merchant-agreement

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(d) if you are an incorporated body, you validly exist under the laws of your place of
incorporation and have the power and authority to carry on your business as that
business is now being conducted and using any name under which that business is
being conducted; and
(e) if you, a related body corporate or any offi cer, employee or agent of you or a related
body corporate has at any time been listed on a database of terminated merchants
maintained by any card scheme or have otherwise had merchant services terminated
by another acquiring bank, you have disclosed that fact to us.
21.2. The representations and warranties set out in this clause 21 will be deemed to be
repeated each day after the date you enter into this agreement.
21.3. If you have entered this agreement in your capacity as a trustee of any trust you
confi rm the following in relation to that trust:
(a) the trust is validly formed and relevant documents comply with the relevant law; and
(b) any copy of the trust document you have given us is a true and complete copy and
discloses everything about the trust; and
(c) you are and will remain properly appointed as the only trustee of the trust; and
(d) there is currently no breach of the terms of the trust; and
(e) you have and will do nothing to put at risk a full right of indemnity from the trust
assets in respect of liability that has arisen or might arise under this agreement; and
(f) this agreement and the transactions entered into under it are for proper trust
purposes; and
(g) you have done everything required under the trust document to enter into this
agreement and the transactions it contemplates; and
(h) none of the trust assets has or will be resettled or set aside; and
(i) the trust has not terminated nor has any event for the vesting of the assets occurred.
22. Term, termination and suspension
22.1. Unless otherwise stated in the letter of offer or terminated earlier, this agreement
is for an initial term of 3 years from the date that it becomes binding on the parties
after which either party may terminate this agreement at time upon 30 days’ written
notice to the other party.
22.2. You must stop accepting a nominated card immediately if:
(a) we give you notice to do so; or
(b) this agreement terminates.