Common use of THE MERCHANT’S OBLIGATIONS Clause in Contracts

THE MERCHANT’S OBLIGATIONS. 14.1. The Merchant shall ensure that the original Resolution(s) and applicable Agreements to the chosen Product(s)/Service(s) is/are duly signed and sent to NuPay within 7 (seven) Business Days of the Signature Date. 14.2. The Merchant shall ensure that only an employee/s of the Merchant, who is/are duly authorised to do so in terms of a valid Resolution, shall perform the Merchant Function. 14.3. The person(s) so authorised to perform the Merchant Function shall be responsible for the written and/or electronic authorisation of the cancellation of Transactions, a change of banking details, instalment processing requests, and instalment date changes. 14.4. Each Merchant Function shall be deemed to be valid and/or authorised, and the validity and/or authorisation thereof may not be disputed by the Merchant, nor will NuPay be obliged to determine the validity and/or authority of the Merchant Function or to investigate such validity and/or authority as set out in the Merchant’s Resolution. 14.5. NuPay will endeavour, but is not obliged, to verify the signature(s) of the authorised person(s) appearing on the Resolution whenever a request is made relating to the cancellation of Transactions, a change of banking details, instalment processing requests, or instalment date changes. 14.6. The Merchant shall be liable for any error occurring or fraud committed through the use of the Merchant Functions which is due to the actions of the Merchant, its agents, and/or employees. 14.7. The Merchant undertakes to train adequately all personnel utilising the NuPay System. Such personnel must be in possession of a certificate indicating the training undertaken by them and their competence to utilise the NuPay System. Initial training will be provided free of charge, but subsequent training will be charged on a time and cost basis, except if training is required when the NuPay System has been changed, in which case, the training will be free of charge.

THE MERCHANT’S OBLIGATIONS. 14.1. The Merchant shall ensure that the original Resolution(s) and applicable Agreements to the chosen Product(s)/Service(s) is/are duly signed signed, and sent to NuPay within 7 (seven) Business Days of the Signature Date. 14.2. The Merchant shall ensure that only an employee/s of the Merchant, who is/are duly authorised to do so in terms of a valid Resolution, shall perform the Merchant Function. 14.3. The person(s) so authorised to perform the Merchant Function shall be responsible for the written and/or electronic authorisation of the cancellation of Transactions, a change of banking details, instalment processing requests, and instalment date changes. 14.4. Each Merchant Function shall be deemed to be valid and/or authorised, and the validity and/or authorisation thereof may not be disputed by the Merchant, nor will NuPay be obliged to determine the validity and/or authority of the Merchant Function or to investigate such validity and/or authority as set out in the Merchant’s Resolution. 14.5. NuPay will endeavour, but is not obliged, to verify the signature(s) of the authorised person(s) appearing on the Resolution whenever a request is made relating to the cancellation of Transactions, a change of banking details, instalment processing requests, or instalment date changes. 14.6. The Merchant shall be liable for any error occurring or fraud committed through the use of the Merchant Functions which is due to the actions of the Merchant, its agents, and/or employees. 14.7. The Merchant undertakes to train adequately all personnel utilising the NuPay System. Such personnel must be in possession of a certificate indicating the training undertaken by them and their competence to utilise the NuPay System. Initial training will be provided free of charge, but subsequent training will be charged on a time and cost basis, except if training is required when the NuPay System has been changed, in which case, the training will be free of charge.