Your Business. You are solely responsible for the nature and quality of the goods and services you provide (or if you accept donations, the intended use of those donations), and for Transaction receipts, delivery, support, refunds, returns, and for all other ancillary services you provide to Customers. You are solely responsible for verifying each Customer’s identity, determining a Customer’s eligibility and authority to complete a Transaction, and all other issues related to your goods and services and business activities.
Your Business. You must:
a. conduct your business in a proper, orderly and efficient manner;
b. not, without our consent, cease conducting your business and not significantly change the general character of any business you conduct;
x. xxxxxx, renew on time and comply with the terms of each authorisation necessary to enter into this document, comply with obligations under it and allow it to be enforced;
d. if we ask, use your best efforts to obtain permission to use the secured property for any purpose we reasonably specify;
e. not, without our consent:
i. provide financial accommodation to; or
ii. permit financial accommodation to remain owing to you by, a related entity or satisfy any financial accommodation you now or in the future owe to a related entity;
f. not deposit money with a person in circumstances where the money is not repayable unless you perform obligations (including to pay money) to that person;
g. ensure that your capital is not reduced or made capable of being called up only in certain circumstances; and
h. not, without our consent, approve or register a transfer of shares in your capital or change your directors or company secretary.
Your Business. You must:
(a) conduct your business in a proper, orderly and efficient manner;
(b) prepare and keep accounting and other records in accordance with the accounting principles and practice applying by law or generally accepted in Australia, consistently applied;
(c) not, without our consent, cease conducting your business and not significantly change the general character or the business practices as specified in the particulars (if any) of any business you conduct;
(d) maintain and follow proper and reliable processes and procedures for assessing and approving persons to whom you may hire out any secured property in a manner a prudent operator of a similar business would do;
(e) obtain, renew on time and comply with the terms of each authorisation necessary to enter into this document, comply with obligations under it and allow it to be enforced;
(f) if we ask, use your best efforts to obtain permission to use the secured property for any purpose we reasonably specify;
(g) will not hire any secured property out except on commercial terms for valuable consideration at market rates;
(h) not, without our consent:
(i) provide financial accommodation to; or
(ii) permit financial accommodation to remain owing to you by, a related entity or satisfy any financial accommodation you now or in the future owe to a related entity;
(i) not deposit money with a person in circumstances where the money is not repayable unless you perform obligations (including to pay money) to that person;
(j) If you are an entity:
(i) ensure that your capital is not reduced or made capable of being called up only in certain circumstances; and
(ii) not, without our consent, approve or register a transfer of shares in your capital or change your directors or company secretary.
Your Business. “KYB”)
2.1 The Card is a regulated financial product, and Perx is therefore required under applicable law to obtain and hold certain information about its customers. This information is used to satisfy Perx’s regulatory obligations and to assist Perx in administering the Card and identifying the Card in the event that it is lost or stolen. Please see clause 20 for more information on how Perx uses this information.
2.2 To complete an order for Cards, you must be a Company Representative of a body corporate (e.g. a company) or sole trader acting in the ordinary course of business and which is registered in and/or incorporated in a Passported Country (as set out in the Schedule). The Company Representative and all Cardholders must be over 18 years of age.
2.3 As part of its KYB procedures required under applicable law, Perx will require information about the Company and its representatives (including, as applicable, employees or clients) to complete an Order, including (but not limited to):
2.3.1 the legal name of the Company;
2.3.2 the names and dates of birth of directors;
2.3.3 the names and dates of birth of any natural person(s) who exercises executive control over the daily or regular affairs of the Company.
2.4 Perx will require the information set out in clause 2.3 and any documentary evidence required to support such information prior to completion of an Order. Perx will electronically verify this information using online KYB verification services. By entering into this Card Agreement, you, as Company Representative, consent to these verifications taking place.
2.5 The Company Representative must provide all information reasonably required by Perx (acting in accordance with applicable law) to fulfill its anti-money laundering obligations in respect of any Cardholders.
2.6 As part of the Order and any future orders, the Company Representative may request additional Cards for Cardholders. This Card Agreement also applies to any additional Cards and Cardholders that Perx provides to the Company. It is important that the Company provide this Card Agreement to any additional Cardholders before they start using the Card.
2.7 The Company represents and warrants to Perx that:
2.7.1 it is a body corporate or other entity, which is duly incorporated or registered in the Passport Countries, or a partnership, acting within the scope of its ordinary course of business;
2.7.2 it is duly authorised to enter into the Card Agreement and to perform its obligations he...
Your Business. (a) You will notify Us immediately if You intend to, and prior to taking of any steps to:
(i) transfer or sell or liquidate a substantial part of Your assets;
(ii) change the basic nature of Your business, including selling any products or services not related to Your current business;
(iii) change ownership or transfer control of Your business;
(iv) enter into any joint venture, partnership or similar business arrangement whereby any person or entity not a party to this Agreement assumes any interest in Your business;
(v) alter in any way Your approved monthly volume, average ticket, or maximum ticket;
(vi) making any substantial change in the volume of Transactions in respect of domestic versus foreign purchases; or
(b) You will immediately notify Us in writing if You become subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Your failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of You and for Us to exercise of all Our rights and remedies provided by this Agreement. If any change listed above occurs, We may immediately terminate this Agreement.
(c) You further acknowledge and agree that We may withhold funds (settlement or otherwise) or temporarily suspend processing under this Agreement if We, in our sole discretion, determine that such withholding or suspension is required to protect Us from potential losses or if there exist material variances from the disclosures made by You in (i) the nature of Your business, (ii) the type of or composition of Amex Card processing conducted, or (iii) the actual average ticket size or actual monthly volume amount. If (A) such variances exist, (B) You do not receive authorization for Transactions, (C) We or Amex receive excessive Retrieval requests against Your prior activity, (D) We receive excessive Amex fraud reports, or (E) excessive Chargebacks are debited against Your prior activity, then We may delay or withhold settlement of funds for a period not less than 180 days or until We are reasonably certain fraud or other activity detrimental to Us has not occurred. Our right to withhold settlement funds as set forth in these Terms and Conditions survives termination of the Merchant Agreement. You must immediately contact Us if material variances from the average ticket size or monthly volume occur. For the purposes of these Terms and Conditions, our determination of materiality shall be binding upon You. We...
Your Business. 25.1 You must:
(a) conduct your business (including keeping accurate books of account and collecting debts owed to you) in a proper, orderly and efficient manner; and
(b) not without our consent, stop payments generally, cease conducting your business or change the general character of any business you conduct (or threaten to do any of these things).
25.2 If you hold any security interest for the purposes of the PPSA and if your failure to perfect the security interest would materially adversely affect your business, you agree to implement, maintain and comply in all material respects with, procedures for the perfection of those security interests. These procedures must include procedures designed to ensure that you take all reasonable steps under the PPSA to continuously perfect those security interests including all steps reasonably necessary:
(a) for you to obtain, the highest ranking priority possible in respect of the security interest (such as perfecting a purchase money security interest or perfecting a security interest by control); and
(b) to reduce as far as possible the risk of a third party acquiring an interest free of the security (such as including the serial number in a financing statement for personal property that may or must be described by a serial number). If we ask, you agree to arrange at your expense an audit of the We may ask you to do this if we reasonably suspect that you are not complying with this clause. WBC.400.054.0764 Standard Facility Terms 26 Administrative matters
26.1 You must:
(a) obtain, renew on time and comply with the terms of each authorisation necessary for you to enter into the
(b) obtain, renew on time and comply with the terms of each authorisation necessary for you to use the secured property for its current purpose and, if we ask, use your best efforts to obtain permission to use the secured property for any purpose we reasonably specify.
26.2 We may do anything which you should have done under this facility agreement but which you have either not done or in our reasonable opinion have not done properly. If we do so, you must pay our reasonable costs when we ask.
26.3 You agree to do anything (such as obtaining consents, signing and producing documents, and getting documents completed and signed) which we ask and reasonably consider necessary for the purposes of:
(a) providing more effective security over any secured property;
(b) ensuring that a security interest created under any arrangement with us is ...
Your Business. 3.1 Your warrant that your business is as described in your application, and you undertake to accept cards in payment of goods and/or services relating to your business only and within South Africa only.
3.2 The goods and/or services you offer may not be sold or produced in contravention of the agreement, applicable law, common-law provisions or the Card network rules.
3.3 You must notify us in writing of any change in the nature of your business or a change in the ownership or beneficial control of your business within three business days.
3.4 The Card networks restrict and/or prohibit certain industries. Therefore, if you are dishonest with regards to your business or if you supply goods and/or services that are not aligned with the disclosed business, we may view that as a material breach of the agreement and terminate it accordingly.
Your Business. You may operate Your business within the Licensed Premises only for the exclusive purpose of the (the "License Use"). You may not use the Licensed Premises for any other purpose. If You use the Licensed Premises for some other purpose, or fail to abide by Our operating rules, as set forth in Paragraph 5 of the Terms and Conditions hereto, You are required to pay us a fee of $50.00 per day for so long as You continue to do so. Our right to receive this fee from You is in addition to any other rights or remedies We may have under this License, at law, or in equity.
Your Business. You must do the following as it relates to the secured property:
a. conduct your business in a proper, orderly and efficient manner;
b. not, without our consent, cease conducting your business and not significantly change the general character of any business you conduct; and
x. xxxxxx, renew on time and comply with the terms of each authorisation necessary to enter into this document, comply with obligations under it and allow it to be enforced.
Your Business. You must:
(a) conduct your business in a proper, orderly and efficient manner;
(b) not, without our consent, cease conducting your business and not significantly change the general character of any business you conduct;
(c) obtain, renew on time and comply with the terms of each authorisation necessary to enter into this document, comply with obligations under it and allow it to be enforced;
(d) if we ask, use your best efforts to obtain permission to use the secured property for any purpose we reasonably specify;
(e) not, without our consent:
(i) provide financial accommodation to; or
(ii) permit financial accommodation to remain owing to you by,
(f) not deposit money with a person in circumstances where the money is not repayable unless you perform obligations (including to pay money) to that person;
(g) ensure that your capital is not reduced or made capable of being called up only in certain circumstances; and
(h) not, without our consent, approve or register a transfer of shares in your capital or change your directors or company secretary.
