Merchants. The obligation of Merchants to consummate the Merger is subject to the satisfaction and fulfillment of each of the following conditions on or prior to the Effective Time, unless waived in writing by Merchants:
Merchants. EFS does not guarantee any Merchant’s timely application of payment when Customer uses any of the Services at such Merchant’s facilities, and EFS will not be liable for any late payment fees assessed or any disrupted services between such Merchant and Customer that may result in the event a Merchant fails to timely apply any amounts received from EFS to Customer’s account.
Merchants. Service Channel is a channel, in Maksekeskus’s environment, meant for the Merchant, where the Merchant can execute the procedures enabled by Maksekeskus; Xxxxxxxx`s Representative Is Xxxxxxxx`s Contact Person, beneficial owner, member of managerial body, representative or other person whose Personal Data the Merchant has submitted to Maksekeskus and who is not a Payer; Credit Card is a Visa, MasterCard or Maestro debit or credit card; Confidential Information is the information specified in clause 9 of the Agreement; Contact Person is the person designated by the Party in the Agreement, who has the rights and responsibilities specified in the Agreement; Agreement is the agreement on the provision of Service along with the General Terms and Conditions and annexes both existing and to be entered into in the future; Additional Services are supplementary services provided to the Merchant by Maksekeskus in addition to the Main Service. List and conditions of the Additional Services is provided on the Website of Maksekeskus; Payment Environment is Maksekeskus’s online environment at xxxxx://xxxxxxx.xxxxxxxxxxx.xx; Maksekeskus is the person specified in clause 1.1.1 of the Agreement; Website of Maksekeskus Is website of Maksekeskus available at xxx.xxxxxxxxxxx.xx; Payment Method is a payment method in the Payment Environment by and via which the Payer can pay the Transaction Amount; Payer is a natural or legal person who pays the Transaction Amount; Xxxxx’s Bank Account is the account from which the Payer has paid the Transaction Amount; Personal Data Are personal data of the Payer and/or Merchant`s Representative; GDPR Is General Data Protection Regulation, (EU) 2016/679. Bank Link is, in the case of bank link payments, the text and/or graphic symbols used by banks by and via which the Payer is directed to the Payer’s bank account; Banking Day is a calendar day, which is not a Saturday, Sunday or public or national holiday established by the laws of the Republic of Estonia or another calendar day on which banks are closed for settlement; Party is Maksekeskus and/or Merchant separately; Parties is Maksekeskus and Merchant jointly; Main Service is a service provided by Maksekeskus to the Merchant, in accordance to which the Merchant authorises Maksekeskus to accept the Transaction Amount that Maksekeskus forwards to the Merchant on its behalf, pursuant to the terms and conditions agreed on in the Agreement. The content of the Service is described in detail in 5; P...
Merchants. If you are participating in the Talkable Programs, we will also share your Personal Data with the Merchant (as that term is defined in the applicable Talkable Program’s Terms of Service) in order to provide the functionality of the Services (as that term is defined in the Talkable Referral Program Terms of Service). The Merchant may contact you in relation to Xxxxxxxx’s own goods and/or services, or for their own marketing and promotional purposes. In certain cases, we may also share behavioral information, including how you interact with the Services (as defined in the applicable Talkable Program’s Terms of Service). While this behavioral information may not personally identify you on its own, this information may be combined with other Personal Data, either by us or the Merchant.
Merchants. You agree that we may change or increase the Interest charges, fees, and other charges, and their rates and calculation from time to time. We will notify you of any changes on Interest charges, fees, and other charges before these take effect. In case your Card is not accepted by any merchant, bank, financial institution, or person for any reason, we will not be liable for any loss, inconvenience, or expense that you may experience, unless the non-acceptance is due to our gross negligence or willful default. We are not responsible for any defective product or service purchased using your Card. Any complaint on the product or services should be referred directly to the merchant and will not affect your obligation to pay the Total Amount Due and any remaining unpaid installments on your Card. SUPPLEMENTARY CARDS At your request, we may issue up to seven (7) Supplementary Cards on your Card account. Charges using Supplementary Cards will be reflected in your SOA. Should you request to cancel any Supplementary Card, you agree to pay for all outstanding obligations under the Supplementary Card, including Citi Cash Advances, and all charges, Interest charges, and non-refundable fees, even after the request for cancellation. You will be responsible for ensuring that the said Supplementary Card has been properly disposed of to ensure that it can no longer be used. Your Relationship Limit (“RL”) is the maximum amount that you can spend on all of your Cards. Your Relationship Balance is the sum of the outstanding balances (including unbilled principal of any outstanding Installment Transactions) on all your Cards. On the other hand, the Account Credit Limit is the maximum amount that you can spend on the assigned Card. You may identify spend limits for your Supplementary Cards (”Spend Limit”). Each Supplementary Card’s Spend Limit is part of your Card’s (“Principal Card”) RL or Account Credit Limit and will remain fixed until you give us instructions to change. Even if the Supplementary Cardholder’s Card Transactions from the previous months are not paid in full, the same Spend Limit per card will apply every month, provided that there is still available RL or Account Credit Limit. If the assigned Spend Limit is greater than your RL or Account Credit Limit, or if no Spend Limit has been assigned, the Supplementary Card’s Spend Limit will be automatically set to the RL or Account Credit Limit of your Principal Card. We may increase or decrease your RL or Account Cred...
Merchants. Xxxxxx Furniture Corporation 0000 Xxxx Xxxxxx Xxxxx Xxxxxx Furniture Company of the Xxx Xxxxx, XX 00000 Midwest, Inc. Xxxxxx Furniture Company of the Pacific, Inc. Xxxxxx Furniture Company of Washington, Inc. 0000 Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxx, XX 00000-0000 Facsimile Nos. (000) 000-0000 (000) 000-0000 This Merchant Agreement ("AGREEMENT") is made and entered into as of the 4th day of September, 1998, by and between Household Bank (SB), N.A. (herein "HOUSEHOLD") and Xxxxxx Furniture Corporation, a Florida corporation (herein "PARENT"), its operating subsidiaries, Xxxxxx Furniture Company of the Midwest, Inc., a Colorado corporation, Xxxxxx Furniture Company of the Pacific, Inc., a California corporation, and Xxxxxx Furniture Company of Washington, Inc., a Washington corporation (collectively, the "OPERATING SUBSIDIARIES" and, together with Parent, "MERCHANTS"), but shall be effective only as of the date (the "Effective Date") on which the U.S. Bankruptcy Court for the District of Delaware in the matter of IN RE: XXXXXX (Case Nos. 97-1842-97-1853) (the "Chapter 11 Case") has entered an order, in substantially the form attached hereto as Exhibit A (or otherwise acceptable to Household in its sole discretion), approving and authorizing Merchants to enter into and perform this Agreement (the "Approval Order") and, unless otherwise agreed by Household, such Approval Order has become final and nonappealable. In consideration of the mutual promises, covenants, and agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Merchants, jointly and severally, and Household agree as follows:
Merchants. 6.1. When you make a purchase at any merchant, we (through Mercantile) will, on your behalf, pay that merchant the amount owing to the merchant in terms of such a transaction.
6.2. In terms of s5(2)(d) of the Consumer Protection Act, as amended, the rights afforded to you by the Consumer Protection Act do not apply to credit agreements, however, they do apply to the goods purchased and/or services obtained in terms of that credit agreement. Therefore, a dispute that you have about the goods and/or services (including but not limited to the return of goods) must be resolved directly with the merchant.
6.3. If you have a dispute with a merchant, that dispute will not entitle you to–
6.3.1. instruct us or Mercantile to refuse to pay the merchant for goods purchased or services obtained by you on your card; or
6.3.2. refuse to pay us for payments already made to the merchant, irrespective of whether such payment was made in respect of the goods that are the subject-matter of a dispute, or
6.3.3. instruct us or Mercantile to reverse a payment already made to the merchant.
6.4. We or Mercantile will not be liable to you if any merchant refuses to accept your card as payment for any goods purchased or services obtained with your card. You will not have the right to claim anything from us or Mercantile, or to institute any counterclaim against us or Mercantile, or to apply set-off against us on this basis or any other basis whatsoever.
6.5. Any refund by a merchant to you that is not processed on your card must be paid to us or Mercantile so that we can credit your account.
6.6. When we receive a credit voucher issued by a merchant for goods purchased or services obtained by you with your card, we or Mercantile will credit your account with the amount of the credit voucher.
6.7. If you receive a refund directly from a merchant for any goods purchased or services obtained from such merchant on your account, you will remain liable for any fees and costs that we are entitled to charge or have charged to your account in terms of this agreement.
6.8. Subject to clause 4.6, if you use your card outside of the Republic of South Africa, Namibia, Lesotho, Botswana and Swaziland, you must acquaint yourself with and comply in all applicable respects with the exchange control regulations. Transactions conducted in currencies other than South African Rand will be converted at the applicable exchange rate and shown on your statement in South African Rand.
Merchants. You hereby agree that You are not entitled to, nor will You charge any fees to third party customers for Transactions using the Relay System. You also agree to fund an account (Your Relay Account) in the amount of zero dollars to facilitate the processing of Transactions.
a) Your Relay Account shall be used and accessed only by You, or by an individual authorized by You to access Your Relay Account as identified on Your applicable MSA (Your “Administrator”).
b) Your Relay Account may be used by Relay to offset any fees or other obligations to Relay that Relay is unable to collect from You that are owed pursuant to these Terms and Conditions and that have been collected pursuant to these Terms and Conditions as payments for goods and services.
c) Your Relay Account may be funded through any or all of the following: (a) ACH payment; (b) Wire payment (c) a percentage of the Transactions processed on Your behalf. You hereby agree to and provide instruction to said financial institutions to honor requests made by Relay pursuant to these Terms and Conditions.
d) If You do not have active Transactions through your Relay Account for an extended period of time, Relay may be required to deem the funds “unclaimed” or “abandoned” under applicable Rules, Regulations, or Laws. Relay shall provide You with notice as is required by law and instructions for how to redeem such unclaimed funds and how to transfer them to an account of Your choice. However, if funds remain in Your Relay Account after such notice for an extended period, Relay shall be permitted to escheat such funds as required by law.
e) Your Relay Account funds shall be held by Relay for a minimum of ninety (90) calendar days beyond the date of the last item processed by Relay on Your behalf. Relay may extend the hold on Your Account up to ninety (90) additional days from the last Transaction or the maximum time allowed by law, whichever is shorter. Any funds remaining in Your Relay Account will then be returned to You less any fees and/or any other amounts owed to Relay or escheated pursuant to State and Federal laws.
Merchants. If a Merchant wishes to procure the Gateway Services from Licensee, and it is not a Prohibited Merchant, then Licensee shall enter into a Gateway Services and License Agreement with the Merchant. Licensor retains the right to request and Licensee shall provide any and all information it deems reasonably necessary concerning a Merchant prior to providing the Gateway Services in respect of the Merchant or subsequently during the Gateway Services and License Agreement. Licensor shall not be a party to any Gateway Services and License Agreement. Licensee represents that all information that it submits to Licensor shall be complete, truthful and accurate. Licensee shall not solicit potential Merchants that (a) are already procuring services from Licensor directly or from another Licensee; or (b) are Prohibited Merchants.
Merchants. Company does not guarantee any Merchant’s timely application of payment when Customer uses any of the Services at such Merchant’s facilities, and Company will not be liable for any late payment fees assessed or any disrupted services between such Merchant and Customer that may result in the event a Merchant fails to timely apply any amounts received from Company to Customer’s account.
