change gives you a right to leave without an early termination charge. Ask specifically whether notices can appear in statements or an online account, and assign someone at the business to check those channels.
Read the amendment clause rather than relying on a salesperson’s summary. A TSYS Merchant Card Processing Agreement, version v01.0325, illustrates why: it allows certain amendments tied to third-party changes to take effect immediately, while other amendments use a stated notice period and a limited termination window without premature termination liability. Those provisions describe that agreement only; another processor’s contract may work differently. See the TSYS agreement example.
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Questions to get answered in writing
- Which fees can change, including network or other third-party pass-through charges?
- What notice period applies to each type of change, and where will the notice appear?
- Can you reject a change or terminate without a fee? What deadline and notice method apply?
- Does the processor have discretion to change services, card types accepted, or other contract terms?
3. How long is the commitment, how does it renew, and what does cancellation cost?
Record the initial term, its start date, the renewal period, the nonrenewal deadline, the required notice method and address, and every potential exit cost. Check for separate commitments covering equipment leases, software, or other services. Put each notice deadline on a calendar, with enough time to meet the contract’s delivery requirements.
Also ask what happens if the processor materially breaches the agreement, raises prices, or stops providing a service. Confirm whether those events let you terminate and what fees or damages might still apply.
The TSYS v01.0325 agreement is one example, not a general market standard: it states a three-year initial term that automatically renews for one-year terms unless either party gives notice at least 90 days before the current term expires. It also addresses early termination damages. Check your own agreement for its dates, mechanics, and consequences. The TSYS agreement sets out those example terms.
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Maryland rules are limited to covered businesses and agreements
Maryland’s Office of Financial Regulation says that, effective October 1, 2019, covered processors may not charge a covered business more than $500 for cancellation before the initial term expires, and may not charge a cancellation fee after that term unless the parties enter a separate renewal agreement. Covered agreements must be provided at signing and disclose cancellation charges, expiration and renewal dates, and customer-service contact information.
The stated protections apply to businesses with fewer than 50 employees or under $2 million in annual credit-card or e-commerce transactions. The page excludes agreements entered into or renewed before the effective date. These are Maryland-specific provisions, not protections to assume apply elsewhere. Check the Maryland Office of Financial Regulation’s scope and details.
4. When will funds reach my account, and when can they be held?
Settlement terms affect working capital. Ask when ordinary deposits arrive and how weekends, holidays, rejected deposits, or delayed transactions are handled. Then read the provisions that let the processor withhold proceeds or establish a reserve.
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Clarify holds and reserves
- What specific events trigger a hold or reserve, and who decides whether the trigger has occurred?
- How is the amount calculated? Is there a minimum or maximum, and can funds be withheld from daily settlements?
- What documentation can the processor request, and how can you dispute a hold?
- When and how are withheld funds released, including after the agreement ends?
The TSYS agreement example permits withholding transaction proceeds or establishing a reserve to recover amounts owed and includes reserve language connected to unresolved chargeback and liability risk. The exact triggers and release conditions must be read in the agreement you are considering; this example does not establish a universal reserve formula. Review the TSYS agreement example.
The FDIC’s payment-processor-relationships guidance discusses reserves in agreements as a way financial institutions can cover anticipated chargebacks. It is bank-supervision guidance, not a standard formula or requirement that determines every merchant’s reserve. See the FDIC guidance.
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Ask how the agreement allocates the work, costs, and risks involved in running payment acceptance. These topics can affect both day-to-day operations and whether the processor continues to provide service.
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Chargebacks and retrieval requests
- Who handles notifications, what response deadlines apply, and what evidence must you submit?
- What tools or systems are available to manage disputes, and are they included or separately charged?
- Who pays chargeback and retrieval fees? What dispute levels can trigger added scrutiny, reserves, or termination?
- Can the processor terminate for a chargeback ratio it considers excessive? If so, is the trigger objectively defined, and will you receive notice or a chance to address the issue?
The TSYS v01.0325 agreement lists a chargeback ratio deemed excessive by the processor among possible termination triggers, alongside other specified conditions. This is a contract example, not a threshold shared by all providers. Ask for objective criteria and operational notice where negotiable. Read the agreement’s termination language.
Security, equipment, and support
- Which security tasks belong to you, and which belong to the processor or another service provider?
- Who supplies and owns terminals or other hardware? Who pays for repairs, replacement, and updates?
- Which software and integrations are included, and what ongoing charges or compatibility limits apply?
- How do you reach support during an outage, and what response or escalation process is provided?
Mastercard publishes merchant-facing rules, transaction-processing rules, security materials, and chargeback resources, and cautions that rules and standards change over time. Ask which current network and security requirements apply to your business, where your agreement assigns those duties, and how updates will be communicated. Consult Mastercard’s merchant rules and compliance resources.
Customer surcharges and convenience fees
If you plan to pass a fee to customers, verify current local law, network rules, and your acquirer’s written instructions before doing so. Visa says surcharges are generally prohibited unless applicable law permits them; in the United States, it describes credit-card surcharging as permitted in most states subject to Visa requirements. It treats convenience fees separately and limits them to certain countries and circumstances. Visa directs merchants to their acceptance agreement for additional requirements. Review Visa’s rules and policies and confirm the requirements that apply to your business with your acquirer.
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How to compare proposals fairly
Use the same business assumptions for every proposal and compare more than the quoted rate. Request written answers and record the contract section that supports each answer.
| Compare | What to write down |
|---|---|
| Total expected cost | Fees under your expected volume, card mix, average ticket, and sales channels; distinguish included services, add-ons, and conditional charges. |
| Price-change exposure | Which charges can change, how much notice is required, how notice arrives, and whether a change creates an exit right. |
| Duration and exit | Initial term, renewal length, nonrenewal deadline and method, termination charges, and separate equipment or software commitments. |
| Access to funds | Expected settlement timing, hold triggers, reserve calculation, dispute process, and release timing. |
| Disputes and termination | Who handles chargebacks, related fees and deadlines, applicable thresholds, and the processor’s termination triggers. |
| Operations | Equipment ownership and support, integrations, security responsibilities, and outage support arrangements. |
Do not treat a verbal assurance as a contract term. If a feature, price, service level, or exception matters to your decision, ask for it in the signed agreement or an incorporated written document. Keep the complete agreement and every referenced schedule or policy together so you can check what governs when questions arise.
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