Payments to You. 5.1 After we show and value date Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following: (A) the Remittance Date; and (B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions. 5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion): (A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or (B) send you an invoice for any or all such sums, which invoice shall be payable in accordance with its terms; 5.3 The sums referred to in clause 5.2 are: (A) any Refunds; (B) any Chargebacks; (C) any Assessments; (D) any Chargeback Costs; (E) any Claims; (F) any Anticipated Liabilities; (G) any Fees; and (H) any other charges or amounts due from you to us under this Agreement or otherwise. 5.4 In addition to our rights under clauses 5.2 and 5.3, we may defer any amount we are obliged to pay you: (A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold; (B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider or any other third party; or (C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement. 5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider, or any other third party. 5.6 In the event that we exercise our rights under this clause 5 we shall notify you of any such action and the reasons for it, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension. 5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where we apply a currency conversion to Remittance, we use our prevailing Exchange Rate of the day which is applied on: (a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions. 5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay Customer Payments Account and any such interest may be retained by us.
Appears in 2 contracts
Samples: Merchant Services Agreement, Merchant Services Agreement
Payments to You. 5.1 After we show and value date Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following:
(A) the Remittance Date; and
(B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions.
5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion):
(A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or
(B) send provide or make available to you (including by email or on a portal from which it can be accessed and/or downloaded) an invoice for any or all such sums, which invoice shall be payable in accordance with its terms;
5.3 The sums referred to in clause 5.2 are:
(A) any Refunds;
(B) any Chargebacks;
(C) any Assessments;
(D) any Chargeback Costs;
(E) any Claims;
(F) any Anticipated Liabilities;
(G) any Fees; and
(H) any other charges or amounts due from you to us under this Agreement or otherwise.
5.4 In addition to our rights under clauses 5.2 and 5.3, we may defer any amount we are obliged to pay you:
(A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold;
(B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider or any other third party; or;
(C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement; or
(D) or we may withhold any amount we are obliged to pay you, without limit in amount or time, where you first submit an Application Form to us while we conduct additional due diligence on you as required by Applicable Law or our internal policies until the satisfactory completion of such additional due diligence and/or you provide us with the required information as communicated to you (as determined by us in our sole and absolute discretion).
5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge):
(A) where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider, or any other third party; or
(B) without limit in amount or time, where you first submit an Application Form to us while we conduct additional due diligence on you as required by Applicable Law or our internal policies until the satisfactory completion of such additional due diligence and/or you provide us with the required information as communicated to you (as determined by us in our sole and absolute discretion).
5.6 In the event that we exercise our rights under this clause 5 we shall notify you of any such action and the reasons for it, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension.
5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where we apply a currency conversion to Remittance, we use our prevailing Exchange Rate of the day which is applied on:
(a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions.
5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay Customer Payments Account and any such interest may be retained by us.
Appears in 1 contract
Samples: Merchant Services Agreement
Payments to You. 5.1 After we show and value date Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following:
(A) the Remittance Date; and
(B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions.
5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion):
(A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or
(B) send you an invoice for any or all such sums, which invoice shall be payable in accordance with its termsterms and within the relevant period specified in clause 4.3;
5.3 The sums referred to in clause 5.2 are:
(A) any Refunds;
(B) any Chargebacks;
(C) any Assessments;
(D) any Chargeback Costs;
(E) any Claims;
(F) any Anticipated Liabilities;
(G) any Fees; and
(H) any other charges or amounts due from you to us under this Agreement or otherwise.
5.4 In addition to our rights under clauses 5.2 and 5.3, we may defer any amount we are obliged to pay you:
(A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold;
(B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider or any other third party; or
(C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement.
5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment APM Provider, or any other third party.
5.6 In the event that we exercise our rights under this clause 5 we shall notify you of any such action and the reasons for it, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension.
5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where we apply a currency conversion to Remittance, we use our prevailing Exchange Rate of the day which is applied on:
: (a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions.
5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay Customer Payments Account and any such interest may be retained by us.and
Appears in 1 contract
Samples: Merchant Services Agreement
Payments to You. 5.1 After we show and value date Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following:
(A) the Remittance Date; and
(B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions.
5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion):
(A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or
(B) send you an invoice for any or all such sums, which invoice shall be payable in accordance with its termsterms and within the relevant period specified in clause 4.3;
5.3 The sums referred to in clause 5.2 are:
(A) any Refunds;
(B) any Chargebacks;
(C) any Assessments;
(D) any Chargeback Costs;
(E) any Claims;
(F) any Anticipated Liabilities;
(G) any Fees; and
(H) any other charges or amounts due from you to us under this Agreement or otherwise.
5.4 In addition to our rights under clauses 5.2 and 5.3, we may defer any amount we are obliged to pay you:
(A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold;
(B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider or any other third party; or
(C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement.
5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment APM Provider, or any other third party.
5.6 In the event that we exercise our rights under this clause 5 we shall notify you of any such action and the reasons for it, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension.
5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where we apply a currency conversion to Remittance, we use our prevailing Exchange Rate of the day which is applied on:
: (a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions.
5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay THE COMPANY Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay THE COMPANY Customer Payments Account and any such interest may be retained by us.
Appears in 1 contract
Samples: Merchant Services Agreement
Payments to You. 5.1 After we show and value date Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following:
(A) the Remittance Date; and
(B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions.
5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion):
(A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or
(B) send provide or make available to you (including by email or on a portal from which it can be accessed and/or downloaded) an invoice for any or all such sums, which invoice shall be payable in accordance with its terms;
5.3 The sums referred to in clause 5.2 are:
(A) any Refunds;
(B) any Chargebacks;
(C) any Assessments;
(D) any Chargeback Costs;
(E) any Claims;
(F) any Anticipated Liabilities;
(G) any Fees; and
(H) any other charges or amounts due from you to us under this Agreement or otherwise.
5.4 In addition to our rights under clauses 5.2 and 5.3, we may defer any amount we are obliged to pay you:
(A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold;
(B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider or any other third party; or
(C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement.
5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider, or any other third party.
5.6 In the event that we exercise our rights under this clause 5 we shall notify you of any such action and the reasons for it, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension.
5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where we apply a currency conversion to Remittance, we use our prevailing Exchange Rate of the day which is applied on:
(a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions.
5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay Customer Payments Account and any such interest may be retained by us.
Appears in 1 contract
Samples: Merchant Services Agreement
Payments to You. 5.1 After we show Following the value dating and value date crediting of Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following:
(A) the Remittance Date; and
(B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions.
5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion):
(A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or
(B) send you an invoice for any or all such sums, which invoice shall be payable in accordance with its termsterms and within the relevant period specified in clause 4.3;
5.3 The sums referred to in clause 5.2 are:
(A) any RefundsRefunds processed since the previous Remittance Date (or, in the case of the first Remittance Date, since the Commencement Date);
(B) any Chargebacks;
(C) any Assessments;
(D) any Chargeback Costs;
(E) any Claims;
(F) any Anticipated Liabilities;
(G) any Fees; and
(H) any other charges or amounts due from you to us under this Agreement or otherwise.
5.4 In addition to our rights under clauses 5.2 and 5.3clause 5.2, we may defer any amount we are obliged to pay you:
(A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold;
(B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider Institution or any other third party; or
(C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement.
5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) where we reasonably believe that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider, Institution or any other third party.
5.6 In the event that we exercise our rights under this clause 5 as a result of any matters referred to under clauses 5.3(E), 5.3(F), 5.3(H), 5.4(B) or 5.5, we shall notify you of any such action and action, the reasons for itit and the procedure for rectifying any factual errors that led to the refusal, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension. If you are a Large Enterprise or a Large Charity, we may charge you the reasonable costs of any such notification.
5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where In circumstances where we apply a currency conversion to Remittance, Remittance we use our prevailing Exchange Rate exchange rate of the day which is applied on:
: (a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions.
5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay Customer Payments Account and any such interest may be retained by us.and
Appears in 1 contract
Samples: Merchant Services Agreement
Payments to You. 5.1 After we show and value date Transactions to your Merchant Data Account in accordance with clause 2.8, subject to clauses 5.2 to 5.7 (inclusive), we shall initiate or procure the initiation of each Remittance by bank transfer to your Merchant Bank Account on the later of the following:
(A) the Remittance Date; and
(B) the expiry of any period of deferment pursuant to clause 5.4 in respect of the relevant Transactions.
5.2 In respect of any sums specified in clause 5.3 below, we may at our option (which we may exercise in our sole and absolute discretion):
(A) deduct or withhold such sums from, or set-off such sums against, any amount we are otherwise obliged to pay you; and/or
(B) send you an invoice for any or all such sums, which invoice shall be payable in accordance with its termsterms and within the relevant period specified in clause 4.3;
5.3 The sums referred to in clause 5.2 are:
(A) any Refunds;
(B) any Chargebacks;
(C) any Assessments;
(D) any Chargeback Costs;
(E) any Claims;
(F) any Anticipated Liabilities;
(G) any Fees; and
(H) any other charges or amounts due from you to us under this Agreement or otherwise.
5.4 In addition to our rights under clauses 5.2 and 5.3, we may defer any amount we are obliged to pay you:
(A) if, following any deductions pursuant to clause 5.2, such amount is less than the minimum Remittance threshold that we reasonably determine in our sole and absolute discretion (of which we will notify you from time to time), until the total Remittance payable reaches that threshold;
(B) where we reasonably believe that a Transaction (including activity which would otherwise have constituted a Transaction) may be fraudulent or involves other criminal activity, until the satisfactory completion of our investigation and/or that of any Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment Provider or any other third party; or
(C) without limit in amount or time, if we become aware or reasonably believe that you are in breach of or likely to be in breach of your obligations under this Agreement.
5.5 We may suspend the processing of all or any Transactions, Refunds, Representments or Retro-Charges where we reasonably believe that a Transaction, Refund, Representment or Retro-Charge (including activity which would otherwise have constituted a Transaction, Refund, Representment or Retro-Charge) may be fraudulent or involves any criminal activity, until the satisfactory completion of our investigation and/or that of any, Other Financial Institution, Regulatory Authority, Card Scheme or Alternative Payment APM Provider, or any other third party.
5.6 In the event that we exercise our rights under this clause 5 we shall notify you of any such action and the reasons for it, unless we are prohibited from doing so under the Applicable Law. Subject to reasonable security measures and Applicable Law, we will notify you before any suspension of processing under clause 5.5 if we are able to do so, or otherwise immediately after such suspension.
5.7 Remittance shall be paid in the currency or currencies agreed between you and us as set out in the Application Form, or as otherwise agreed in writing by you and us from time to time. Where we apply a currency conversion to Remittance, we use our prevailing Exchange Rate of the day which is applied on:
: (a) the date of Settlement, in the case of Point of Sale Transactions (including Mail Order/Telephone Order Transactions and Card Not Present Transactions); and (b) the date on which the Transaction is sent to the Acquirer, in the case of eCommerce Transactions.
5.8 In circumstances where we receive Transaction funds, you hereby unconditionally instruct and authorise us or any Other Financial Institution to remit such funds to one or more Worldpay Customer Payments Accounts for the purpose of holding the funds received in respect of Transactions you have processed (net of any amounts due to us) on your behalf, prior to making each Remittance to you. You shall not be entitled to receive interest, if any, paid by our bank service provider in connection with funds held in the Worldpay Customer Payments Account and any such interest may be retained by us.
Appears in 1 contract
Samples: Merchant Services Agreement