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merchant-agreement

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54<br />

14.9. If you neglect, misuse, lose or damage our equipment you must pay us the full cost<br />

of any necessary repairs or replacements. We may choose whether equipment should<br />

be repaired or replaced. We may reasonably determine the replacement value.<br />

14.10. You must not allow any person except our employees, contractors or agents to<br />

service or repair any equipment we own.<br />

14.11. We must maintain equipment we own at our own expense in all other circumstances<br />

of normal use.<br />

Ownership of equipment<br />

14.12. Equipment we own always remains our property even if it is attached to any other<br />

property. If the equipment is attached to any other property, at our request you<br />

must obtain from the owner of that property an acknowledgment that we own the<br />

equipment and that the owner has no interest in it.<br />

14.13. You must not part with possession or control of equipment we own unless we ask<br />

you to.<br />

Insurance of equipment<br />

14.14. The insurance policy on your premises must:<br />

(a) cover equipment we own for its maximum insurable value; and<br />

(b) have our interest noted on the policy.<br />

Breakdown, malfunction and theft of equipment<br />

14.15. You must tell us immediately when you become aware that any part of the <strong>merchant</strong><br />

services is not operating normally or fully, whether we are, or someone else is,<br />

responsible for its operation. This could include the breakdown or malfunction of<br />

equipment or a telephone or communication line or web site. If we are responsible<br />

for the operation of that part of the <strong>merchant</strong> services, we must repair it as quickly<br />

as possible.<br />

14.16. You must not, by any act or omission, cause a situation where equipment cannot<br />

operate normally unless we suspect fraudulent activity.<br />

14.17. You must tell us immediately if any equipment is stolen, damaged or otherwise<br />

interfered with, whether we are, or someone else is, responsible for its operation.<br />

14.18. You are responsible for any losses arising from the fraudulent use of the equipment<br />

regardless of who owns the equipment.<br />

Software<br />

14.19. You must comply with any additional terms and conditions we prescribe from time<br />

to time in relation to software that we supply to you.

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