Common use of PAYMENTS AND DISCOUNTS Clause in Contracts

PAYMENTS AND DISCOUNTS. 11.1. Subject to the other provisions of this Agreement, the Company shall pay the Merchant the Transaction amount (less the Merchant Services Fee) for each Transaction accepted by the Company in accordance with clause 11.2 11.2. Payment by the Company to the Merchant may be made by direct credit to Merchants’ designated bank account, through BNZ Bank, or other agreed solution in writing. All the related banking charges incurred by the Company in effecting the payment will be borne by the Merchant, which is specified in the Merchant Facilities Agreement. 11.3. Payment by the Company shall be without prejudice to any claim or right which the Company may have against the Merchant and shall not constitute any admission or waiver by the Company as to the performance by the Merchant of its obligations under this Agreement or the amount payable to the Merchant, nor shall it in any manner prejudice AttractPay’s rights interest and benefits pursuant to this Agreement or otherwise. 11.4. At any time and from time to time the Company shall be entitled to set off against and deduct from the Merchant’s designated bank Account and/or any account which the Merchant held with the Company or any payment due to the Merchant with: 11.4.1. Any overpayment made by the Company to the Merchant owing to whatever reason; 11.4.2. Any other sum due from or payable by the Merchant to the Company pursuant to this Agreement or otherwise; 11.4.3. Any amount which the Company was not obliged to pay; 11.4.4. Any cancellation of the Third-Party Payment Providers’ Transaction that is initiated by any Third-Party Payment Providers’ User; and 11.4.5. Any amount to be reimbursed to the Company by the Merchant for whatever reason. 11.5. In addition and without prejudice to any other right and remedy available to AttractPay, the Company shall have the absolute right at any time without notice to refuse payment of any Transaction presented to the Company by the Merchant or, if payment has been made, to be reimbursed by the Merchant immediately with the amount paid on such Transaction if the Company notifies the Merchant of the occurrence of any of the following: 11.5.1. Dishonesty or fraud by the Merchant or its officers or employees is suspected, on reasonable grounds, in relation to such Transaction; 11.5.2. Any aspect of the relevant Transaction was made or conducted in breach or contravention of any of the provisions in this Agreement; 11.5.3. The Third Party Payment Providers User denies liability (in whole or in part) for the Transaction and after investigation of the Transaction by AttractPay, and any other detail setting out the circumstances surrounding the transaction, the Third Party Payment Providers User’s claim is accepted by the Company as valid; or 11.5.4. It is illegal for the Company to allow payment for the Transaction provided that the Company has notified the Merchant as soon as practicable that any such transaction as the Transaction is illegal for the Company to process. 11.6. The Merchant Services Fee specified in the Merchant Facilities Agreement may be varied with immediate effect from time to time by the Company upon giving 7 days written notice to the Merchant subject to clause 21 herein. 11.7. All payments by the Company in respect of a Transaction shall be made in NZD. 12.

PAYMENTS AND DISCOUNTS. 11.1. Subject to the other provisions of this Agreement, the Company shall pay the Merchant the Transaction amount (less the Merchant Services Fee) for each Transaction accepted by the Company in accordance with clause 11.2 11.2. 11.2 Payment by the Company to the Merchant may be made by direct credit to Merchants’ designated bank account, through BNZ Bank, or other agreed solution in writing. All the related banking charges incurred by the Company in effecting the payment will be borne by the Merchant, which is specified in the Merchant Facilities Agreement. 11.3. Payment by the Company shall be without prejudice to any claim or right which the Company may have against the Merchant and shall not constitute any admission or waiver by the Company as to the performance by the Merchant of its obligations under this Agreement or the amount payable to the Merchant, nor shall it in any manner prejudice AttractPay’s ePayments’ rights interest and benefits pursuant to this Agreement or otherwise. 11.4. At any time and from time to time the Company shall be entitled to set off against and deduct from the Merchant’s designated bank Account and/or any account which the Merchant held with the Company or any payment due to the Merchant with: 11.4.1. : Any overpayment made by the Company to the Merchant owing to whatever reason; 11.4.2. ; Any other sum due from or payable by the Merchant to the Company pursuant to this Agreement or otherwise; 11.4.3. ; Any amount which the Company was not obliged to pay; 11.4.4. ; Any cancellation of the Third-Party Payment Providers’ Transaction that is initiated by any Third-Third Party Payment Providers’ User; and 11.4.5. and Any amount to be reimbursed to the Company by the Merchant for whatever reason. 11.5. In addition and without prejudice to any other right and remedy available to AttractPayePayments, the Company shall have the absolute right at any time without notice to refuse payment of any Transaction presented to the Company by the Merchant or, if payment has been made, to be reimbursed by the Merchant immediately with the amount paid on such Transaction if the Company notifies the Merchant of the occurrence of any of the following: 11.5.1. : Dishonesty or fraud by the Merchant or its officers or employees is suspected, on reasonable grounds, in relation to such Transaction; 11.5.2. ; Any aspect of the relevant Transaction was made or conducted in breach or contravention of any of the provisions in this Agreement; 11.5.3. ; The Third Party Payment Providers User denies liability (in whole or in part) for the Transaction and after investigation of the Transaction by AttractPayePayments, and any other detail setting out the circumstances surrounding the transaction, the Third Party Payment Providers User’s claim is accepted by the Company as valid; or 11.5.4. or It is illegal for the Company to allow payment for the Transaction provided that the Company has notified the Merchant as soon as practicable that any such transaction as the Transaction is illegal for the Company to process. 11.6. The Merchant Services Fee specified in the Merchant Facilities Agreement may be varied with immediate effect from time to time by the Company upon giving 7 days written notice to the Merchant subject to clause 21 herein. 11.7. All payments by the Company in respect of a Transaction shall be made in NZD. 12.

PAYMENTS AND DISCOUNTS. 11.1. Subject to the other provisions of this Agreement, the Company shall pay the Merchant the Transaction amount (less the Merchant Services Fee) for each Transaction accepted by the Company in accordance with clause 11.2 11.2. 11.2 Payment by the Company to the Merchant may be made by direct credit to Merchants’ designated bank account, through BNZ Bank, or other agreed solution in writing. All the related banking charges incurred by the Company in effecting the payment will be borne by the Merchant, which is specified in the Merchant Facilities Agreement. 11.3. Payment by the Company shall be without prejudice to any claim or right which the Company may have against the Merchant and shall not constitute any admission or waiver by the Company as to the performance by the Merchant of its obligations under this Agreement or the amount payable to the Merchant, nor shall it in any manner prejudice AttractPay’s ePayments’ rights interest and benefits pursuant to this Agreement or otherwise. 11.4. At any time and from time to time the Company shall be entitled to set off against and deduct from the Merchant’s designated bank Account and/or any account which the Merchant held with the Company or any payment due to the Merchant with: 11.4.1. : Any overpayment made by the Company to the Merchant owing to whatever reason; 11.4.2. ; Any other sum due from or payable by the Merchant to the Company pursuant to this Agreement or otherwise; 11.4.3. ; Any amount which the Company was not obliged to pay; 11.4.4. ; Any cancellation of the Third-Party Payment Providers’ Transaction that is initiated by any Third-Third Party Payment Providers’ User; and 11.4.5. and Any amount to be reimbursed to the Company by the Merchant for whatever reason. 11.5. In addition and without prejudice to any other right and remedy available to AttractPayePayments, the Company shall have the absolute right at any time without notice to refuse payment of any Transaction presented to the Company by the Merchant or, if payment has been made, to be reimbursed by the Merchant immediately with the amount paid on such Transaction if the Company notifies the Merchant of the occurrence of any of the following: 11.5.1. : Dishonesty or fraud by the Merchant or its officers or employees is suspected, on reasonable grounds, in relation to such Transaction; 11.5.2. ; Any aspect of the relevant Transaction was made or conducted in breach or contravention of any of the provisions in this Agreement; 11.5.3. ; The Third Party Payment Providers User denies liability (in whole or in part) for the Transaction and after investigation of the Transaction by AttractPayePayments, and any other detail setting out the circumstances surrounding the transaction, the Third Party Payment Providers User’s claim is accepted by the Company as valid; or 11.5.4. or It is illegal for the Company to allow payment for the Transaction provided that the Company has notified the Merchant as soon as practicable that any such transaction as the Transaction is illegal for the Company to process. 11.6. The Merchant Services Fee specified in the Merchant Facilities Agreement may be varied with immediate effect from time to time by the Company upon giving 7 days written notice to the Merchant subject to clause 21 20 herein. 11.7. All payments by the Company in respect of a Transaction shall be made in NZD. 12.