merchant-agreement
merchant-agreement
merchant-agreement
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22.3. We may suspend or terminate or suspend then terminate this <strong>agreement</strong> in whole<br />
or part at any time upon notice to you if:<br />
(a) you are in breach of your obligations under or arising out of this <strong>agreement</strong>; or<br />
(b) you are engaged in activity which exposes us or has exposed us to potential fi nes<br />
or penalties imposed under relevant law; or<br />
(c) you have in our reasonable opinion engaged in or are engaging in dishonest activity<br />
in connection with the <strong>merchant</strong> services; or<br />
(d) we suspect that your equipment is being targeted by persons engaged in fraudulent<br />
or dishonest activity whether with or without your knowledge; or<br />
(e) your <strong>merchant</strong> services are the subject of a direction made under relevant law that<br />
your <strong>merchant</strong> services be suspended or terminated; or<br />
(f) you have experienced an adverse change in fi nancial circumstances; or<br />
(g) we have concerns about your solvency or if you come insolvent or are subject to any<br />
form of insolvency administration or a resolution is passed or an order is made for<br />
winding up; or<br />
(h) you have a signifi cant adverse credit event recorded against you; or<br />
(i) you or any service provider that you use in connection with your <strong>merchant</strong> services<br />
has suffered a data breach; or<br />
(j) you are in breach of any other <strong>agreement</strong> that you have with us; or<br />
(k) you do not process any transactions for a continuous period of 6 months; or<br />
(l) for any other reason, in our reasonable opinion continuing to provide you with the<br />
<strong>merchant</strong> services would put us at risk.<br />
The notice does not have to state a reason. The period of notice given will be determined by<br />
the risk that continuing to provide <strong>merchant</strong> services to you presents to us (and termination<br />
may be made effective immediately) but will, in any event, be no longer than 30 days. If we<br />
are unsuccessful in contacting you, we can still choose to terminate the facility, however,<br />
we will give you subsequent written confi rmation that the facility has been terminated.<br />
22.4. Where required by card schemes, you authorise us to disclose to any card<br />
scheme advice of termination of the <strong>merchant</strong> <strong>agreement</strong> and the reasons for the<br />
termination. You acknowledge that the information concerning termination of the<br />
<strong>merchant</strong> <strong>agreement</strong> then becomes available to any member of the card schemes.<br />
This information may be used in assessing subsequent applications for <strong>merchant</strong><br />
facilities.<br />
22.5. The ending (including by expiration of the term of this <strong>agreement</strong> or by termination<br />
by us) or suspension of this <strong>agreement</strong> or any part of it, does not affect any of your<br />
or our rights and obligations which arose before it ended or was suspended.<br />
This includes our right to chargeback transactions and our right to recover accrued<br />
fees, charges and costs.<br />
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