merchant-agreement

10.5. We will also debit your nominated account with the amount of all valid and
acceptable refund transactions and chargebacks in the agreed currency or dollars
as applicable.
10.6. Each month we will make available details of the amount of all transactions
processed in the previous month. You must raise any query within 3 months of the
date of payment or the due date for payment. We may charge an investigation fee.
10.7. If you process a transaction, including a refund or chargeback in a foreign currency,
other than one in respect of which we have an agreement with you, we will process
it in dollars at a conversion rate determined by us.
10.8. You represent and warrant to us that your nominated account is and will continue
to be used primarily for business purposes.
Nominated accounts subject to fi xed balance security
10.9. We may at any time in our absolute discretion decide that a nominated account
is subject to or no longer subject to a minimum non-withdrawable balance
(fi xed balance) and the amount of that fi xed balance. The fi xed balance may
represent the whole or any part of the funds in your nominated account.
10.10. A decision made under clause 10.9 will take immediate effect without notice to you.
You will be notifi ed in writing of our decision as soon as practicable after it being
made.
10.11. Once a fi xed balance has been imposed you cannot, without our written consent,
substitute another account for the nominated account.
10.12. Once we have an imposed a fi xed limit on your nominated account you will be unable
to withdraw funds other than any amounts which exceed that balance until we notify
you in writing that we have determined that the fi xed balance no longer applies.
10.13. We may reset the fi xed balance by increasing or decreasing it at any time as many
times as we determine to be necessary.
10.14. Without limiting our discretion in any respect, the amount of the fi xed balance from
time to time may be determined having regard to the following:
(a) the volume or value of transactions processed; and
(b) the nature of your business or of the industry in which your business operates
including rates of chargebacks typical of that industry; and
(c) your history of chargebacks, refunds and other transactions including disputed
transactions; and
(d) the future dated risk (payment received some time before goods or services
delivered), associated with the goods and services you provide; and
(e) the imposition of or potential for imposition of fi nes levied on us by card schemes
because of your conduct or omission and the amount of those fi nes; and
49