Common use of TERMINATION AND EXPIRY Clause in Contracts

TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using your OnePay Account you have accepted the terms and conditions of this Agreement. b. You have the right to withdraw from this Agreement for a period of up to 14 calendar days beginning from the commencement of the Agreement (the “Cooling- Off Period”) without any penalty but subject to deduction of any fees incurred by us only in relation to Transactions you have made (as set out in Section 15). If you withdraw from the Agreement during the Cooling-Off Period no other fees or charges will be incurred. You can withdraw by contacting Customer Services within the 14 day Cooling-Off Period. c. You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 of this agreement. d. Once the Agreement has been terminated, you must destroy your Card. e. At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you have breached this Agreement; ii. you use (or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Account was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. Your Card will be valid for the period ending on the expiry date indicated on your Card (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. h. If either party terminates this Agreement in accordance with this Section 9 we will immediately cancel any Cards.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using a) This Agreement is entered into at the time you apply for the Card at your OnePay Account you have accepted the terms and conditions of this Agreementagency. b. b) You have the right to withdraw from this Agreement for a period of up to 14 calendar days beginning from the commencement of the Agreement (the “Cooling- Cooling-Off Period”) without any withoutany penalty but subject to deduction of any fees incurred by us only in relation to Transactions you have made (as set out in outin Section 1513). If you withdraw Ifyouwithdraw from the Agreement during the Cooling-Cooling- Off Period period no other fees or charges will be incurred. You can withdraw by contacting Customer Services Service within the 14 day Cooling-Cooling Off Period. c. c) You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instructionofyourinstruction, we will wewill debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 10 of this agreement. d. d) Once the Agreement has been terminated, you must destroy your Card. e. e) At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. f) We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you have breached this Agreement; ii. you use (or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Account Card was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. g) Your Card will be valid for the period ending on the expiry date indicated on your Card the front (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. This Agreement will terminate when your Card expires unless you request or are issued with a replacement Card prior to the Expiry Date. h. h) If either party terminates this Agreement in accordance with this Section 9 7 we will immediately cancel any Cards.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using a) This Agreement is entered into at the time you apply for the Card at your OnePay Account you have accepted the terms and conditions of this Agreementagency. b. b) You have the right to withdraw from this Agreement for a period of up to 14 calendar days beginning from the commencement of the Agreement (the “Cooling- Cooling-Off Period”) without any penalty but subject to deduction of any fees incurred by us only in relation to Transactions you have made (as set out in Section 1513). If you withdraw from the Agreement during the Cooling-Cooling- Off Period period no other fees or charges will be incurred. You can withdraw by contacting Customer Services Service within the 14 day Cooling-Cooling Off Period. c. c) You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 10 of this agreement. d. d) Once the Agreement has been terminated, you must destroy your Card. e. e) At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. f) We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you have breached this Agreement; ii. you use (or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Account Card was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. g) Your Card will be valid for the period ending on the expiry date indicated on your Card the front (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. This Agreement will terminate when your Card expires unless you request or are issued with a replacement Card prior to the Expiry Date. h. h) If either party terminates this Agreement in accordance with this Section 9 7 we will immediately cancel any Cards.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

TERMINATION AND EXPIRY. a. By submitting a a) This Agreement is entered into on receipt of your completed and signed OnePay application form to us and/or by using your OnePay Account you have accepted the terms and conditions of this Agreementus. b. b) You have the right to withdraw from this Agreement for a period of up to 14 calendar days beginning from the commencement of the Agreement (the “Cooling- Off Period”) without any penalty but subject to deduction of any fees incurred by us only in relation to Transactions you have made (as set out in Section 1513). If you withdraw from the Agreement during the Cooling-Off Period no other fees or charges will be incurred. You can withdraw by contacting Customer Services within the 14 day Cooling-Off Period. c. c) You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 10 of this agreement. d. d) Once the Agreement has been terminated, you must destroy your Card. e. e) At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. f) We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you have breached this Agreement; ii. you use (or allow someone else to use) the OnePay Card Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Card Account was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c3(b) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. g) Your Card will be valid for the period ending on the expiry date indicated on your Card the front (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. This Agreement will terminate when your Card expires unless you request or are issued with a replacement. h. h) If either party terminates this Agreement in accordance with this Section 9 7 we will immediately cancel any Cards.

Appears in 1 contract

Samples: Card Agreement

TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using your OnePay Account you have accepted the terms and conditions of this Agreement. b. You have the right to withdraw from this Agreement for a period of up to 14 calendar days beginning from the commencement of the Agreement (the “Cooling- Off Period”) without any penalty but subject to deduction of any fees incurred by us only in relation to Transactions you have made (as set out in Section 1516). If you withdraw from the Agreement during the Cooling-Off Period Period, no other fees or charges will be incurred. You can withdraw by contacting Customer Services within the 14 14-day Cooling-Off Period. c. You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 of this agreement. d. Once the Agreement has been terminated, you must destroy your Card. e. At our sole discretion, we may terminate this Agreement with at least 2 monthsninety (90) days’ notice. f. We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you have breached this Agreement;. ii. you use (or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity;. iii. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Account was untrue;. v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands;. vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. viii. If you give us false information g. Your Card will be valid for the period ending on the expiry date indicated on your Card (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. h. If either party terminates this Agreement in accordance with this Section 9 9, we will immediately cancel any Cards.

Appears in 1 contract

Samples: Terms and Conditions

TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using your OnePay Account you have accepted the terms and conditions of this Agreement. b. You have the right to withdraw from this Agreement for a period of up to 14 calendar days beginning from the commencement of the Agreement (the “Cooling- Off Period”) without any penalty but subject to deduction of any fees incurred by us only in relation to Transactions you have made (as set out in Section 15). If you withdraw from the Agreement during the Cooling-Off Period no other fees or charges will be incurred. You can withdraw by contacting Customer Services within the 14 day Cooling-Off Period. c. You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 of this agreement. d. Once the Agreement has been terminated, you must destroy your Card. e. At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. We may terminate this Agreement immediately and without prior notice under the following circumstances: i. 1. if you have breached this Agreement; ii2. you use (or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii3. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv4. we establish any information we relied upon in allowing you your OnePay Account was untrue; v. 5. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above.; vi. g. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We demands;We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. Your software;Your Card will be valid for the period ending on the expiry date indicated on your Card (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. h. If either party terminates this Agreement in accordance with this Section 9 we will immediately cancel any Cards.

Appears in 1 contract

Samples: Onepay Account Terms & Conditions

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TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using your OnePay Account you have accepted the terms and conditions of Termination for cause Without limiting Our other rights under this Agreement. b. , We may terminate this Agreement and/or any Order(s) with immediate effect by giving notice to You, if: You have failed, or in Our reasonable opinion are likely to fail, to provide the right Services in accordance with the Agreement; We are of the opinion that your Services have been unsatisfactory; You experience an adverse change in capacity, capability or business status; You have breached any term of the Agreement; You or any of Your Personnel have breached, or We reasonably suspect You have breached, any laws relating to withdraw from the Services; You stop providing the Services otherwise than as permitted by the Agreement; We are reasonably satisfied that any statement provided by You is incorrect, incomplete, false or misleading in way which would have affected the original decision to appoint You to the Scheme or enter an Order; You have a Change of Control that We reasonably believe will have an adverse impact on Your ability to perform Your obligations under the Agreement; You no longer have the requisite authorisations, licenses, accreditation, registrations or consents to be legally capable of providing the Services or performing Your obligations under the Agreement; or You have failed to notify Us of a Conflict of Interest, You are unable or unwilling to resolve the Conflict of Interest to Our reasonable satisfaction or, in Our opinion, a Conflict of Interest exists which prevents Your performance of the Agreement. Termination without fault We may terminate the Agreement at any time by giving You a minimum of 45 days' notice because of changes to any guidelines or policies of Ours, the State or Commonwealth Government. Without limiting clause 13.2(mmmm), either party may terminate the Agreement at any time for any reason by giving the other party at least 6 months' written notice. We may terminate an Order at any time, for any reason, by notice to You. The party electing to terminate under this clause 13.2 agrees to pay any reasonable costs directly and necessarily incurred by the other party as a result of the termination under this clause 13.2 (excluding any loss of profits or income) as long as the costs are proven to the terminating party's reasonable satisfaction. Consequences of expiry or termination On expiry or termination of the Agreement or an Order, We may direct You to: promptly deliver to Us or Our nominee; or destroy, all of Our Confidential Information and any Agreement Material and Records that You hold or control that are required for a period the provision of up the Services and the performance of Your obligations under the Agreement, and You agree to 14 calendar days beginning from the commencement comply with any such direction. Our liability to You on termination of the Agreement (including under clause 13.2) or an Order is limited to the “Cooling- Off Period”) without amount of unpaid and due payments under the relevant Order. On expiry or termination of the Agreement or an Order, You agree to: within 20 Business Days of the expiry or termination of the Agreement, provide Us with any penalty but subject outstanding reports or data due to deduction Us under the Agreement; provide Us with any reports and Records that We reasonably require of any fees incurred by us only in relation You; and provide Us with all reasonable assistance to Transactions you have made (as set out in Section 15)ensure the orderly transition of the Services to Us or Our nominee. Where the Agreement is terminated under clause 13.1, You agree to provide this assistance to Us at Your cost. If you withdraw from this Agreement ends while an Order is in force, the Agreement during Order will remain in force until the Cooling-Off Period no other fees Order expires or charges will be incurredis terminated in accordance with this Agreement. You can withdraw by contacting Customer Services within the 14 day Cooling-Off Period. c. You also have the Any right to terminate this Agreement after the Cooling-Off Period includes a right to terminate any or all relevant Orders current at any that time. You can do so must refund to Us any amounts paid by contacting Customer Services. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 of this agreement. d. Once the Agreement has been terminated, you must destroy your Card. e. At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you Us for terminated Orders that have breached this Agreement; ii. you use (or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii. we must do so to comply with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Account was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. Your Card will be valid for the period ending on the expiry date indicated on your Card (“Expiry Date”)been provided. On the Expiry Dateending of this Agreement, your Card will cease to function and you will have no further right to use it for TransactionsYou must fulfil all Orders already placed, unless the Order has or is terminated. h. If either party terminates this Agreement in accordance with this Section 9 we will immediately cancel any Cards.

Appears in 1 contract

Samples: Prequalification Scheme Agreement

TERMINATION AND EXPIRY. a. By submitting a completed and signed application form to us and/or by using your OnePay Account you have accepted the terms and conditions of this Agreement. b. You have the right to withdraw from 11.1. The Customer may terminate this Agreement during the Term if THE IGD GROUP is in material breach of its obligations herein or is unable to provide the Services due to a Force Majeure Event, for a period of up to 14 calendar days beginning from more than 15 working days. 11.2. Without limiting the commencement of the Agreement (the “Cooling- Off Period”) without any penalty but subject to deduction generality of any fees incurred by us only other clause in relation to Transactions you have made (as set out in Section 15). If you withdraw from the Agreement during the Cooling-Off Period no other fees or charges will be incurred. You can withdraw by contacting Customer Services within the 14 day Cooling-Off Period. c. You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services. On receipt of your instructionAgreement, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 of this agreement. d. Once the Agreement has been terminated, you must destroy your Card. e. At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. We THE IGD GROUP may terminate this Agreement immediately and without prior by notice under during the following circumstancesTerm if: i. (a) The Customer is in breach of any term of this Agreement and such breach is not remedied within 30 days of The Customer being notified of the breach; (b) The Customer or its End Users remain in breach of the acceptable use policies or other policies of THE IGD GROUP provided by THE IGD GROUP from time to time after 5 days notification of such breach (provided that any such breach that is deemed to be illegal activity or likely in the reasonable opinion of THE IGD GROUP to cause injury to any other person will not be subject to 5 days notification); (c) The Customer suffers or threatens to suffer an Insolvency Event or without consent from THE IGD GROUP has a change in more than 50% of its shareholding; (d) The Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; (e) The Customer, being a natural person, dies; (f) The Customer fails to obtain or renew or are in breach (as the case may be) of any law, regulation, licence, permit or directive of any competent authority relevant to its use of the Products and/or Services; (g) The Customer ceases or threatens to cease conducting business; (h) if you have breached a supplier of Services or Products to THE IGD GROUP suspends, cancels, terminates or does not renew its supply of Products or Services to THE IGD GROUP (through no fault of THE IGD GROUP), and as a result, impairs or prevents THE IGD GROUP from delivering the Products or Services; (i) Any permit, licence or consent required for the provision of the Products or Services cannot reasonably be obtained by THE IGD GROUP; or (j) A Force Majeure Event occurs for more than 30 days. 11.3. If notice is given to The Customer pursuant to subclause 2, THE IGD GROUP may, in addition to terminating the Agreement: (a) Retain any moneys paid; (b) retain all or a portion of the security bond to cover any unpaid debt; (c) charge a reasonable sum for work performed in respect of which work no sum has been previously charged; (d) be regarded as discharged from any further obligations under this Agreement; ii. you use (or allow someone else e) be entitled to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activitypayment of all and any monies owing by The Customer to THE IGD GROUP under this Agreement within 7 days; iii(f) be entitled to the return of any Products or Services or Confidential Information or materials of THE IGD GROUP in the possession of The Customer within 7 days; (g) repossess and/or resell any Products in respect of which The Customer has not paid THE IGD GROUP in full (and gain access to The Customer’s premises for this purpose); and (h) Pursue any additional or alternative remedies provided by law or equity. 11.4. we must do so In addition to comply the remedies specified in subclause 3, and without limitation to any other rights and remedies of THE IGD GROUP, if: (a) This Agreement is terminated during the Term by The Customer (other than in accordance with any law, regulation or by order or recommendation of the police or any relevant governmental or regulatory authority or courtsubclause 1); or iv(b) this Agreement is terminated by THE IGD GROUP as a result of the matters specified in subclause 2(a)-(f), 11.5. we establish any information we relied upon The Customer acknowledges that THE IGD GROUP shall obtain capacity to provide the Products and Services based on the agreed Service Orders, which may include obtaining capacity from third parties. The Customer further acknowledges that THE IGD GROUP will suffer loss and damage which it will hold The Customer accountable for and which The Customer will be liable for if The Customer wishes to vary or cancel the capacity specified in allowing you your OnePay Account was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) abovethe Service Order during the Term. vi11.6. You act The Customer also, with notice from THE IGD GROUP, agrees and acknowledges to indemnify THE IGD GROUP in respect of any relevant and reasonable third party charges payable by THE IGD GROUP under any third party contract as a manner that is abusive result of any cancellation, variation or threatening to our staff special or representatives once-off charges resulting from the variation or subject them to unreasonable demands; vii. We reasonably consider your use termination or re-initiation of the OnePay App Services or Online Portal may damage our systems/ hardware/software. g. Your Card will be valid for the period ending on the expiry date indicated on your Card (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. h. If either party terminates this Agreement Products of The Customer or its End Users other than in accordance with this Section 9 we will immediately cancel any Cardssubclause 3.

Appears in 1 contract

Samples: It and Backup Services Agreement

TERMINATION AND EXPIRY. a. By submitting Termination for cause Without limiting Our other rights under the Agreement, We may terminate the Agreement with immediate effect by giving notice to You, if: You breach a completed provision of the Agreement and signed application form You fail to us and/or by using your OnePay Account you remedy the breach within 20 Business Days following receipt of a notice requiring You to do so (or such longer period as We may specify); You repeatedly breach a provision of the Agreement and We have accepted the terms and conditions of this Agreement. b. provided You with an opportunity to remedy those breaches, whether or not You have remedied those breaches; We are reasonably satisfied that any statement provided by You and relied upon by Us to approve the right Funds is incorrect, incomplete, false or misleading in way which would have affected the original decision to withdraw from approve the Funds; You have a Change of Control that We reasonably believe will have an adverse impact on the decision to pay the Funds or Your ability to perform Your obligations under the Agreement; You suffer an Insolvency Event; to the extent relevant, a change to Your constitution, rules, memorandum or articles of association or operations means that You are no longer eligible for the Funds or You are no longer able to comply with the Agreement; You no longer have the requisite authorisations, licenses, accreditation, registrations or consents to be legally capable of providing the Services or performing Your obligations under the Agreement; or You have failed to notify Us of a Conflict of Interest, You are unable or unwilling to resolve the Conflict of Interest to Our reasonable satisfaction or, in Our opinion, a Conflict of Interest exists which prevents Your performance of the Agreement. Termination without fault We may terminate the Agreement at any time by giving You a minimum of 45 days' notice where We are required to cease providing Funds to You because of changes to the State budget or any guidelines or policies of the State or Commonwealth Government. Without limiting clause 13.2(a), either party may terminate the Agreement at any time for any reason by giving the other party at least 6 months' written notice. The party electing to terminate under this clause 13.2 agrees to pay any reasonable costs directly and necessarily incurred by the other party as a result of the termination under this clause 13.2 (excluding any loss of profits or income) as long as the costs are proven to the terminating party's reasonable satisfaction. Consequences of expiry or termination On expiry or termination of the Agreement, We may direct You to: promptly deliver to Us or Our nominee; or destroy, all of Our Confidential Information and any Agreement Material and Records that You hold or control that are required for a period the provision of up the Services and the performance of Your obligations under the Agreement, and You agree to 14 calendar days beginning from the commencement comply with any such direction. Our liability to You on termination of the Agreement (including under clause 13.2) is limited to the “Cooling- Off Period”) without any penalty but subject to deduction amount of any fees incurred by us only in relation to Transactions you have made (as set out in Section 15). If you withdraw from unpaid Funds remaining at the Agreement during date of termination of the Cooling-Off Period no other fees or charges will be incurred. You can withdraw by contacting Customer Services within the 14 day Cooling-Off Period. c. You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer ServicesAgreement. On receipt of your instruction, we will debit any outstanding Transactions and deduct any applicable fees. You can then redeem your unused Available Funds as specified in Section 12 of this agreement. d. Once the Agreement has been terminated, you must destroy your Card. e. At our sole discretion, we may terminate this Agreement with at least 2 months’ notice. f. We may terminate this Agreement immediately and without prior notice under the following circumstances: i. if you have breached this Agreement; ii. you use (expiry or allow someone else to use) the OnePay Account and/or your Card or the Online Portal or the App improperly, illegally or for criminal activity; iii. we must do so to comply with any law, regulation or by order or recommendation termination of the police or Agreement, You agree to: repay any relevant governmental or regulatory authority or court; or iv. we establish any information we relied upon in allowing you your OnePay Account was untrue; v. You have been a Primary Customer for 12 months having not yet fully completed CDD under Section 3(c) above. vi. You act in a manner that is abusive or threatening to our staff or representatives or subject them to unreasonable demands; vii. We reasonably consider your use of the OnePay App or Online Portal may damage our systems/ hardware/software. g. Your Card will be valid for the period ending on the expiry date indicated on your Card (“Expiry Date”). On the Expiry Date, your Card will cease to function and you will have no further right to use it for Transactions. h. If either party terminates this Agreement unspent Funds in accordance with clause 9.6; deal with any Asset in accordance with clause 11.1(c); within 20 Business Days of the expiry or termination of the Agreement, provide Us with any outstanding reports or data due to Us under the Agreement; provide Us with any reports and Records that We reasonably require of You; and provide Us with all reasonable assistance to ensure the orderly transition of the Services and Assets to Us or Our nominee. Where the Agreement is terminated under clause 13.1, You agree to provide this Section 9 we will immediately cancel any Cardsassistance to Us at Your cost.

Appears in 1 contract

Samples: Funding Agreement

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