Service Provided by PAYMARK. The service to which PAYMARK is contractually able to commit is as described in clause 4.1, and the Merchant acknowledges that PAYMARK cannot guarantee continuous fault-free access to the System. However, PAYMARK and the Merchant recognise that should PAYMARK be unable to provide part of the Service or should the System be unavailable for any reason: 12.1.1 the Merchant will, subject to the provisions of this Agreement and the terms of any separate agreements governing the use of Cards, nevertheless be able to process Transactions as Offline Transactions in accordance with clause 7.1; and 12.1.2 in any event, any loss or damage that the Merchant may suffer may be disproportionate to the level of service to which PAYMARK is contractually able to commit under this Agreement, and accordingly it is reasonable that PAYMARK’s liability under this Agreement be limited in the manner described below.
Appears in 4 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
