NOT our problem

With a recent complaint to STD Bank regarding the shift of Credit Card Commission / Surcharge fees to a client, This was their response "Hi, this please note that this is an issue between yourself and your merchant. If you are not getting assistance you would need to report this to the relevant authorities. Hi, you need to read the terms and conditions of your merchants before doing business with them. This will help you understand the implications of the agreement you are entering in to." yet according to numerous Articles, this is NOT allowed "Christo Reynecke, the general manager of Absa Card Merchant Services, has warned that Absa will take action against service providers if its clients complain that service providers are passing the cost of the merchant's fee on to them. This action could result in the bank preventing the service provider from using its credit card payment facility.

Passing the merchant's fee on to the credit card user is prohibited in terms of the rules of use of the international payment organisations MasterCard and Visa, Reynecke says.""https://www.iol.co.za/personal-finance/city-defends-passing-on-costs-of-credit-card-payments-995230" "Ombudsman for Banking Services Clive Pillay said banks charge retailers a fee of three to five percent for the card facility, but they are not allowed to pass the cost on to consumers. “All merchant agreements in SA say unequivocally that a merchant is prohibited from adding a fee or a surcharge and if he or she did so it could constitute a breach of the agreement and the bank could take back the [credit card] machine,” Pillay said.

He added that agreements stipulate that goods or services are supp**** “at the merchant’s normal cash price and that the price includes no additional charges or elements of credit”." "Stephen Higgins, spokesperson for FNB, which provides the card facility to the salon, confirmed that its agreements with retailers stipulated “the price of any goods or services must be the same for cash and cards”.“FNB will take steps against merchants who act outside the agreement." "Pillay advised Pedlar to complain to the National Consumer Commission in terms of the Consumer Protection Act, which states in section 23 (6) (b) that “a supplier must not require a consumer to pay a price for any goods or services if more than one price is concurrently displayed, higher than the lower or lowest of the prices so displayed”.

Payment Association of South Africa CEO Walter Volker said the rules governing card payments were that no surcharges were allowed." "https://www.news24.com/Archives/Witness/May-vendors-charge-more-for-credit-card-payments-than-for-cash- ********** 0" YET bid or buy has the following clauses in their agreement. "2.3. You acknowledge the nature of bobPay and accordingly agree that the operation of bobPay is known to you and you accept that it is suitable for the purpose it is intended to be used and further to this you acknowledge that: 2.3.1. bidorbuy is not a bank and the Service is a payment processing service rather than a banking service; and 2.3.2. bidorbuy is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as a custodian; 2.3.3. accepting bobPay credit card payments, there is a flat payment processing fee of 5% payable on all payments conducted through bobPay (fees are non-refundable); 2.3.4. accepting Discovery Miles payments, there is a flat payment processing fee of 5% payable on all payments conducted through bidorbuy (fees are non-refundable); 2.3.5. accepting Bitcoin payments, there is a flat payment processing fee of 2.28% payable on all payments conducted through bidorbuy (fees are non-refundable); 2.3.6. accepting mobicred payments incurs a flat payment processing fee of 3.42% payable on all payments conducted through bidorbuy (fees are non-refundable); 2.3.7. accepting Snapscan payments incurs a flat payment processing fee of 3.5% payable on all payments conducted through bidorbuy (fees are non-refundable); 2.3.8. accepting SCode payments incurs a flat payment processing fee of 3.99% payable on all payments conducted through bidorbuy (fees are non-refundable); 12. No Surcharges 12.1. Under Visa, MasterCard, Diners and American Express regulations, merchants may not charge a fee to the Buyer for accepting credit card payments (often called a "surcharge"). 12.2. You agree that you will not impose a surcharge or any other fee for accepting bobPay payment method which may include but is not limited to, Credit Card, bobPay EFT or Discovery Miles, mobicred and Snapscan."

Yet a contract that breaks the law of the country should be declared null and void. So what does one do now? Nedbank, Absa and FNB are actively investigating the matter. So what makes Std Bank so special?