merchant-agreement

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(e) we are entitled to assume that each batch payments fi le that has been sent from your
computer system has been sent by you or with your authority and we are not obliged
to and will not check if the batch fi le has been sent by you or with your authority.
Virtual terminal service
15.4. If you use or intend to use the virtual terminal service to obtain online authorisation
of MOTO transactions, you acknowledge and agree that:
(a) the virtual terminal service can only be used if you are a NAB Transact Service
customer and have been issued with a logon id as part of that Service; and
(b) if the virtual terminal service is unavailable for any reason whatsoever, you must
obtain authorisation of transactions by using another means permitted by us as set
out in the User Guide; and
(c) you are responsible for obtaining all the information we tell you must be obtained
from your cardholders in order to obtain authorisation of transactions using the
virtual terminal service.
16. Intellectual property
Ownership of intellectual property
16.1. Subject to the remainder of this clause, you acknowledge that all intellectual property
rights subsisting in the materials provided by us or developed by or for us in relation
to this agreement, vests in us and is our property including:
(a) cardholder detail lists (whether personalised or not) and the promotional material
we supply you; and
(b) any trade mark, business name, trading style or get up; and
(c) any computer program; and
(d) any report, fi le, script, inventory, database, record or information required to be
created, maintained or provided by you pursuant to, this agreement.
16.2. At our reasonable request, you undertake to swear all oaths, make all declarations,
execute all documents and do all other things necessary to vest in us any intellectual
property rights in which we have right, title and interest.
16.3. Without limiting the generality of the remainder of this agreement, you must not,
without our consent:
(a) use or alter our trade marks, business names, trading styles or get ups whether as
part of your corporate or business name or on or in relation to any goods or services;
or
(b) reproduce or modify any of our computer programs; or
(c) merge any report, fi le, script, inventory, database, record or information referred to
in clause 16.1(d) in or with any other information that is held by you and that is not
obtained or generated by you.