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20. Variation<br />

20.1. Except where expressly provided otherwise in this <strong>agreement</strong>, we may vary a<br />

condition of this <strong>agreement</strong> or any <strong>merchant</strong> services guide or manual provided by<br />

us to you for the purposes of this <strong>agreement</strong> or any schedule, the supplementary<br />

conditions or annexure to this <strong>agreement</strong> at any time, by giving you notice.<br />

20.2. How NAB may notify you of changes<br />

Type of change Method of notifi cation Time frame<br />

Introduction of a fee<br />

or charge<br />

Changes to fees and<br />

charges<br />

Changes to interest<br />

rates<br />

Changes to government<br />

fees and charges<br />

Any other changes<br />

to the terms and<br />

conditions<br />

In writing or electronically At least 30 days before the change<br />

takes effect<br />

In writing, electronically or<br />

by media advertisement<br />

In writing, electronically or<br />

by media advertisement<br />

In writing, electronically or<br />

by media advertisement<br />

At least 30 days before the change<br />

takes effect<br />

No later than the day the change<br />

takes effect, except where the<br />

interest rate is not set by NAB (such<br />

as a money market rate) in which<br />

case notice will be given in writing<br />

or by media advertisement within<br />

a reasonable period of the change<br />

being made, unless another entity<br />

has publicised the change<br />

As soon as practicable after, but<br />

not later than 3 months after, the<br />

change takes effect<br />

In writing or electronically No later than the day the change<br />

takes effect or as required under<br />

applicable laws and industry codes<br />

20.3. You or we may only waive a right created by this <strong>agreement</strong> by giving the other<br />

notice in writing.<br />

21. Representations and warranties<br />

21.1. You represent and warrant to us that:<br />

(a) in having received and receiving the <strong>merchant</strong> services, you have not been and will<br />

not be in breach of any relevant law or any obligation owed to any person; and<br />

(b) information about your transactions which you transmit to us or arrange to be<br />

transmitted to us has been obtained and is provided in accordance with the terms<br />

of this <strong>agreement</strong>; and<br />

(c) where applicable, you are duly authorised to enter into this <strong>agreement</strong> and the<br />

obligations under this <strong>agreement</strong> are valid, binding and enforceable in accordance<br />

with its terms; and<br />

61

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